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2009-11-02 - Village Board Regular Meeting - Minutes 12276 11/02/2009 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,NOVEMBER 2,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,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;Art Malinowski,Human Resources Director;Robert Pfeil, Village Planner;Gregory Boysen,Director of Public Works;Rick Kuhl,Deputy Director of Public Works;Police Chief Balinski;Deputy Police Chief Wagner;Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Berman,to approve the minutes of the October 19,2009 Regular Meeting.Upon roll call vote,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Trilling,Sussman NAYS: 0—None ABSTAIN: 1 -Stone Motion declared carried. WARRANT#1132 Mr.Tenerelli read Warrant#1132. Moved by Braiman,seconded by Glover,to approve Warrant#1132 in the amount of$1,844,265.34,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 Lake County residents have recently received their Property Tax Assessment notices. The Chief County Assessor will have staff available at several locations in the next few weeks for people who are interested in reviewing their assessments. Cook County residents are receiving their tax bills right now,and President Hartstein urged those residents to be sure that they have received their homeowners and senior exemptions if they are entitled to them. President Hartstein announced that on Veteran's Day,November 11,2009,the community will have an opportunity to honor our veterans at a tremendous event sponsored by our Park District. It is heartwarming to greet and thank our veterans,and he urged everyone available to participate in this ceremony at 1:30 P.M.at Buffalo Grove High School. The Indian Trails Public Library will also have a special ceremony to dedicate the Wall of Honor to honor our veterans at their facility at 10:30 A.M. President Hartstein announced that the annual Interfaith Thanksgiving Service sponsored by our Interfaith Council will be held at Congregation Beth Am on Sunday,November 22,2009 at 7:00 P.M. This is a tremendous opportunity for our community to come together in thanksgiving,and he urged everyone to attend. 12277 11/02/2009 President Hartstein noted a communication that he received from a resident on the subject of Recall. The recommendation was to consider giving the members of the community an opportunity to voice their opinions as to whether or not they want the Village to have this tool on the books. The proposed recall law would not be able to be effectuated until the November,2010 election.President Hartstein believes there might be a lot of merit to the concept,and he urged Board members to give thought to the possibility of putting a referendum on the ballot at the February 2,2010 election. TRUSTEE REPORTS Trustee Stone noted that the Buffalo Grove Symphonic Band Concert will take place on November 8,2009 at 7:00 P.M.at Buffalo Grove High School. The new Buffalo Grove Jaz7 Band will make its debut performance at this concert. The Commission for Residents With Disabilities has coordinated an excellent program called Unique Expressions,a showcase of artists with special needs. Local disabled artists and crafters will have their work on display. All residents are urged to attend. VILLAGE MANAGER'S REPORT Mr.Kuhl first announced that Buffalo Grove has again been designated excellent in its continued practices and sound environment and stewardship in salt storage by the Salt Institute. This is the 21st consecutive year that the Village has received the Excellence in Storage Award,and Mr.Kuhl thanked the Board for their continued support of the program. Mr.Kuhl then presented the 2009-2010 Winter Driving Season Snow&Ice Control Program for the upcoming winter season,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared,as well the Snow and Ice Control Program Book prepared by the Public Works Department. Mr.Kuhl confirmed to Trustee Braiman that there are few changes from previous years. Mr.Brimm thanked the Public Works Department for their hard work,and also noted that the Village is in good shape this year for guaranteed salt delivery. rnd President Hartstein noted that the Village does have a Volunteer Program set up asking for volunteers willing to help with raking leaves or snow removal for those in the community needing assistance with these tasks,and asked anyone interested to contact Village Hall. Mr.Anderson made a presentation with regard to the Truth in Taxation Act—2009 Levy Determination Notice, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mr.Anderson confirmed to Trustee Berman that this is a gross number,and not the net number. There will still be abatements,and this number does not reflect the actual changes in the tax bills. In answer to a question from Trustee Braiman,President Hartstein presented an update on legislation with regard to pensions,which represent a significant portion of the Village tax bill,and also confirmed that the Village has no control over this portion of the tax bill. President Hartstein again commended Mr.Anderson and Mr.Brimm for presenting a bare-bones budget and holding the line on Village expenditures. Mr.Brimm stated that the total change in the levy will be proposed to be just under$450,000,and of that change, $765,000 is related to pensions. President Hartstein emphasized again that the Village is holding the line on spending,but does not have any control over mandates from Springfield. Trustee Trilling noted that the Village owes a huge debt of gratitude to the Buffalo Grove Fire and Police Pension Boards because of the outstanding job that they have done with return on investment. Chief Vavra and FF/PM Rusin provided an overview of the PINK HEALS effort of the Village,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by FF/PM Rusin. 