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2009-07-06 - Village Board Regular Meeting - Minutes 12174 4 07/06/2009 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,JULY 6,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:30 P.M. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Trilling, Stone and Sussman. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch, Deputy Village Manager;Scott Anderson,Director of Finance;Katie Skibbe,Assistant Director of Finance; Gregory Boysen,Director of Public Works;Brian Sheehan,Village Health Officer;Robert Pfeil,Village Planner;Rick Kuhl,Superintendent of Public Works-Operations;Police Chief Balinski;Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Berman,seconded by Braiman,to approve the minutes of the June 15,2009 Regular Meeting.Upon roll,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSTAIN: 1 —Glover Motion declared carried. WARRANT#1124 Mr.Tenerelli read Warrant#1124. Moved by Glover,seconded by Braiman,to approve Warrant#1124 in the amount of$2,277,129.68,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein made the following appointments to the Buffalo Grove Days Committee: Lee Orlov,Janee Stempel and Connie Webber. Moved by Glover,seconded by Braiman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed Martin Sussman to the Commission for Residents with Disabilities. Moved by Berman, seconded by Braiman,to concur with President Hartstein's appointment. Upon voice vote the motion was unanimously declared carried. Trustee Sussman stated that Mr. Sussman is her husband,but since there is no compensation for commissioners, nor are there any corporate funds used for this volunteer position,there is no conflict in her vote for approval. 12175 07/06/2009 President Hartstein congratulated the Park District on the tremendous new improvements to our Emmerich Park,and urged the entire community to stop by and visit the new facility and see the new improvements throughout the entire park. President Hartstein congratulated and thanked the Buffalo Grove Symphonic Band for the tremendous patriotic ` concert that they presented at the Rotary Village Green on July 4`h. v President Hartstein apologized to those who were disappointed with the delay for the fireworks presentation on Saturday evening. Mrs.Neukirch first apologized to the community for the delay that occurred with the 4th of July Fireworks,and then presented a report on the events that took place during the day and the events that led to the delay. Mrs.Neukirch then reviewed steps that will be taken to eliminate this type of situation in the future. Representatives from Melrose Pyrotechnics apologized for the inconvenience,and indicated that they will enhance the Buffalo Grove Days display as a compensation. President Hartstein urged residents to mark their calendars for the Buffalo Grove Fine Arts Festival coming up on July 18-19,2009 at the Town Center. President Hartstein urged residents to share their opinions with our legislators on an issue currently pending in Congress,that being Health Care. Also,he urged residents to contact our State legislators with their opinions regarding current issues at the state level. President Hartstein noted that staff will present a status report on Automated Red Light Enforcement in the Village at the July 20,2009 meeting. President Hartstein asked Mr.Brimm to present an update on the status of the formation of an Ethics Committee. Mr.Brimm prepared an outline regarding ethical behavior among elected officials and Village staff,and codes of conduct among elected officials and Village staff. The Village has appropriately codified all that is required in the State of Illinois for ethics. Research into the issue continues,and he will put together topics and subjects for Board review as we proceed forward. Staff is also looking into the concept of censure and sanction issues that lie within the context of codes of conduct or ethical behavior. There will be several reports brought to the Board for review in discussion,and finally there will be a legal review,and a full report will be brought to the Board for action and possible codification. ROTARY CLUB AWARD Denny Snyder,past Rotary President,reviewed history and criteria for the Bill Reid Community Service Award. Mr. Snyder introduced Paulette Greenberg as this year's recipient of the award,and reviewed the long list of accomplishments that Mrs.Greenberg has contributed to the Village. President Hartstein congratulated and thanked Mrs.Greenberg for all that she has done for Buffalo Grove. CITIZEN'S FIRE ACADEMY GRADUATION Chief Vavra briefly reviewed the role and the history of the Citizens Fire Academy. All members of the Fire Department become involved in this class as part of their proactive approach to seek understanding and support from the community that they serve as their commitment to excellence. Chief Vavra then presented certificates to each of the graduates,who were congratulated by the audience and the Board. TRUSTEE REPORTS Trustee Stone stated that something has been brought to her attention in the community,and she would like to ask Trustee Berman for the statute or citation that he is referring to when he tells people in the community that we had to vote yes to the OTB at Adam's Ribs or we would otherwise likely be sued by the petitioner and that 12176 07/06/2009 Li the law is on their side. Therefore,there was no choice,or a"no brainer",as she heard that Trustee Berman put it. Trustee Stone asked Trustee Berman to tell the citizens of Buffalo Grove exactly the law that states that Villages must have gambling,as she has never heard