Loading...
2009-09-21 - Village Board Regular Meeting - Minutes 12238 09/21/2009 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,SEPTEMBER 21,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:30 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 Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager;Robert Pfeil,Village Planner;Gregory Boysen,Director of Public Works;Brian Sheehan,Village Health Officer;Rick Kuhl,Deputy Director of Public Works;Bob Whalen,Fleet Manager, Fire Chief Vavra; Deputy Fire Chief Ciecko;Deputy Chief Pearson;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Braiman,to approve the minutes of the September 8,2009 Rescheduled Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. Moved by Glover,seconded by Stone,to amend the minutes of the May 18,2009 Regular Meeting as follows: Trustee Stone: At this time I am bringing a motion to amend the previously adopted minutes of: May 18 2009,under the heading or topic of Comcast Communications Cable Television Franchise,as a material omission was noted,specifically I am moving that the minutes of May 18,2009 reflect the following omitted statements: 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. 12239 09/21/2009 J 1 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. Upon roll call,Trustees voted as follows on the amended May 18,2009 minutes: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. WARRANT#1129 Mr.Tenerelli read Warrant#1129. Moved by Glover,seconded by Braiman,to approve Warrant#1129 in the amount of$2,482,138.23,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 reported that the Village of Buffalo Grove partnered with Baskin Robbins for a fundraiser for the American Diabetes Association,and he thanked Dhru Bhatt for this commitment to the community. On September 12,2009,elected officials served ice cream and a portion of the proceeds were donated to the American Diabetes Association. Also,there will be a fundraising walk to fight diabetes on October 4,2009. It will be a walk that will originate at Didier Farms,and he encouraged all residents in the community to participate in this fun and worthwhile event. President Hartstein reported on a special ceremony to honor veterans at Belmont Village. There are 30 veterans residing at Belmont Village. Each of the veterans had a professional portrait taken holding a memento of their experience during World War II. These portraits are displayed on a wall at Belmont Village. A special ceremony was held to recognize these veterans. It was truly inspirational and he encouraged residents to stop by Belmont Village and view this amazing tribute. President Hartstein thanked Belmont Village for this wonderful tribute to our veterans. President Hartstein appointed Steve Bulmash and Fran Sachs to the Arts Commission. Moved by Braiman, seconded by Trilling,to concur with President Hartstein's appointments. Upon roll call,the motion was unanimously declared carried. President Hartstein read from a Proclamation declaring the month of October as Domestic Violence Awareness Month in Buffalo Grove,and encouraged our residents to join forces with victim service programs,criminal justice officials and concerned citizens across the country to raise the public awareness of domestic violence issues. President Hartstein read from a Proclamation declaring Saturday,October 31,2009 from 2:00 P.M.to 7:00 P.M.as Trick or Treat Day in Buffalo Grove,and urged that,whenever possible,parents insure that they or other responsible adults accompany children,and encouraged all householders to cooperate in making this a happy occasion for all youngsters. President Hartstein reported that there is a bill called the Transportation Authorization Act,which is set to expire on September 30,2009. If there is not an extension of this bill,Illinois stands to lose$289.9M in federal transportation funds. Mayors throughout the state have written letters to our congressional delegation,and President Hartstein encouraged residents to express their concerns to our legislators urging the support of an 18-month extension of this bill so that Illinois does not lose these funds. 12240 09/21/2009 TRUSTEE REPORTS Trustee Stone reported that there will be a Community Drug Forum on October 7,2009 at Buffalo Grove High School addressing the issue of heroin. This forum is coordinated by the Buffalo Grove Police Department and Buffalo Grove and Stevenson High Schools,and she thanked them all for their efforts in presenting this program. WTTW is also doing a two-part series on the heroin epidemic. The Village Clerk reminded residents that this is Live United Week sponsored by the United Way,and urged residents to look at ways they can volunteer in the community. Also,as part of this week,there is a food drive to benefit our local food pantries,and she asked residents to drop off non-perishable food items at either Village Hall or the Hamilton Partners buildings at 750, 1110,and 1130 Lake Cook Road. VILLAGE MANAGER'S REPORT Mr.Brimm noted the submittal and posting to the website and the e-library of the Monthly Management Report for August,2009;there were no questions on the report. Mr.Brimm presented a status report on the Draft Code of Ethical Behavior and Conduct/Draft Amendment to Municipal Code—Ethics Commission,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. The intent