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2009-07-20 - Village Board Regular Meeting - Minutes 12187 07/20/2009 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 20,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:38 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL �•/ Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Trilling,Stone and Sussman. Also present were: William Brinun,Village Manager;Ghida Neukirch,Deputy Village Manager;William Raysa, Village Attorney;Scott Anderson,Director of Finance;Gregory Boysen,Director of Public Works;Robert Pfeil, Village Planner;Brian Sheehan,Village Health Officer;Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Braiman,to approve the minutes of the July 6,2009 Regular Meeting.Upon roll, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. WARRANT#1125 Mr.Tenerelli read Warrant#1125. Moved by Glover,seconded by Braiman,to approve Warrant#1125 in the amount of$2,692,107.18,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 thanked Amdur Production,the Arts Commission,the volunteers,the artists and the patrons who contributed to make the Buffalo Grove Fine Arts Festival such a success this past weekend. President Hartstein also announced that Buffalo Grove has received another honor of which we can be very proud, and that is the distinction of being listed as one of the top 100 communities in the United States by Money Magazine. President Hartstein noted that the Village had received FOIA requests from the Chicago Tribune and a resident with regard to the Off-Track Betting Facility recently before the Board. It was determined by staff last week that there were some e-mails that had inadvertently not been included with the documents presented for those two FOIA requests. President Hartstein became concerned when he learned of this instance,and in the interest of insuring that every document was presented for those FOIA requests,he directed the Village Manager to do a full sweep of our server and our backup system,with the assistance of our IT Department,to review for any other documents omitted from the FOIA request. Buffalo Grove has absolutely nothing to hide,and the Board and the staff want to be sure that the Village is fully compliant and has fully disclosed any document that has been requested. 10.1 Mr.Brimm stated that the independent audit of the server and the backup system that he undertook was started approximately ten days ago and was completed today. There were some documents that were not included. The 12188 07/20/2009 nature of those documents were under several categories such as administrative,transmittal type documents between staff or counsel or the petitioner where attachments were forwarded on for review as an attachment and/or a pdf file. Specific documents between staff would be drafts of the Special Use ordinance,advising staff or counsel that certain larger documents such as maps,aerial photography and the like were posted to a common drive. The Village does have a common drive within the network where the larger documents are posted so that they are only posted once rather than being transmitted to a number of individuals. An example of specific individual types would be when the Special Use conditions were being drafted for the ordinance,they were circulated to staff for language development before they were sent to counsel. Another large group of documents were citizen inquiries or resident postings providing their opinion or views regarding OTB's in general;there was a specific option within the website where comments could be posted that came directly to the office of the Village Manager for review. In terms of full disclosure,there were a number of documents that post-dated the date of the FOIA request. Mr. Brimm reviewed all documents up through today's date when there was some e-mail circulated among staff on the status of the OTB and the permitting process. There are 28 documents that will be produced just dated in the month of July,which is post the FOIA request. The total number of documents to be added to the FOIA request is 213. President Hartstein requested that the citizen that made the FOIA request as well as the Tribune get copies of these documents at no cost at the earliest possible date. Mr.Brimm stated that the documents have all been reviewed and an inventory has been prepared,so they are ready to be copied tomorrow. Mr.Brimm will contact both parties and inform them that the documents will be available on Wednesday morning. In response to a question from President Hartstein,Mr.Brimm stated that,based upon his audit of the backup and the server,he is comfortable that he has been able to determine each and every document related to the OTB. Mr.Brimm stated that the scan of the backup and the server worked exactly as it should have. All of the records are still held in a separate file,and they will never be deleted. President Hartstein stated that,in order to move our meetings along,according to Roberts Rules of Order,all questions,whether to staff or Trustees,are to be directed through the chair. President Hartstein conferred with our Village Attorney regarding this procedure. Trustee Braiman asked Mr.Brimm to describe our process for obtaining information for FOIA requests. Mr. Brimm stated that a form is filled out,and that form goes to the department determined to be responsible for the document. The OTB request was sent to all departments impacted and believed to house documents relating to the OTB. Those documents were transmitted to the Village Manager's office where they were reviewed and compiled before giving them to the requestors. Mr.Brimm confirmed that the policy is that he asks each of the individual departments to make those searches and then forward to the Village Manager. If it is a