of such a law. If that were the case,she wonders why there was such controversy over the gambling if,in fact,the Village was legally bound to passing gambling legislation. If this is true,she asked for the statute that validates what he is telling our citizens. If this is not true, she asked that Trustee Berman make crystal clear to the viewing public that his words have been misunderstood. �-/ On the record,Trustee Stone wants to bring up a concern that she brought to the Village Manager's attention,as well as the Village Attorney. Trustee Stone wants this on record as she is concerned as to whether the Village should ask Inter-Track Partners to hold off on their investment with regard to their OTB,since the Tribune has filed a Freedom of Information request regarding the gambling process. When the Tribune takes such measures, it is not common that it is on gambling. This should concern and give the Village reason for pause. If something comes out through the investigation via the Tribune FOIA that causes this Board to re-evaluate whether we want to go forward with the OTB,we should not be burdened by the fmancial impact that would arise given the investment or loss that Inter-Track Partners might sue us for if we don't put this on hold. Another way to look at this is,if we need to consider a reversal,for instance if Action A costs us$2,000,000 or Action B costs us nothing,then aren't we forced to make a decision based out of fear of financial impact. When she brought this to the attention of Mr.Brimm and Mr.Raysa,she was told that we cannot think of hypotheticals or take guesses. Trustee Stone disagrees and feels that we should be prudent and cautious and not put ourselves at financial risk, and she asks for the Board's opinion on this matter. Trustee Stone wants to thank Comcast for fmally restoring our 16-day blackout to the Comcast boxes,not the direct line,but to the Comcast boxes. Trustee Stone would like to understand how this occurred,how our Village,without timely repair,let 16 days go by;there was sound,but there was no picture. Trustee Stone is very concerned because there was information at the June 15,2009 meeting that was very important,and she is concerned that,if there was a health or emergency crisis that needed to get through,the Village would not have known what was getting through and what was not getting through. Trustee Sussman had suggested to Trustee Stone that the Comcast boxes be installed at both the Police Department and Village Hall and that perhaps Comcast would pick up those boxes because we need to be sure that our Village meetings are being shown. President Hartstein reviewed some basic protocol,stating that the primary purpose of Trustee Reports is to inform the public on issues that we wish as a Board to communicate in terms of announcements and to bring things to people's attention. The purpose of Trustee Reports is not to interrogate each other,whether it is to staff or to a Trustee. If there is a question that any Board member has,the preferable way to deal with a particular issue is to address that to staff and ask for some information so that staff will have an opportunity to understand and appreciate what the inquiry is and get back to a Trustee either privately or as part of a public meeting. Anyone who wishes to answer or respond is free to do so,but it is not really the purpose of Trustee Reports to engage in cross-examination and interrogation of each other;the purpose is to raise questions and issues that the Board wants staff to look into or should be brought to the attention of the public. Trustee Berman stated that this is an unusual way to go about things,especially a month or two after an issue came up and was addressed,and the time for debate was at the meetings in which the matter was presented to the Board. Trustee Berman expressed during the June 1,2009 meeting his opinion and belief as to the duties of this Board,and the standards under which our decision needed to be made. Those standards had been vetted and checked with the Village Attorney. To the extent that Trustee Stone is asking him to respond to a rumor of someone saying something to someone who passed it on to her,as he tried to explain earlier,he believes this mischaracterized both the opinion that he had expressed and the nature of the issue that was posed. Nevertheless,Trustee Berman believes that the opinion that he expressed on June 1,2009 was the correct one;it was supported by the Village Attorney. The comments made at the June 1,2009 meeting reflected his opinion; he stands on those comments;he believes that they were an accurate representation and they were supported and vetted with the Village Attorney. To the extent that anyone else says something about something or someone 12177 07/06/2009 says something,he is not going to respond to that sort of rumor-mongering. It is like an advanced game of Telephone.It is impossible to respond to that,as it is hypothetical in nature at best. The fact is that the time for Trustee Stone to ask for the appropriate standards for the decisions of this Board was before she declared her opposition and before she made her decision. Those questions should have been posed to the Village Attorney. Trustee Berman did pose his questions to the Village Attorney and he got the answers that he needed. Trustee Stone stated that,if it was law that we had to pass gambling,then we should not have had the May 4, 2009 or the June 1,2009 meeting because simply someone should have told us this is law;you have to have gambling. Now if you have to have gambling,she is wondering why all the other Villages that she knows