tonight is to get on the record that the review and research and drafting is complete. Mr.Brimm will meet with counsel and hopes to bring something to the Board on October 19,2009 to start deliberations and discussions. QUESTIONS FROM THE AUDIENCE Andy Stein,Chevy Chase Drive,related that he recently had a party where he asked for donations of non-perishable food items rather than gifts,and he urged residents and organizations to consider hosting a Food Drive of their own. There are merchants willing to assist in this by offering coupons to those who donate. Also Mr. Stein announced to the Village that the Boy Scout popcorn sales started this weekend,and he urged residents to buy popcorn from the Scouts because this is their major fundraiser and helps to provide the many worthwhile programs sponsored by the Boy Scouts of America. Craig Horwitz,resident,stated that he watched the debate about the OTB issue with great interest,and he is curious as to when and how the Village is going to report on the revenue generated by the OTB,and he is interested to see whether the revenue predictions are correct. Mr.Brimm reported that there will not be separate reporting for the OTB revenue. The first check for a partial month was received this past week and totaled just over$2,900.00. The operator is required to pay on a monthly basis. This will be a separate line item on the revenue reports and also a separate line item in the Village Budget. 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 Berman,seconded by Braiman,to approve the Consent Agenda. OLD TREATMENT PLANT LIFT STATION Motion to accept Warranty Deed for additional property related to the Old Treatment Plant Lift Station Improvements. 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. 12241 09/21/2009 `./ ORDINANCE#2009-64—457 RAPHAEL Moved by Sussman,seconded by Glover,to pass Ordinance#2009-64,approving a Special Use to operate a Child Day Care Home at 457 Raphael Avenue. Mr.and Mrs.Lewis stated they just want approval to go on with the day care. Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustee Sussman noted that,during some visits from the Village to the petitioner's last day care location,there were more children on the premises than approved,and she wants to be sure that does not happen again. Mr.Lewis assured the Board that eight would be their limit,as he is now fully aware of the Village regulations. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-65-VIDEO GAMING President Hartstein presented a brief background on the proposed ordinance. Under the State Statute known as the Video Gaming Act,the installation of a video game machine is allowed in an establishment if they are licensed to sell liquor in the Village of Buffalo Grove,with a few other restrictions,and subject to rules by the Illinois Gaming Board. It appears that it will be some time before further information from the Gaming Board is received,so the proposed ordinance clarifies this issue for residents and businesses. Moved by Glover,seconded by Braiman,to pass Ordinance#2009-65,prohibiting Video Gaming in the Village of Buffalo Grove. Trustee Berman stated that it is possible that the Illinois Gaming Board could take as long as 12-18 months more before they are even prepared to issue rules for approval. The Village Board wanted to be sure that no establishments installed any machines unless and until they were specifically approved by the Village. Several other communities followed the lead of Buffalo Grove and specifically modeled their ordinances after that of Buffalo Grove. Mr.Raysa stated that the draft that was included in the Village Board packets was dated 9/16/2009 in the upper left- hand corner. There is a re-draft dated 9/21/2009 is on the dais tonight,with the change suggested by Mr.Raysa that the proposed ordinance would supercede Ordinance#2009-52. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. RECALL OF ELECTED OFFICIALS Moved by Berman,seconded by Trilling,to pass Ordinance#2009-66,adding Chapter 2.70,Recall of Elected Officials,to the Village of Buffalo Grove Municipal Code. Trustee Berman presented a brief background and history of a recall ordinance. Voter confidence has been shaken by the course of recent events at all levels of our government. Residents have frequently asked about the concept of recall,and indicate that they want a direct recall available to the community's voters. Elected officials need to be accountable for serious misconduct.The proposed ordinance sets high standards for initiating and completing a 12242 09/21/2009 `./ recall. The proposal would require a petition containing signatures of at least 25%of the ballots cast in the last municipal election. The ultimate goal is nothing more than to provide a process by which people are empowered to take action. It is hoped that the mere potential for recall will have a positive impact on the conduct of the people elected to this Board and will never be invoked,and will give elected officials the incentive to properly represent the community. Mr.Raysa noted that the State has not enacted an ordinance that allows non-Home Rule municipalities to provide for a recall ordinance. A Home Rule community does have the authority to enact a valid recall ordinance pursuant to a First District Appellate Court opinion in 1981. Mr.Raysa stated that the proposed