Police matter,the Chief signs off on the request. The completed FOIA request comes to the Clerk's office and is signed off,and filed. In light of the recent request,the procedure has been modified so that either he or Mrs.Neukirch sign off on every FOIA fulfilled request. The form has been modified to see how it tracks and where it was originally intended to be sent. If it is believed, because of the nature of the request,that there may be some additional reviews that are warranted,the request will be amended to go in a different direction. This request is an example where it was known that there needed to be input from several different departments,the request would have been amended to be sure that every impacted department was compliant. The formal written procedures that are posted to the website will be amended when the legislation on the Governor's desk is signed. The form has already been put in place. President Hartstein asked Mr.Brimm to prepare a memo for the entire Board as to how the Village intends to improve the system from an accountability standpoint. 12189 07/20/2009 TRUSTEE REPORTS Trustee Sussman stated that she wanted to remember another important event that took place 40 years ago today, that being the Apollo 11 moon landing,the first time Neil Armstrong set foot on moon soil. President Hartstein stated that this event exemplifies the fact that there is no limit to what we can accomplish if we put our minds to it. Trustee Trilling commented that the 8th annual Buffalo Grove Fine Arts Festival was a great success,with 151 artists from around the world, 13 youth artists and 83 volunteers. Trustee Trilling thanked Mrs.Neukirch and every volunteer and every Commission and all of the staff support provided to make this such a success. The artists raved over the weekend at the warm welcome and tremendous support that they received.Trustee Trilling again thanked everyone involved and those who attended for making this the best Art Festival the Village has ever coordinated. President Hartstein also noted that one of the artists was so appreciative of what Buffalo Grove has done that he wanted to give something back to our community,so he a painted an American Flag and he wanted to donate that painting to the Village to be presented to a veteran at our Veteran's Day Celebration on November 11,2009. Mr. Lavin,the artist,stated that,while he was painting,he was mindful of those who put their lives on the line for us each day,and he wanted to give something back to them. President Hartstein thanked him for that generous gift. President Hartstein also mentioned Brett Kryska,our intern,who we were very lucky to have as a part of our staff this past year. Mr.Kryska's last day of work with the Village before undertaking a new position was Friday,but he thought this was such a great event that he spent the entire weekend at the Art Festival,and President Hartstein wanted to thank him for the special dedication and service to our Village and our community. Trustee Glover noted that,on behalf of the Village,she was pleased to announce that Buffalo Grove was recognized by Money Magazine as one of the top 100 cities to live nationally. Buffalo Grove was listed as#65,and there were only three Illinois communities made the top 100 list. Trustee Glover reviewed the criteria,and noted that this is a great accomplishment and congratulated the Village. Trustee Glover then read from the article and noted that the article can be read on line. VILLAGE MANAGER'S REPORT Mr.Brimm noted that there will be a Finance Committee meeting on July 27,2009 at 6:30 P.M. PUBLIC HEARING—PRAIRIE HOUSE President Hartstein called the continued Public Hearing for the proposed annexation of the Prairie House Restaurant, 23068 Main Street,Prairie View,Illinois,to order at 8:08 P.M. Notice of Public Hearing was published in the Daily Herald on June 20,2009. Mr.Brimm reviewed the background of the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Robin Steibel,23065 N.Prairie Road,Prairie View,asked why,with the eventual sale of the Prairie House,it cannot be returned to Prairie View. Ms. Steibel stated that Prairie House is the anchor of Prairie View. President Hartstein stated that it is the request of the petitioner,Prairie House,to request annexation to Buffalo Grove,and again noted that it is the property,not the business that is being annexed. There is similarly a procedure for disannexation that may be followed at the request of a petitioner. In answer to a question from Trustee Braiman,Gary Gilliam,general manager of the Prairie House,confirmed the owner has read the code compliance requirements and does intend to be bound by them and intends to make the corrections. President Hartstein asked if there were any further questions from any members of the public or the Board;there were none. 12190 07/20/2009 Mr.Raysa stated that the Annexation Agreement being presented at this Public Hearing is dated 7/15/2009 Draft B in the upper right-hand corner. At 8:14 P.M.,President Hartstein continued the Public Hearing until this particular item appears on the agenda this evening. QUESTIONS FROM THE AUDIENCE In answer to a question by Frank Ladonne,34 Chestnut Court West,Mr.Brimm presented an update on the research with regard to a review panel that would be convened as appropriate to look at allegations or questions regarding ethical behavior or conduct. In answer to a question from Alan Rekus,27 Chevy Chase Drive,Mr.Brimm noted that there were 213 pages added to the recent FOIA requests. 