do not have gambling. There are a lot of people in the community walking around wondering why Trustee Berman is telling them that this was a no-brainer and he had to pass this by law;she will be happy to provide names of people that would be happy to talk with Trustee Berman privately. What Trustee Stone wants to ask Trustee Berman is,when he spoke to the statute that he referenced on May 4,2009 or June 1,2009,in legal jargon that most people would certainly not understand,but she is asking if he is telling people in the community in common layman terms that we had to pass gambling,and if he is,she would like him to tell us the statute that he is citing that says that. It's just as simple as that. It is an issue where the whole community has been turned upside down by this decision,and for that reason,people should not be told something unless it is true. If it is true,and there is a statute,she will be the first one to come to the meeting and say"I understand the statute". Is that fair? It is a simple question—just tell us the citation that you reference. Trustee Stone stated that she will follow the process,but the highest order is always the honesty so that is what she is looking for right now. Trustee Berman stated that,if Trustee Stone is going to talk about honesty,then she should stop casting aspersions and running around and making general broad characterizations and claims that are simply unsubstantiated. Trustee Stone is attempting to put words in Trustee Berman's mouth,and she is attempting to talk in terms of somebody said something about something that somebody said,and that is not,in fact,accurate. It is not a correct characterization either of what he said at the meeting or at any other time. The Board talked about the standards under which this Board needed to make a decision on June 1,2009. The standards were to make a decision based on the facts presented at the meeting,and in the record,and applied to the Village ordinance on Special Use,and if the facts support the decision that the request meets the Special Use criteria, then the Board is legally obligated to allow for the Special Use. That is what was repeatedly discussed at the June 1,2009 meeting. The opportunity was there for Trustee Stone to ask the Village Attorney for the standards. To suggest that Trustee Berman has said that we had to pass gambling or allow gambling in the Village would be a complete mischaracterization. Trustee Stone said that people said Trustee Berman was telling everyone that at a graduation party. Trustee Berman stated that ultimately,if Trustee Stone's goal is to re-argue and re-debate the question of the OTB,now is neither the time nor the place to do so. The time for a motion to reconsider was at the meeting following the adoption of the ordinance. Trustee Stone asked if,when things come to light afterwards,should we pretend like that is not happening because that is how the Village has done that for years? Susan Glazer has several friends that were at a graduation party with Trustee Berman and they all said that he was telling them the same thing,and this is the same story that a different person told Trustee Stone. Trustee Stone wants to know in the simplest terms(a)does a Village have to pass gambling,and(b)is that what Trustee Berman is telling people. Trustee Stone noted that Trustee Berman is extremely articulate and his legal vocabulary is amazing,and she does not always understand exactly what he is saying,and she believes that most of the lay people in the community would also not understand. So,she just wants to know if Trustee Berman is saying that we had to pass gambling or not. Trustee Berman stated that he recalls the conversation,and they talked about the standards,the way in which they are applied,and why it was his opinion the record supported granting the special use,and that is why he voted in favor of the Special Use. There was a relatively short discussion on the matter,going around and asking people their opinions and getting their feedback. Ultimately,none of this has any bearing on the outcome of the 12178 07/06/2009 vote and he asked Trustee Stone to explain how this is something that comes to light that bears upon business of the Village. Trustee Stone stated that is a good question,and the reason that it comes to light is for the exact reason that probably the Tribune FOIA filed the Freedom of Information Act request on the gambling issue,which is very unusual to do on a Village. Trustee Stone stated that she has spoken to people in higher office,and they all laugh and say of course it is not common that the Tribune would do that,so that is reason for concern. That is why she went to Mr.Brimm and Mr.Raysa to suggest that the Village heed this warning and perhaps slow down and put this on pause because the Village could be at financial risk. While Trustee Stone is hearing in the Village that Trustee Berman is telling people that gambling must be legalized in Villages,she is a Trustee now,and she is finding the whole process staggering,and that is why she has suggested an Ethics Commission,and she believes that it should apply to much that goes on in the Village. To this particular gambling issue,Trustee Stone stated that other Board members just want to put it behind them while they have the Tribune FOIA request,and a credible citizen FOIA'd it,and yet they want to pretend like it is business as usual. This is a very serious issue and very few communities pass it without huge turmoil,and they usually reject it,as did the Village in which the owner of the company lives. Trustee Stone is just asking Trustee Berman to address an issue