draft is dated 9/20/2009 in the upper left-hand corner,and this draft is missing Exhibit A and Exhibit B. Trustee Stone stated that she has also heard the same concerns in the community as have Trustees Berman and Trilling. Trustee Stone noted that she would like to have co-authored the proposed ordinance because she believes that,with proper safeguards and specific criteria,this could be a good ordinance. Unfortunately this was placed on the agenda on Thursday without prior notice to her. Also,the Jewish holidays began Friday evening and did not end until Sunday evening,so this did not provide much time to review the proposed ordinance,research issues,or look to other municipalities who may have implemented similar ordinances. One of the issues that concerns her is the number of signatures required to place a recall on the ballot. Also,in Arlington Heights,a pamphlet is to be issued to voters explaining the issues and a response statement from the officer whose recall is sought;she does not believe the proposed ordinance informs the citizens of what and why it is happening. Also,several communities do not allow a recall within the first year of an elected official's term. Trustee Stone believes that there should be a written opinion from the Village Attorney as to the constitutionality of the proposed ordinance. Another concern would be how the seat were to be filled if the recall is successful. Also,she does not believe that a person who is recalled should be banned from running for office for four years. There should be good cause for the recall. There should also be an assessment from staff as to what cost this would bring to the Village. Alienating the voters is another serious concern to her. Each Board member ran for office and was elected at a time when the proposed ordinance did not exist and was not proposed. With the proper criteria and cost analysis,Trustee Stone would support this type of ordinance for all future elected officials,so that each person who chose to be a candidate would know and understand that their office could be subject to a recall under the proposed ordinance. Trustee Berman reviewed the bases for the criteria that he included in the proposed ordinance. Each community has different criteria. The 25%standard for the number of signatures seemed to be a fair compromise without making the proposal too easy or too hard. In terms of tying it to the voter registration lists,he would question why the proposal would be tied to the people who did not vote. With regard to a special election,State law has abolished special elections,and initiatives must be brought forward at regularly scheduled elections. Regarding filling a vacant Trustee seat,the Village Board would appoint someone to fill a vacancy until the next regularly scheduled municipal election, Trustee Berman noted that there are pitfalls to this legislation,and it is up to the Village Board to decide whether the opportunity to provide the voters with the right to act on their initiative outweighs the detriment and potential problems that it will cause. Some communities have time provisions,and others do not. Ultimately,if every elected official is acting in the best interest of the community in the best way possible,it will be very difficult to obtain 1,200 or more signatures on a petition and to convince the voters to vote more than 50%in favor of recall. If elected officials are doing their jobs,there is nothing to fear. Trustee Braiman has some concerns similar to those of Trustee Stone;he believes the discussion will enable the Board to create the best possible ordinance;he understands the request for more time to review the document;he also has concerns with the number of signatures on the petitions;since the number of registered voters changes daily,he believes that tying the number of signatures to the number of ballots cast is the better way to go. Trustee Braiman believes that,if an elected official warrants recall,it shouldn't matter whether it is in the first three or six or twelve months of the term. Trustee Sussman stated that she is in favor of a recall ordinance,but she is not in favor of voting on it tonight;she thinks there will be more information available,and if the Village is going to have this document,it should be the best possible document that can be created;she believes we owe it to ourselves and the voters and the residents to be able to look at it very carefully and make sure the final copy is the way the Board ultimately wants it to read. Trustee Sussman does not believe that current elected officials should be grandfathered into the document;if any elected official is doing something that the residents are against,they should be accountable. 