12278 11/02/2009 FF/PM Rusin noted that the proceeds for this program will be donated to Wellness Place. Lee Ann from the Wellness Place presented an overview of their facility and the programs and support groups that they provide to over 70 communities. For anyone in need of their services,the phone number is 847-221-2400 and their website is wellnessplace.org,and she emphasized that there is no cost for any of their services. Lee Ann thanked FF/PM Rusin,the Buffalo Grove Fire Department and the Pink Heals program for their support. Chief Vavra stated that the program will go on next year,and will be even bigger. President Hartstein appealed to everyone in the community to think pink because this disease affects every one of our residents;he would like to see every resident with a pink t-shirt,and he urged everyone to contact Village Hall to obtain one;the information will also be posted on the Village web page. FF/PM Rusin presented a check to Wellness Place for$2,100,and he thanked everyone who helped in this effort. SPECIAL OLYMPICS Chief Balinski noted that the Buffalo Grove Fire and Police Departments participate in extremely worthwhile fundraising events. Chief Balinski thanked the Board for allowing the Department to continue their fundraising for a very special cause, Special Olympics;he presented a brief background on the Special Olympics program. The Chief recognized the people in the Department that do work for the Department,Commander Newton,Sergeant Kristiansen,and Mary Beth Martin. Special Olympics CEO and President Doug Snyder presented a brief background on the Special Olympics program. The efforts by the Buffalo Grove Police and Fire Departments witnessed here tonight are a tremendous tribute to the community and to the Village Board and the staff,and he thanked everyone on behalf of all the athletes for the support. Chief Balinski then presented a check to Mr.Snyder for$33,366 for Special Olympics. President Hartstein thanked Mr.Synder for being here tonight,and noted that the community of Buffalo Grove is second to none in giving back to those in need. FARMER'S MARKET Paulette Greenberg and Penny Novy presented a proposal to have a Farmer's Market in Buffalo Grove in 2010, details of which are contained in the Village Board meeting Agenda Item Overview prepared by Susan Levy. Trustee Trilling reviewed the background of discussions that were held a year ago;he believes that with the proper staff oversight and support of the community,this will be a benefit to everyone. Trustee Sussman thinks it is wonderful,and she would offer her full support for the project. Trustee Glover stated that if anyone can make this work,Mrs.Greenberg and Mrs.Novy can;she likes the idea of the change in location;she believes Sunday morning is a good time,and the project has her full support. In answer to a question from Trustee Braiman,Mr.Brimm stated that the next step would be for staff to work with Mrs.Greenberg and Mrs.Novy to promote the project and recruit volunteers;staff is fully prepared to move ahead. Trustee Berman stated that he believes it is terrific to have the full support of the Park District,and noted that this is an example of intergovernmental cooperation where two separate governmental bodies can get together and make something positive happen by working together;he is in full support of the proposal and looks forward to seeing it come to fruition. Rob Sherman suggested that the proceeds be shared with the Park District;he asked why the parking lot could not be cleaned up the same day;he likes the concept of a Sunday morning. 12279 11/02/2009 Mrs.Greenberg stated that clean up cannot take place the same day because Village staff does not work on Sunday, but the vendors will be asked to clean up their own spaces. Moved by Braiman,seconded by Glover,to authorize staff to proceed with the recommendation to coordinate a Buffalo Grove Farmers Market in 2010. It has not yet been decided where the proceeds will be distributed. The reason that Sunday was chosen was that there are no other Sunday markets,so there would be no competition. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. Moved by Glover,seconded by Brannan,to appoint Paulette Greenberg and Penny Novy as co-chairs of the 2010 Buffalo Grove Farmer's Market. Upon voice vote,the motion was unanimously declared carried. Trustee Trilling asked that he be allowed to be the liaison on this project;there was no objection from the Board. PUBLIC HEARING—eSkape President Hartstein re-opened the continued Public Hearing for Amendment of Special Use,eSkape Family Entertainment Center,350 McHenry Road,(continued from October 5,2009 and October 19,2009)at 8:42 P.M. Mrs.Neukirch presented a summary of the extensive amount of work by staff and the petitioner to coordinate the issues and comments previously presented,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. The 23 Special Use terms and conditions are outlined in this document. Staff is seeking direction from the Village Board as to whether or not a draft ordinance should be presented at the next meeting. Mrs.Neukirch highlighted four of the Special Use terms where staff believes there is a disagreement in the language being proposed. Chief Balinski stated that the intention from a Police Department perspective is to start off on a very conservative rate based upon issues previously discussed. The Department would like to have two officers present at the beginning,and then re-evaluate,and if there is an established credible threat based upon intelligence through law enforcement agencies,they want to have the right to work with eSkape and require additional police officers. The key is to have a uniformed presence similar to that of Buffalo Grove Days,as they feel this discourages many of the concerns that they have,however,it will not totally eliminate all of them. Mrs.Neukirch noted that the staff recommendation is to have separate events for the 17-20 age group and another for the 21 and up age group. Mr.Raysa stated that these two Public Hearings are separate,and for discussion purposes,they may proceed in tandem,but the second Public Hearing should also be opened. President Hartstein opened the Public Hearing for Consideration of Amendments to the Village Zoning Ordinance Concerning Uses Allowed in a Family Entertainment Center,(continued from October 5,2009 and October 19, 2009)at 8:55 P.M. Mr.Brimm summarized the purpose of this Public Hearing,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Feldgreber reviewed the history of eSkape and what has been continually done to enhance the facility;he noted that they have tried to come up with a new concept to keep up with the changing times,but it has become too hard to 12280 11/02/2009 move forward,and he thanked everyone involved for their efforts,but he is making a formal request to withdraw the petitions. The major issues that are his top concerns are as follows: 2. The Special Use shall be limited to the Operator only. The Special Use cannot be assigned or transferred and does not run with the property. 5. The Arena shall close for public and private events no later than 2:00 A.M.on Saturday and Sunday morning,and at 1:00 A.M.the other days of the week. All attendees must be outside the Arena area no later than the closing time. Individuals under the age of 21 years shall vacate the Arena no later than 1:00 A.M.on any day. The business shall ensure that proper procedures are in place for the removal of all attendees in the Arena in a safe and efficient manner prior to the closing time. 7. Dance parties shall be limited to no more than two additional dates per month,excluding Friday and Saturday evenings. 18. All liquids served or consumed inside the Arena for dance parties must be served in plastic or paper containers. • The Building Department recommends replacing the ramps with stairs. • Security—they agree this is important,but they believe they can handle it in the same manner that they have in the past. Based on the Police Chiefs recommendation and their personal needs,48%of the door revenue will go to security based on 200 guests. The Village wants to put too many restrictions on an already difficult task and it will make it economically impossible to succeed. Trustee Berman asked if there is a scenario where Mr.Feldgreber can envision that some of these conditions might be modified to make the proposal viable. Mr.Feldgreber stated that he asked that there be a Trustee present at the meeting between himself and staff,and there was not one. Mr.Feldgreber stated that there are 23 points listed,and it is just too hard,and they hit an impasse. With regard to the definition of a Family Entertainment Center,he believes that the proposed concept falls into the current definition,and they do not believe there needs to be any change. President Hartstein stated that the Board believes in giving everyone a fair hearing. Staff makes recommendations and the Board weighs those recommendations. The Board is open to anyone who comes before them. Buffalo Grove wants to work for the business community,and he applauds Mr.Feldgreber for his work with eSkape,which he believes is clearly an asset to the community. President Hartstein stated that there is an opportunity for give and take to try and work through these issues. In answer to a question from Trustee Berman,Mr.Feldgreber stated that he is open to having further discussions with staff,however,he