that is confusing the community. President Hartstein stated that this is a distraction from the business at hand this evening,and this is dealing with an issue which was debated fully by this Board,and all of the proper procedures were followed,and there is no need to go on about a subject that has been fully debated and legitimately approved by the Board,and it is a distraction. It is his suggestion that,in the interest of addressing the business at hand that is on the agenda tonight,the Board deal with that business as opposed to dealing with an issue that has been decided in a proper manner by the Village Board. With regard to casting aspersions,Trustee Stone is continuing to cast aspersions on this Village,because someone made a FOIA request. A FOIA request is simply something that any citizen or publication has a right to request to obtain information from the Village of Buffalo Grove or any other public body. There is no basis whatsoever for Trustee Stone to use that as a basis to suggest by implication or otherwise that the Village of Buffalo Grove has done anything wrong,or that there is anything wrongful in the conduct of anyone on this Board or by this Board in its entirety by its action. President Hartstein believes that it is most unfortunate that Trustee Stone cast aspersions on the Board simply because someone did that which they have a legal right to do in terms of accumulating information. Well over 1,000 pages of documents were delivered to the Tribune by the Village. To suggest or imply that anything has been done wrong is simply absurd and uncalled for. Trustee Stone stated that she just wants to know if the Village should be concerned because the Tribune is investigating our process,and she is concerned about the possibility of reversing the ordinance and the fmancial responsibility that would fall upon the Village. If no one else thinks along the lines that she does,then at least the Village will all know that she did put it on record,and if it ever happened,she has already stated that she was concerned. The whole community can decide if the premise that she is suggesting is valid. Trustee Stone wants to know if anyone feels that this is a concern. Trustee Berman stated that the concern that Mrs. Glazer noted was the suggestion that had been made to her that there had been Open Meetings Act violations via e-mail,i.e.multiple Trustees had engaged in cross-talk on the e-mail in violation of the Open Meetings Act. Trustee Berman stated parenthetically that he does not believe this occurred. Trustee Berman asked Mr.Raysa if,for some reason,the Freedom of Information Act result suggested to someone that there was a violation of the Open Meetings Act via e-mail,that would in any way cast doubt on the validity of the ordinance that was passed at the meeting on June 1,2009 granting the Special Use. Mr.Raysa stated that,if there was a violation by means of the Open Meetings Act,it would mean that the e- mails had to meet the requirements to begin with,that being a gathering of a majority of a quorum for simultaneous conversation about business—that is the definition of a meeting. Mr.Raysa reviewed the e-mails 12179 07/06/2009 brought forth from staff in response to Mrs. Glazer's FOI request,and he did not see that there was any violation of the Open Meetings Act in the Village of Buffalo Grove in regard to the OTB issue. Trustee Berman asked that if,in fact,there had been some manner of violation of the Open Meetings Act revealed,would that cast any legal doubt on the validity of the ordinance that was passed June 1,2009. Mr.Raysa stated that,if the notice for the meeting was inappropriate or the OTB was not on the agenda,those violations would go to the validity of the ordinance because it was not a correctly published open meeting and was illegally held. Mr.Raysa does not believe that any violation by means of e-mail would affect the validity of the OTB ordinance. Trustee Trilling stated that he does not know where to start on this journey that we are on,but he will respond to one of the questions posed. Trustee Trilling stated he cannot speak for anyone else,but he can speak for himself, and there was a request by the Tribune and one resident for information,and he will state in front of everyone that he never violated any requirement set forth by the Open Meetings Act,nor did he ever do anything that was improper,illegal,immoral or anything else. OTB was passed and it is over with. There is a crusade by a couple of people who want to see this turned into something that it is not,and if the press or anyone else makes this any more than it is,Trustee Stone will be the one to be guilty of something. In answer to a question from Trustee Sussman,Mr.Raysa stated that a violation of the Open Meetings Act is actionable,pursuant to statute,by the Illinois Attorney General and also private citizens. That type of violation by e-mail of the Open Meetings Act is an actionable offense. The other example that he gave was that if the OTB ordinance was passed at a meeting of the Village Board that was inappropriately or not legally noticed pursuant to statute,or it was not on the agenda,that would be an actionable offense. Mr.Raysa's response to the question as to whether or not an alleged hypothetical violation by means of e-mail among certain Board members of the Open Meetings Act violate the OTB ordinance is that he does not believe so. Trustee Braiman is convinced and confident that the Board did nothing improper,immoral or illegal prior to or at the meeting on the OTB. Mr.Brimm reviewed all of the documents that went to Mrs.Glazer to be sure that everything