12243 09/21/2009 Trustee Stone agrees that newly elected officials should not be concerned about grandfathering,as long as the issues being discussed are addressed;she is okay with not being grandfathered in,although when you do run for election and spend a lot of time and energy for that position and a circumstance comes about where there are strong differences of opinion,she believes there should be some criteria,and should be something that an ethics panel should decide;it was shocking to receive this document late Thursday afternoon right before the high Jewish holidays;she was shocked that the entire Board did not have a chance to be involved in it;the Board was not asked for any input and she found that insulting and that bothered her;she does not believe that was fair. She does believe that someone who is doing a good job has nothing to worry about and she is very confident with her supporters; people in the community are very,very glad to have her independent voice;she does speak the truth. Trustee Stone said that perhaps there should be an Executive Session to talk about what can be done with this ordinance and discuss the different ideas that each Board member has to bring to the table. Trustee Stone stated that she believes that,when one represents government,it is not always calm and status quo;she knows that things were much calmer before she was elected;she looks into things and tries to do the best job that she can;she is extremely thorough; even though it might upset others,she is just trying to do the best job that she can and address issues that seem apparent and clear and she is just searching for truth and that the Board is doing the best that it can as a government. President Hartstein noted that he was not surprised that this was proposed although he is distraught that it has gotten to the need for this;he knew it was proposed because all Board members have received inquiries regarding tools with which this can be done. The reason this is on the agenda tonight is to have the opportunity to discuss the specifics and put forth the best ordinance possible. If the Board as a group decides that further study is needed,then more research can be done. President Hartstein stated that he is heartened tonight that there appears to be unanimity on this Board regarding the fact that the Board should be accountable to the residents of Buffalo Grove.. Trustee Berman noted that the Board cannot go into Executive Session to discuss and debate matters of ordinances, as that is what Village Board meetings are for;the reason that the Board did not discuss this beforehand is the same reason that Trustee Stone has criticized the Board for collaborating behind the scenes. It was not raised under Trustee Reports because the chair has ruled that would be inappropriate;in order to facilitate discussion and give people an opportunity to review not just the concept,but an actual document and in order to have a meaningful discussion about an ordinance,there needs to be an ordinance for discussion;there are not individual or group negotiating and drafting sessions outside the Village Board meeting. President Hartstein stated that the process is that,in order for the Board to discuss something at the Board level,it must be put on the agenda;the reason for that is so that the public may be apprised of what topics are up for discussion. Trustee Glover stated that an item being on the agenda should not be a problem;the Board can then discuss the issue and come to a conclusion;she agrees with Trustees Braiman and Sussman regarding the concerns;she believes the recall ordinance is a good thing for the Village;the recall should be the will of the people,not the will of the Board or an ethics commission;the recall puts the onus on the voters to state their positions. Trustee Braiman noted that the Board does not get ordinances before the packets are received on Thursdays;he does not believe an ethics panel should determine cause for a recall;he believes a recall should be left up to the voters. With regard to the number of signatures required on a petition,he would suggest modifying the number to 33%of ballots cast in the last election or not less than 1,000 signatures;he would suggest that this be tabled until the next meeting. In answer to a question from Trustee Stone,Trustee Berman stated that the proposed ordinance mirrors the State Statute,which says that,when a petition is filed,it is deemed to be presumed valid unless there are specific �./ challenges made to the signatures or the form of the petition. Only if there are objections properly filed to the petition would the local electoral board have any role in determining anything having to do with the petition. State Statute says that,if there are challenges to the petition,the local electoral board makes the initial review of those objections,and either affirms or rejects the objections. At that point,the party has recourse to the civil courts if they do not agree with the decision of the local electoral board. Trustee Stone stated that she does understand the duties of the electoral board,but she would like to suggest that those determining the validity of the petition be someone other than an elected official;she also understands that the Board can not have meetings outside of public eye,however,she thought this was something that could be discussed 12244 09/21/2009 `./ in Executive Session;she thought that a heavy ordinance such as this would be something that would include a polling from the Village Manager's office,and there would be a request for input such as is being done with the proposed ethics ordinance. President Hartstein noted that he has dissuaded the Village Manager from doing pollings because he believes that there should be discussion at the Board level in the public eye so that everyone can witness the discussion. Trustee Berman stated that he is in agreement with Trustee Braiman's suggestion of 33%along with a minimum number of signatures;this