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 Braiman,seconded by Glover,to approve the Consent Agenda. ORDINANCE#2009-40—SURPLUS PROPERTY Motion to pass Ordinance#2009-40,authorizing the disposal of surplus Village personal property. Upon roll call,Trustees voted as follows on the Consent Agenda: Li AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-41—PRAIRIE HOUSE Moved by Glover,seconded by Braiman,to pass Ordinance#2009-41,approving an Annexation Agreement for the Prairie House Restaurant,23068 Main Street,Prairie View,Illinois. President Hartstein asked if there were any further comments or questions from the audience or the Board;there were none. President Hartstein closed the Public Hearing at 8:20 P.M. Mr.Brimm summarized the proposed annexation,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Mr.Raysa confirmed that the draft of the Annexation Agreement is dated 7/15/2009 Draft B in the upper right-hand corner. The date of the draft of the ordinance is 7/2/09. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried ORDINANCE#2009-42—PRAIRIE HOUSE Moved by Glover,seconded by Braiman,to pass Ordinance#2009-42,annexing certain territory to the Village of Buffalo Grove-Prairie House Restaurant,23068 Main Street. Upon roll call,Trustees voted as follows: 12191 07/20/2009 AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-43—PRAIRIE HOUSE Moved by Glover,seconded by Berman,to pass Ordinance#2009-43,amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove,Illinois—Prairie House Restaurant Property,23068 Main Street. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-44—WILLOW STREAM PARK Mr.Brimm summarized 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 Berman,to pass Ordinance#2009-44,amending Special Use concerning renovations of Pool House,Swimming Pool and Water Slide at Willow Stream Park. President Hartstein noted that the Village is very proud of the Park District,and also that they are in contention for being recognized as one of the top park districts in the United States. Michael Terson,Buffalo Grove Park District,presented a brief overview of the amenities that will be a part of the new park. Upon roll call,Trustees voted as follows motion: AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-45-320 THOMPSON Moved by Berman,seconded by Glover,to pass Ordinance#2009-45,re-authorizing a Child Day Care Home at 320 Thompson Boulevard,in accordance with the draft ordinance dated 7/16/2009 contained in Board packets. Mr.Brimm presented a brief synopsis of the request,details of which are contained in the Village Board Meeting Agenda Item Overview,noting that this is an administrative matter,and there have been no complaints concerning the day care operation. II Trustee Braiman asked that language be added stating that the Special Use be in effect as long as a DCFS license is maintained. Trustees Berman and Glover agreed to this request. 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. RESOLUTION#2009-29—DUNDEE ROAD 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 resolution contained in Board packets. I — 12192 07/20/2009 Mr.Brimm reviewed this and the next resolution on the agenda,details of which are contained in the Village Board Meeting Agenda Item Overviews prepared by Mr.Boysen. With regard to a concern raised at the last meeting,Mr. �•/ Brimm did confirm that there is risk. As noted in Paragraph 12,if the Village does not proceed ahead in any way over the course of a 10-year period,it will be obligated to return funds to the program. In answer to a question from Trustee Braiman as to what the Village is buying,Mr.Brimm stated that the Village will have full input into the project. Mr.Boysen also clarified the CMAQ grant. Trustee Berman stated that he is comfortable with the 10 year timetable,however,he does agree with Trustee Braiman's concerns and believes that staff needs to work to really clarify what the Village is buying,and to make sure the plan that is developed is truly an enhancement and that the Village retains the ultimate say-so in what goes into that corridor.Trustee Berman does understand staff's recommendation and can support it,albeit with some apprehension. Mr.Brimm stated that there was Board direction a number of years ago to look at a tool such as this in terms of economic development in trying to making the corridor a little more pedestrian friendly. President Hartstein echoed statements already shared in that there is a 10-year period in which to deal with this which gives the Village a lot of flexibility,and he believes we owe it to the community to ensure that we do the utmost to enhance the Dundee Road corridor. Trustee Trilling asked if there is the ability to change the design once it has been completed if,when construction may be ready to begin in a few years,there might be some modifications to be implemented due to possible changes that might occur with the car dealership properties. Mr.Brimm stated that he believe there is the flexibility to make those changes Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2009-30—DUNDEE ROAD Moved by Berman,seconded by Glover,to pass Ordinance#2009-30,approving a Preliminary Engineering Services Agreement providing for Federal participation in the Preliminary Engineering Design of the Dundee Road Streetscaping Improvement,in accordance with the memorandum and the draft resolution contained in Board packets. Mr.Brimm stated that a bid waiver is also being requested so that staff may continue to work with Burns& McDonnell. Trustees Berman and Glover agreed to the staff request for bid waiver and approval of the agreement with Burns& McDonnell. 