was accounted for and in good order. Instructions went out to staff to produce everything that was requested. Those documents and additional documents went to the Tribune when he was out of the office,so he did not see everything that went to the Tribune. Mr.Raysa confirmed that they reviewed the documents provided,and he did not see anything in there that would give him any reason or cause to be concerned that there was any violation of the Open Meetings Act or any violation of any law or illegal action by anyone on the Board or the Village itself. Trustee Braiman asked if Trustee Stone had reviewed the documents requested byMrs.Glazer,andifif qso, Trustee Stone saw anything about which to be concerned. Trustee Stone stated that she had seen enough to be concerned,but she did not raise those concerns to staff. Trustee Braiman stated that he has not reviewed the documents because he is confident in the integrity of his fellow Trustees and has confidence in them and Mr.Raysa and Mr.Brimm,and if they are confident that everything is in order,he has complete faith in their review. Trustee Stone stated that checks and balances in government are critical these days,and she does not believe that Trustee Braiman can be so that certain that no one has violated any laws. Trustee Braiman noted to President Hartstein that the Board has now spent 45 minutes on this issue. Trustee Stone stated that obviously she is now hitting a nerve. 12180 07/06/2009 Trustee Braiman stated that the nerve that she is hitting is that the Board cannot go on with Village business because this will not go away. Trustee Stone stated that we cannot go on with Trustee Braiman's business because he wants to run this Village how he wants to run it and he doesn't want to let anyone see that. Trustee Braiman stated that it is just the opposite in that Trustee Stone will not let go. Trustee Stone stated that the Tribune won't let go,and obviously this bothers everybody,because they have all voted on it and she has seen the e-mails and it is concerning. President Hartstein suggested to Trustee Stone that,if she has,through her personal review of these documents, found anything concerning,it should be brought to the attention of the Village Manager and Village Attorney. Trustee Stone stated that she won't do that because it is not her business. President Hartstein stated that there is a fiduciary obligation as elected officials,and if anyone on this Board becomes aware of something that might be wrongful or that might suggest wrongful conduct,it behooves anyone on the Board to share that information with the Village Attorney and staff so that any such belief that something is wrong or improper can be properly reviewed by legal counsel to evaluate if there is any legal basis for her belief that something is wrong. President Hartstein believes that it is Trustee Stone's obligation as a duly elected official to bring those things that she believes are questionable to the attention of staff so that they can be properly evaluated and reviewed as opposed to continuing to speculate and suggest by innuendo that something was done wrong. Trustee Stone stated that,if that is case,now that she understands the onus that is on her shoulders now that she has read the things that she has read,she will absolutely comply with that because she does live that way. Trustee Stone asked if any member of the Board has the same fiduciary responsibility if they were aware of anything that was improper. President Hartstein stated that every member of the Board absolutely has the same responsibility to bring anything where they have reason to believe that anything was done wrong or improperly to the attention of the Village Manager and the Village Attorney immediately,because he would certainly want to know about it,and the community deserves to know about it,but we cannot know about it if it is all speculation without having factual basis for making such suggestions. Trustee Stone stated that she only brings it up because she does not want the Village to be at fmancial risk in these hard times,and she is suggesting that the Village be cautious and sensible. President Hartstein stated that this particular issue has been voted upon,and to the best of his knowledge, everything was done in a totally proper manner,and he does not believe there is any reason to waste any further time discussing speculation with no factual basis when there is current business to take care of for the Village. Trustee Trilling stated that he is not personally concerned by the Chicago Tribune requesting a FOIA to be able to find out information only regarding e-mails that were sent via the Village. Trustee Trilling is not concerned with monetary risk. The Board makes decisions every two weeks,and the Village staff makes decisions every single day,in the way they administer the Village. Judgments are based upon the information available at the time. At the time,the Board made the best judgment based on the information that was presented. Trustee Trilling stated that,in his opinion,there is no risk at all in any way,shape or form as far as this being reversed and he is not concerned at all. Mr.Brimm addressed the Comcast issue that was raised by Trustee Stone. Mr.Brimm reviewed the events that led up to the fact that Comcast subscribers with the boxes were only getting audio on Channel 6,but no video. 