is not a small hurdle to overcome;it is his intention that this should be a tough thing to do;it should be one that is based on a collective will of the voters in the community. Trustee Berman clarified that there are already provisions in the State Statutes to remove an elected official for misconduct,which is why the proposed ordinance is separate and distinct from the State Statute that addresses misconduct in office. Trustee Trilling thanked Trustee Berman for his authorship of the document;both he and Trustee Berman shared issues with regard to issues surrounding the Board;he received the final copy at the same time everyone else received it;it should not be shocking to get an ordinance on Thursday because that is when the packets are always received;he noted that every ordinance passed by the Board is important to the Village residents;every ordinance passed affects the Village in some way,and he reviews them and makes comments in order to make an intelligent decision that is fair to all residents;discussion at an open meeting is exactly the time that the ordinance should be discussed and not in e-mails or behind closed doors or in Executive Session. Trustee Trilling again thanked Trustee Berman for preparing the ordinance;there have been many good suggestions tonight;he believes the ordinance as drafted is good enough to warrant passage,however,he is willing to consider the changes proposed tonight.An ethics panel should not decide whether or not recall is in order. Trustee Trilling noted that he was appointed to the Board initially,and has continued to prevail in two subsequent elections. Previously,he served nine years on various commissions within the Village as a volunteer with the goal of making Buffalo Grove a better place for everyone. During this apprenticeship,he learned how to conduct business in a productive and respectful manner despite having differences of opinion. This is no longer the case,and many residents are asking what has happened to the Village Board and how we can return to a Board that displays respect and civility. Our residents are deeply concerned that recent events are preventing the Board from being able to function. Board meetings and relationships have changed from an intelligent,respectful and thoughtful exchange of ideas to a reality TV show where media sensationalism and self-promotion have been the only suspected gain. The highlights of disrespect and personal attacks levied against current and former elected officials,Village staff and persons doing business with the Village has greatly interfered with the ability of the Village Board to perform the duties for which all were elected. It is because of the need for Village leadership to be able to function with civility for the benefit of the citizens of Buffalo Grove that he is supporting the recall ordinance.Buffalo Grove has received many awards. These national recognition and achievements would not be possible without the hard work and dedication of many people led by the Village Board in cooperation with the volunteer commissions,Village employees,and most importantly,the residents of Buffalo Grove. Trustee Trilling's greatest fear today is that the only award for which the Village may now qualify is a Nielsen award for most viewers of a reality TV show in government;he would prefer the Board viewership to be focused on issues that directly affect the Village instead of individual personalities or conflicts. The residents of Buffalo Grove should and will have the final say on who has the privilege to serve them. Trustee Stone noted that the proposed ordinance wasn't on preliminary agenda,and although all ordinances are important,some ordinances are of a greater interest to the people,and that is why she believes there was no opportunity for input. President Hartstein stated that the preliminary agenda is just preliminary and items may be placed on the agenda as late as Thursday. Trustee Braiman stated that this will not be voted on tonight so he would like to move past that issue;the local election board is constituted by statute and is also the electoral board for any questions involving local elections. It is important that the discussion taking place will eventually make the legislation better. Trustee Stone is happy to see that it is not being voted on tonight;she did not know that this was just up for discussion tonight. 12245 09/21/2009 Trustee Glover suggested that it is now time to allow the residents in the audience to speak. President Hartstein noted that this discussion is not about individuals,but is about an ordinance,and he urged everyone to keep their comments to the subject of a proposed ordinance and what should or should not be included. Chuck Pozniak,555 Estate Drive,noted that people make mistakes,and he thanked the Board for giving residents the opportunity to potentially correct their mistakes;he would suggest that there not be a time frame or limit on the front end of the term;he does not believe that an ethics panel should make a decision;he believes that it should be left up to those who signed the petition and voted;the Board is elected by actual voters,not just the registered voters,so that is how he would like to see the ordinance read;he suggested that the petitions contain signatures equal to a percentage of votes that person received in the