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 FIRE STATION 26 OVERHEAD DOOR Mr.Brimm reviewed the proposed staff recommendation,details of which are contained in the Village Board �./ Meeting Agenda Item Overview prepared by Mr.Anderson. Staff is also making the recommendation to waive bids and go with the qualified bidder,Pro-Line Door Systems,Inc of Wood Dale,Illinois to undertake the work efforts 12193 07/20/2009 that are noted in the amount of$26,943.00 based on the proposal dated July 6,2009. For the record,staff proceeded ahead with the firm noted because they have the expertise in house to view the type of work that is undertaken. Therefore,staff is able to bring a project that was originally suggested to equal$105,000.00 forward for Board consideration in an amount not to exceed$26,943.00. Trustee Braiman thanked Chief Vavra and Trustee Trilling for their work on this proposal. Moved by Braiman,seconded by Berman,to waive bid and award contract to Pro-Line Door Systems of Wood Dale,Illinois in an amount not to exceed$26,943.00. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. AUTOMATED RED LIGHT PHOTO ENFORCEMENT Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Chief Balinski. If it is the Board's desire to continue on,staff would request formal authorization to waive bids and continue to work with Gatso on developing the business terms of a system,on the assumption that the Village Board is comfortable with Gatso and their technology per the memo that was in the packet dated July 20,2009. President Hartstein emphasized that any action taken tonight will not approve red light enforcement at this time. It is simply to see what type of business agreement can conceivably be arrived at with this particular vendor. Staff would then come back before the Board with a recommendation. Trustee Berman clarified that,by taking action tonight,the Board would in no way be approving the use of red light cameras in Buffalo Grove. The purpose of this is to develop the framework and details for a proposal that staff might bring back to the Board and recommend approval in the future. Once staff has completed the negotiation process,a report will be made to the Board,and if staff recommends moving forward,the vendor,Gatso,will participate in a public meeting in which the specific proposal will be presented and the public will have an opportunity to ask questions and learn about the details of the proposal. Mr.Brimm confirmed that all of Trustee Berman's statements were correct and factual. Mr.Brimm stated that there would be a meeting solely dedicated to this topic ahead of any recommendation to the Village Board. Trustee Berman stated that,since this proposal was initially brought forward to the Traffic Management Committee, he has expressed some significant reservations concerning the rationale,the practicalities,and the ramifications of the various types of proposals and systems,and he asked that staff continue to keep those in mind. Everyone is concerned about information that has come to light this summer,along with the timing and the issues that have arisen in other communities,and it is important to learn from other communities. If the Village does go forward with a program of this type,it is important to do so in the best possible way with the best possible outcome for our community. It is imperative that the Village be in a position to demonstrate to ourselves and to the community that the overall safety rationale holds up to experience and effectively is self-proving based on real data produced in our community. Trustee Braiman agrees with Trustee Berman,and noted that the Board's questions about this entire issue were present even before recent newspaper articles. Trustee Braiman noted that a critical component in whether or not the Village goes through with this is to find out what the business terms are and what the costs are to the Village. It is important to really look at the business terms. Mr. Brimm stated that,at some point in time,staff would have to bring back a resolution to approve a technology and service agreement,an ordinance to implement red light enforcement with penalties and all of the regulations that are required which would need to be codified,and the Village's hearing process would also need to be amended. 12194 07/20/2009 President Hartstein emphasized that the primary motivation of exploring this are the safety benefits. The pre- meeting held at 6:15 P.M.tonight,where this presentation was made,was a noticed and published meeting and the �./ media were present. Trustee Braiman noted that,to those who choose to believe that this is being done strictly for fmancial reasons,this proposal came forward from Chief Balinski and the Police Department because of the safety aspect of it. In answer to a question from Trustee Glover,Mr.Raysa stated that he and staff and the Police Department have talked with Gatso in order to get to the point where we presently are;he confirmed that the vote tonight gives the staff the formal authority to go forward to enter into negotiations on business terms. Trustee Trilling stated that,although we are only gathering information right now,he would like to thank certain residents of the community who have forwarded documents to the Board and made them aware of the different things that are happening in surrounding communities,and he would urge them to continue to forward that information to assist the Board in making those decisions. Trustee Sussman stated that she is concerned with seeing proof and evidence and statistics proving that red light cameras are necessary. Trustee Stone stated that this is an important issue in the community and it will take a lot of investigation on both sides,and she wants to be sure that there is a thorough public vetting process. Moved by Trilling,seconded by Berman,to waive bids and request proposals for the automatic red light photo enforcement services with Gatso as proposed in the July 20,2009 memo. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ADJOURNMENT Moved by Trilling,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 9:10 P.M. Janet141. Sirabian,Village Clerk APPROVED BY ME THIS 3`d DAY OF August ,2009 Village President