12181 07/06/2009 Mr.Brimm summarized the methods that the Village uses to monitor the system,and reviewed the steps taken to rectify the situation to insure that any future problems are addressed as quickly as technically possible. President Hartstein suggested that any Board member having specific questions on this particular issue to follow up with Mr.Brimm or Mrs.Neukirch tomorrow. President Hartstein also urged the community to contact the non- emergency number of the Police Department at 847-459-2560 any time they experience a problem with their reception of the public access channel;he assured everyone that if that is reported to that desk,they immediately advise the IT Department of any such problem,and the staff will do their utmost to insure that the problem is addressed as quickly as possible. Trustee Sussman reported that she had attended Buffalo Grove Community Appreciation Weekend at Arlington Park Race Track this past weekend,and noted that race#2 was actually called The Village of Buffalo Grove,and she thanked Christine Stabler for all of her hard work in arranging everything for the Village. Trustee Sussman commented on the Park District grand opening and re-dedication for the newly redeveloped Emmerich Park,and she gave a very big congratulations to the Park District on another monumental achievement. Trustee Sussman also mentioned that the Buffalo Grove Park District is one of four finalists in our population category for the National Recreation and Park Association 2009 Gold Medal Award,which is the top award in the nation. On their website,bgparkdistrict.org,there is a wonderful video that they have submitted for this award and it is well worth viewing. Trustee Berman stated that he has viewed the video,and there is a nice segment by President Hartstein and also Trustee Sussman. The video was put together by Mike Terson,who did a fantastic job in creating the video, with a lot of content and a lot of very positive messages about the Park District and about the community as a whole. Trustee Trilling noted that the Buffalo Grove Police Department has been recognized with five state and national traffic safety awards. Four awards were won in 2008 from the Illinois Traffic Safety Challenge,and one award in 2008 for the International Association of Chiefs of Police Law Enforcement Challenge. The Buffalo Grove Police Department was awarded 1st place in their size category for the Illinois Traffic Safety Challenge, and received three additional special awards for teen safety awareness,commercial vehicle safety,and railroad grade safety. In the National Law Enforcement Challenge,the Department won 2nd place in the Championship category. Chief Balinski and members of the Buffalo Grove Police Department will be honored at awards ceremonies to be held in Rosemont,IL on August 12,2009,and at the International Chiefs of Police Convention on October 6,2009 in Denver,CO. Trustee Trilling congratulated the Department for the wonderful awards that they received. Trustee Stone again summarized the situation with regard to the Comcast blackout,and asked Mrs.Neukirch to explain exactly how this failure occurred and how it is that Village management did not know of it. Mrs. Neukirch answered Trustee Stone's question as to the steps that are followed when there is an issue with the government channel. The issue was expeditiously resolved,and steps have been taken to ensure that the situation does not re-occur. Mr.Brimm also reviewed the steps taken and stated that the outages were isolated, and there were very few calls from residents noting a problem. President Hartstein stated that the question has been asked and answered,and the Village Manager has indicated that the issue was dealt with and steps have been taken to eliminate the situation in the future. Trustee Sussman stated that the important thing is that it doesn't happen again and that we have a system of checks and balances and it is done and over with. 12182 07/06/2009 PUBLIC HEARING—PRAIRIE HOUSE President Hartstein called the Public Hearing for the proposed annexation of the Prairie House Restaurant,23068 Main Street,Prairie View,Illinois,to order at 9:23 P.M. Notice of Public Hearing was published in the Daily Herald on June 20,2009. Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. President Hartstein swore in Ron Hansen,owner of Prairie House,and Gary Gilman,manager,to give testimony. Mr.Hansen briefly reviewed the history of the Prairie House,stating that they consider themselves a family restaurant,and he is unaware of any problems with any neighbors. Mr.Gilman stated that he feels that they are welcome in the community,and he believes this is a great restaurant with a lot of heart both amongst the employees and the patrons. President Hartstein asked if there were any questions from the Board or the audience. Robin Steibel,23065 N.Prairie Road,Prairie View,stated that she is directly across the street from Prairie House,and noted that they are wonderful neighbors. The only thing the neighbors are concerned with is that, when Prairie House becomes part of Buffalo Grove,they want to be sure that,if Prairie House ever does sell,it will revert back to Prairie View or unincorporated Lake County. The neighborhood is concerned with Buffalo Grove having that anchor in the middle of their little area. President Hartstein answered that there is a legal procedure for annexation or disannexation. Currently,the discussion is regarding the petition for annexation by the Prairie House. It is the property,not the business,that is being annexed,so that parcel of land will ultimately part of the Village of Buffalo Grove. Ms. Steibel stated that she understands that,but Prairie House is the anchor of Prairie View right now,and they want to make sure of the continuation of Prairie View. Also,it was noted that Mr.Hansen has raised money and donated to the community,and