election. President Hartstein stated that it is an objective standard by which the electoral board is governed,so it is not a subjective determination, Trustee Braiman noted that he believe Mr.Poznik's suggestion is an interesting concept,however,if there is an uncontested election,the number of voters would be very low. Susan Glazer,302 Chateau Drive,thinks the idea of the recall is a great idea;she does have a concern as to number of signatures required on a petition because the number of voters changes with the type of election. The Village Clerk clarified that the signature requirements are based upon municipal elections only,and not national elections. Trustee Trilling stated that the national and municipal elections are never held at the same time. President Hartstein stated that Trustee Braiman's suggestion to deal with low voter turnout by incorporating a minimum number of signatures is a good idea. Trustee Braiman suggested that that the number of signatures required be based on an average of the ballots cast in the previous two municipal elections so as to ensure fairness. Jeff Schwartz,resident,believes that the suggested signature requirement is too low;he believes the 90 day period is too long and will encourage too much campaigning. Trustee Braiman reviewed the mechanics of placing a question on the ballot. Janet Rotman, 15 Thompson Court,believes this is a great idea,and noted that if all elected officials believe that they are doing a good job,there is nothing to be afraid of,and she hopes that this passes. Craig Horwitz,883 Stone Bridge,asked if the gaming ordinance was voted on without audience comment. Mr. Horwitz questioned why the Village allows gambling at Adam's Roadhouse,but is going to prohibit video gaming machines in other Village establishments. President Hartstein reviewed the provisions by the state,noting that every community was given the opportunity to opt out of allowing video gaming devices completely. If the Board did not pass the ordinance regarding video gaming tonight,gaming devices would be allowed in virtually every establishment in Buffalo Grove that has a liquor license. Mr.Horwitz stated that he believes the recall ordinance is a good idea;he believes the voters should be allowed to recall;he believes the voters should also be given the opportunity to elect someone to fill the vacancy. President Hartstein asked Mr.Raysa to advise whether or not the Board has the authority to provide for a different mechanism for replacing someone who was removed by recall. Adam Moodhe, 151 Mary Lu Lane,stated that recall has not been used very often at the state level;there are 29 states with about 60%of municipalities that have a recall provision;a recent Chicago Tribune survey indicates that 77%want to see state and local officials subject to recall. Andrew Stein, 17 Chevy Chase Drive,recommended differentiating between votes cast and ballots cast. 12246 09/21/2009 David Wells, 568 Thornwood Drive,stated that he would like to point out that,prior to the most recent election, there were only approximately 1,000 votes cast. With respect to requiring cause to remove an official,there are already laws on the books. Ethics violations would be very difficult to prove. The voters of Buffalo Grove should have the right to let an official go without cause,and he would not want to see any complicated wording with respect to ethics. Rob Sherman,resident,opposed the proposed ordinance,but he sees that the trend is that there will be an ordinance, so he expressed several concerns that he has regarding the current wording. The wording should be clarified so that is denotes ballots cast rather than votes cast. If the petitions filed are determined to be invalid,no further recall petitions may be filed against that official for nine months,therefore,someone could intentionally file a petition that is invalid and thereby sabotage the recall effort,so he suggested a change in wording there. With regard to the issue of prohibiting someone from running for office for another four years,Mr.Sherman is concerned about having a situation where someone can have his civil rights cancelled by a simple majority vote. Another concern is that this recall can be used for political retaliation. There is also diversity in the community and he is concerned that there could be used to discriminate against someone for where they live,religion or any other type of discrimination. Mr. Sherman also proposed putting a question on the ballot with regard to term limits. An election should not be allowed to be undone because someone is unpopular or of a minority group or different from the rest of a constituency,and that is his concern,and he believes that the recall is not a good thing and the elections every four years are the way to deal with officials that are not performing. Lee Mishkin,790 Checker Drive,is upset that his vote for any one of the elected officials could be overturned by four or five current Board members. Instead of worrying about recall,the public should deal with recall. The Board should spend its time doing something more profitable like helping to secure jobs for people in the Village who don't have jobs. Barnett Fagel,224 Stanton Court West,stated that the nature of recall is about elected individuals,and he wants to read a statement as written as an element of free speech even though it contains the names of individuals. President Hartstein stated that the discussion at this point is strictly on the ordinance,but stated that he will not tolerate impugning any individuals. Mr.Fagel stated that his oratory is specific and to the point,noting that he has been sending e-mails to the Board regarding red light cameras,and stated that Trustee Berman sent him a disturbing e-mail making written personal disparaging and unkind remarks to him. President Hartstein asked that Mr.Fagel connect his remarks to the issue at hand. Mr.Fagel stated that he believes the recall vote should be tabled until the two Attorneys General opinions have been rendered. Moved by Sussman,seconded by Braiman to defer action on the proposed ordinance until the next meeting. Trustee Stone wants more time than two weeks for investigation. Trustee Stone does not understand the urgency, and Yom Kippur is coming up next week. Leon Gopon,737 Bernard Drive,stated that religion has been brought into this discussion several times;and he does not believe it is appropriate,and the Constitution states that it is not appropriate. Mr.Gopon suggested that if an elected official cannot do the job,they should not blame it on religion,but blame it on something else. Religion has no place in this discussion. ` J Trustee Stone that she just wants to point out that it is the two weeks of the holiest holiday in the Jewish religion and i./ that she would have the same deference for any religion. Trustee Trilling stated that many Board members share the same religious observations. The holiday is over on Monday,which gives everyone a full week to digest and investigate the proposal,and everyone should be prepared to vote at the next meeting. There are several issues to be decided tonight to have an idea of what the final ordinance will resemble. President Hartstein stated that the Board will decide what,if any,action should be taken at the next meeting. Li 12247 09/21/2009 Trustee Braiman called the question. Upon roll call,Trustees voted as follows on the motion to defer: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. President Hartstein stated that this item will be on the agenda for our next meeting,and he thanked everyone who attended tonight to share their thoughts;he also thanked the Board for a healthy and positive discussion. President Hartstein polled the Board: YES indicates favor of a minimum signature requirement of 1,000 signatures; NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Stone,Sussman NO: None President Hartstein polled the Board: YES indicates favor of requiring signatures equaling 33%of the ballots cast in the previous two municipal elections;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Sussman NO: Stone Trustee Stone proposed looking at other ordinances that are using no less than 10%of registered voters. President Hartstein polled the Board: YES indicates favor of requiring signatures no less than 10%of the registered voters in the community;NO indicates opposition: YES: Stone NO: Braiman,Glover,Berman,Trilling,Sussman President Hartstein polled the Board: YES indicates favor of prohibiting the filing of a recall petition within the last six months of an official's term;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Sussman NO: Stone President Hartstein polled the Board as to whether or not a petition filing should be prohibited within the first six months,one year,or none at all: None: Braiman, Six Months: Glover,Berman,Trilling,Sussman One Year: Stone President Hartstein polled the Board: YES indicates that a recalled official may not run for elected office for four years,provided that Mr.Raysa indicates that it would be legal;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Sussman NO: Stone President Hartstein polled the Board: YES indicates removing 60.F.from the proposed ordinance;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Stone,Sussman NO: None 12248 09/21/2009 In answer to a question from Trustee Stone,President Hartstein stated that the Village cannot use public funds for promoting a position one way or the other. Lengthy discussion took place as to whether or not a pamphlet should be required to be distributed to all residents setting forth the date and time that the recall is taking place,the reason for recall,and the response statement by the officer whose recall is sought. Mr.Raysa confirmed that public funds cannot be used for supporting or opposing any particular position,and the act is called the Election Interference Prohibition Act. Public funds may be used only to set forth facts. It was suggested that the Village advise residents of the election itself,without advocating for either side. President Hartstein polled the Board as to whether there should be publication of notice of election stating facts only,with or without a pamphlet: WITH: None WITHOUT: Braiman,Glover,Berman,Trilling,Stone,Sussman Mike Terson,5 E.Beechwood Court,suggested that,with regard to possible vindictive behavior,the provision be made that an elected official serving a four-year term could only be subject to being recalled once during that term. Further discussion ensued with regard to Mr.Terson's suggestion. Trustee Braiman suggested a minimum of 1,500 signatures and 50%of the ballots cast in an average of the previous two elections for a