they are asking that some of that money be put into the revival of Prairie View, not just Buffalo Grove. President Hartstein stated that the Board understands their concerns. The Village of Buffalo Grove respects and appreciates the special identity that Prairie View has,and has always been mindful of the rich heritage that Prairie View area has,and all those types of things are taken into consideration in the things that the Village does in the Prairie View area. Mr.Hansen noted that he is a community-minded person and works on raising funds for the community. However,he believes he was misunderstood,as he raised$1,400 for the Make-A-Wish Foundation,but not necessarily for the immediate area. President Hartstein stated that he would trust that,if Prairie House becomes part of the Village of Buffalo Grove, they would continue to be community minded and be supportive of local organizations and the surrounding community. Trustee Braiman posed several questions with regard to the special conditions in the agreement. Mr.Raysa confirmed that the agreement is not complete as yet,and there are also typographical errors to correct. Trustee Braiman stated that there is some concern about garbage removal. Mr.Gilman stated that they are looking into better ways to contain the garbage and remove it from the current spot. Mr.Brimm stated that compliance point#25 requires the petitioner to construct an enclosure,and they are working on a solution. 12183 07/06/2009 �•/ Trustee Braiman stated that he is concerned about the parking,and he asked if it would be possible to convert the garage to the north into some sort of parking area. Mr.Brimm stated that the configuration of that site is not really conducive to parking. Mr.Raysa noted that one of the purposes of this Public Hearing is to review the Annexation Agreement. Introduced into the Public Hearing is a cover memo dated today's date by Ghida Neukirch,along with the Notice of Public Hearing. Also the draft Annexation Agreement being presented to the Board tonight is dated in the �•/ upper right-hand corner as July 1,2009. Chief Balinski's June 25,2009 memorandum and Chief Vavra's June 25,2009 memorandum in regard to Prairie House addressed to Deputy Village Manager,Ghida Neukirch are also included. President Hartstein asked if there were any further comments or questions from the Board or members of the audience;there were none. At 9:38 P.M.,President Hartstein continued the Public Hearing until July 20,2009. 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 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 Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Trilling,seconded by Berman,to approve the Consent Agenda. ORDINANCE#2009-36-FIRST AMERICAN BANK Motion to pass Ordinance#2009-36,granting a variation to Sign Code,Section 14.40.025,for First American Bank, 1 Bank Lane. ORDINANCE#2009-37-CHANPRUNG LLC Motion to pass Ordinance#2009-37,amending Chapter 5.20,Liquor Controls Class B. In answer to a question from Trustee Berman,Mr.Brimm noted that the name of the restaurant referred to is Sushi Tai. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-38-TORAH ACADEMY Trustee Sussman reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. 12184 07/06/2009 Moved by Sussman,seconded by Glover,to pass Ordinance#2009-38,amending the Special Use for Congregation Beth Am,225 McHenry Road,concerning the Torah Academy. Trustee Braiman,Trustee Trilling and Trustee Stone disclosed that they are members of Congregation Beth Am, but they have no direct benefit either to the school or Beth Am,and according to the Village Attorney,there is no conflict of interest. Trustee Sussman stated that,although she is not a member of Beth Am,her husband is on a committee with Rabbi Zehnwirth. Mr.Raysa stated that does not present a conflict and Trustee Sussman may participate in this matter. In answer to a question from Trustee Braiman,Rabbi Zehnwirth stated that they do not anticipate more than 150 students attending,with a staff of approximately 20. Trustee Braiman is concerned about the parking to the west. Rabbi Zehnwirth stated that there is more than sufficient parking. Rabbi Zehnwirth stated that they are hopeful that this will be a successful venture. Trustee Braiman noted that he wished them good luck. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. President Hartstein welcomed Rabbi Zehnwirth and the Torah Academy to the Village of Buffalo Grove and wished them much success. ORDINANCE#2009-39-HEIDNER PROPERTIES Trustee Sussman reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Sussman,seconded by Glover,to approve a Preliminary Plan in the B-3 District, 1200 Dundee Road, Heidner Properties. Mr.Brimm stated for the record that this ordinance clearly documents in an orderly way the transition from the Exxon/Mobil use through the El Polo Loco and then on to the use that is proposed for this evening. It is clear how the procedure was done in a legal and orderly fashion so the planning and concepts that went with that are not lost. In answer to a question from President Hartstein,Mr.Brimm stated that end users are not known at this time. Trustee Berman asked that the language contained in the July 6,2009 memo be a condition of the motion. Trustees Sussman and Glover agreed. Trustee Berman thanked the petitioner for continuing to work with the Village. The efforts are appreciated,and `./ Trustee Berman will support the proposal. Trustee Glover asked if the Village has to go any further if the IEPA approves everything that is done,and everything is cleaned up according to their rules and regulations. Mr.Raysa stated that the IEPA ruling stands,however,there was contamination on the property. Through procedures dictated by statute,the previous owner(Exxon/Mobil)had to follow certain procedures,and then submit a proposed Corrective Action Plan and a proposed budget. That CAP and budget have been approved by the EPA. Then Exxon/Mobil may go forward according to that plan and apply to the IEPA for reinspection to be 12185 07/06/2009 certain that the CAP has been completed, and they then issue a Corrective Action Completion report. During this time frame,there will be further monitoring on the site because there are issues with both the soil and water involved. The last step is known as a Final Determination Letter that will be issued. The consultant is currently working on the premises. The petitioner/owner attorney's letter that shows the history with the IEPA. Mr.Raysa confirmed to Trustee Glover that,at the end of this entire procedure,the Village has total confidence that everything has been done properly and everything is okay for redevelopment of the property. In answer to a question from Trustee Braiman,Mr.Pfeil stated that the appearance review is a part of the Plan Commission review and was approved by the Plan Commission. In answer to a question from Trustee Braiman,Mr.Brimm stated that he is not aware of any uses that were prohibited. Staff would evaluate the uses as they are brought back and they would be in the context of what is approved for B-3. Trustee Sussman asked why this has not been completed between 2007 and 2009.The attorney for the developer stated that Exxon/Mobil is completely in charge of the environmental process,and the remediation process does take a long time to go through. There is only soil contamination,and there is no ground water contamination;he noted that this will take some time. The environmental condition of the problem migrating to another site could only happen if the soil is removed off site. There is an underground storage tank report indicating that the water is not contaminated,and he will provide those reports to the Village. Mr.Raysa stated that the IEPA will issue a Final Determination Letter,but it will likely not be issued prior to a request for a certificate of occupancy. Mr.Raysa will be satisfied once he reviews the CAP that has been approved by the IEPA. The site will probably never be 100%clean,but you can contain the contamination on the site. If the monitoring devices for the water come back showing no contamination,then Mr.Raysa will rely upon the IEPA's determination in regard to that. An approved CAP by the IEPA is not the fmalized document by the IEPA. Mr.Raysa stated that he would rely upon the IEPA to see that Exxon/Mobil completes the CAP according to the approved plan;he will review the approved CAP and make a recommendation to the Village. The property owner stated that he has done this many times;the IEPA tells them what they have to do and what the process is that Mobil has to do to satisfy them,and it does take quite a bit of time. For example,they like to have the property sealed which is an additional step that helps the constant of what they are looking for. It could take years to get the No Further Action letter,but in the meantime,they will not allow anything that would be hazardous to anyone. Exxon/Mobil is 100%responsible for the contamination;the property owner has no responsibility at all. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. DUNDEE ROAD STREETSCAPING Moved by Berman,seconded by Glover,to pass Resolution#2009-29,approving an Intergovernmental Agreement providing for Federal participation in the Preliminary Engineering Design of the Dundee Road Streetscaping Improvement in accordance with the memorandum and the resolution contained in Board packets identified by the document identifier ending in res09.doc. Mr.Brimm reviewed the proposed resolution,as well as the next proposed resolution on the agenda,details of which are found in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Li 12186 07/06/2009 After discussion,and after Mr.Boysen stated that he does not believe a delay of two weeks will create a problem,Trustee Braiman stated that he is uncomfortable voting on this item tonight and moved to defer action until we have definitive answers and/or an agreement from the Federal government regarding the issue of possible reimbursement;Trustee Glover seconded the motion. Upon voice vote,the motion was unanimously declared carried. DUNDEE ROAD STREETSCAPING Moved by Braiman,seconded by Berman,to defer action on a resolution approving a Preliminary Engineering Services Agreement involving Federal participation in Preliminary Engineering Services for the Dundee Road Streetscaping Improvement.Upon voice vote,the motion was unanimously declared carried. COMPREHENSIVE FINANCIAL REPORT Moved by Braiman,seconded by Berman,to accept the Comprehensive Financial Report. Upon voice vote,the motion was unanimously declared carried. CRACK SEALILNG PROGRAM Moved by Braiman,seconded by Berman,to authorize bid for 2009 Crack Sealing Program,in accordance with the proposal before the Board dated July 1,2009. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. EXECUTIVE SESSION Moved by Glover,seconded by Braiman,to move to Executive Session for the purpose of discussing Pending Litigation,Section 2(c)(11)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. The Board moved to Executive Session from 10:28 P.M.until 11:04 P.M. ADJOURNMENT Moved by Braiman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 11:05 P.M. Jan frabian,Village Clerk APPROVED BY ME THIS 20th DAY OF July ,2009 Village President