second recall petition;there was no opposition to this suggestion. Trustee Stone is concerned with the swiftness and expediency with which this is being done;she does not believe there is enough time to consider the proposal;she has full confidence in her constituency;she is bothered that this type of thing can occur;she is all for a recall vote;she believes in transparency;she believes the residents in the audience had an agenda;she is quite confident that she does a good job and the residents know that she is a good representative;she does not like to see government doing things such as those being done now;she believes it is inappropriate. Trustee Braiman noted that this is being continued for two weeks;staff has to be given direction as to what the Board wants to see;it will come back in two weeks at which time the Board can either vote for it or against it or defer it again. Trustee Braiman questioned the reason that Trustee Stone wants to rush certain issues through without any research,but on other issues,she wants to have several meetings to discuss. Trustee Glover stated that she believes Trustee Stone disenfranchise the people in the audience tonight by accusing them of having an agenda,and she believes that is wrong. When the room was filled with people against the OTB, Trustee Stone did not accuse them of having an agenda. Trustee Stone stated that certain issues are dragged along,and others are very quickly brought to a vote. Trustee Stone stated that she commented that the audience had an agenda because there are very defamatory blogs on the internet with regard to her and her family,and she knows who they are,and she does believe that there is an agenda. Trustee Stone stated that she is about telling the people the truth and being up front and apparently that is not the style of usual government;she tells the truth and some terrible things have happened. Trustee Trilling stated that he does not read blogs;half of the people in the audience were people from Village commissions and they have given service to this Village in some fashion;he did not know anyone present with an agenda other than that they are concerned about our Village and exactly the issues that he was talking about when he spoke earlier;that is why they were here and that is why he is here. President Hartstein declared a recess from 11:36 P.M.until 11:43 P.M. 12249 09/21/2009 RESOLUTION#2009-36-LITIGATION SETTLEMENT Moved by Berman,seconded by Glover,to pass Resolution#2009-36,acceptance of Litigation Settlement,#240891 in the lower left-hand corner. Mr.Raysa stated that the resolution will have a hold harmless provision in it,and if it is not currently in the proposed resolution,it will be. Trustees Berman and Glover accepted the proposed wording by the Village Attorney. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. OLD BUSINESS Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda item Overview prepared by Mr.Kuhl. Trustee Braiman thanked staff for looking at pre-owned equipment. Mr.Brimm confirmed that this will have no budget impact;all funds have been provided in prior calendar years. Moved by Braiman,seconded by Glover,to award bid for Vehicle Replacement—Public Works Water Section, Unit#421 to Northwest Truck,Inc.of Palatine in an amount not to exceed$145,591.00. In answer to a question from Trustee Trilling,Mr.Brimm stated that he believes the reserves for this vehicle are in excess of the amount of the bid. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. BANNER PLUMBING SUPPLY Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Glover,seconded by Berman,to refer Banner Plumbing Supply Company Special Use for Outside Storage in the Industrial District, 1020 Lake Cook Road to the Plan Commission for review. President Hartstein stated that he is concerned about the screening,particularly since this is the front door to the community. Trustee Glover agrees with President Hartstein and questioned exactly what will be stored there. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. Li 12250 09/21/2009 FIRE ENGINE&TRUCK Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Chief Vavra. The request is not to purchase,but authorization to waive formal bidding requirements to negotiate. Chief Vavra further explained the proposal. Trustee Braiman stated that he does have a problem with the bid waiver on a purchase of this magnitude;he understands the reasoning;he is willing to allow the Chief to negotiate;this is not for approval tonight;when it does come back before the Board,he wants to see background and comparisons,and he wants reason to accept the negotiated amount. Moved by Braiman,seconded by Berman,to allow staff to negotiate for the two vehicles referenced in the memo with Ferrara Fire Apparatus,Inc.and to bring back a proposal to the Board. Chief Vavra answered a question from Trustee Glover with regard to what type of commitment must be made in order to negotiate. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0-None Motion declared carried. EXECUTIVE SESSION President Hartstein stated that,in light of the action on Resolution#2009-36,there is no need for an Executive Session this evening. ADJOURNMENT Moved by Berman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 12:05 A.M. Ja .Sirabian,Village Clerk APPROVED BY ME THIS 5th DAY OF October ,2009 Village President