believes they need to be much more open minded. President Hartstein confirmed that the Public Hearings remain open. Trustee Berman noted that it appears that the primary concerns are items numbered 5,6,7, 13,2, 18 and 9. Lengthy discussion then ensued with regard to these issues. In answer to a question from Trustee Berman,Mr.Raysa outlined the procedure for revocation the Special Use, confirming that,if a new business owner is not as diligent as the current business owner and the Village believes that it has become a problem,the Village would be in a position under paragraph 23 to revoke the Special Use. With regard to mixing the two age groups,Mr.Feldgreber stated that he would not be able to make it on a business level if the two groups are separate. Lengthy discussion took place with regard to the enforcement of a closing time,as well as the mixing of the over-21 and under-21 age groups. It was suggested that there be discussion to give staff and Mr.Feldgreber direction from the Board. 12281 11/02/2009 Trustee Stone is not in favor of mixing the two age groups;she suggested taking the age group down to 16 year olds to make up for some revenue;she does not believe the petitioner can make enough money to have seven officers on site;she does believe that the 16 year olds will come out at an earlier time. Trustee Sussman has heard a great deal of input from residents;she agrees with everything staff recommends;she believes they did an outstanding job on all 23 Special Use conditions,and she would not deviate from any of those conditions. Trustee Glover stated that she is very concerned about mixing the age groups;Mr.Feldgreber has to determine whether he is going to model the proposal after the other clubs or modify it to be a family entertainment center.Mr. Feldgreber is not going to get all the concessions that he wants;there are some conditions that she will not modify at all,such as the police presence and the age issue;her final decision will be made on certain issues that she believes are important. Trustee Braiman stated that some of these issues are innocuous,and we are really only talking about 6-10 conditions that are critical to both parties. Mr.Feldgreber stated that there will initially be no signage requests. Trustee Braiman is concerned about mixing the age groups,as well as mixing the areas in the facility;he also questions how the issue of the police presence can be compromised. Mr.Feldgreber suggested that there be off-duty police officers,possibly from other communities and at his direction,and staff noted a concern regarding communication to the Buffalo Grove Police Department headquarters. President Hartstein stated that foremost concerns are that there must be adequate security,based upon what our police department believes is necessary;the security of our community is what is first and foremost to him;and he firmly believes that the age groups should not be mixed. President Hartstein polled the Board: YES indicates favor of the concept if the Board,the staff and the petitioner agree on the 23 Special Use conditions;NO indicates opposition: YES: Glover,Berman,Trilling,Stone NO: Braiman,Sussman Chief Balinski stated that,if the age group is 16, 17, 18, 19 and 20,it is the strong recommendation of staff that the closing hour be 1:00 A.M. President Hartstein polled the Board: YES indicates favor of the proposal if there were to be a night to be restricted to those only under 21 years of age;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Stone,Sussman,President Hartstein NO: None President Hartstein polled the Board: YES indicates favor of a 1:00 A.M.closing time if there is an evening limited to those under 21 years of age;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Stone,Sussman,President Hartstein NO: None In answer to a question from Mr.Feldgreber,Chief Balinski stated that,with regard to the issues of gang activity, alcohol issues and increased crime,the security requirements will be the same. Mr.Feldgreber stated that he is interested in observing the operations at other clubs on a Friday or Saturday night. Trustee Stone stated that she thinks this is a great idea,and with the right precautions,she believes that it can succeed;she does not believe that police in uniform are a deterrent to people wanting to visit the facility,but she believes the type of intimidation that it will present is actually necessary;she believes that the police presence will make parents more comfortable in allowing their children to attend;she believes it is worth trying to make it work. 12282 11/02/2009 Trustee Braiman suggested a polling as to whether or not the Board will require the two uniformed officers. President Hartstein polled the Board: YES indicates favor of the initial recommendation of two uniformed officers, subject to increase or decrease based on circumstances evaluated;NO indicates opposition: YES: Braiman,Glover,Berman,Trilling,Stone,Sussman,President Hartstein NO: None Mr.Feldgreber stated that he does want to evaluate the situation,and he wants to follow up with staff to bring closure to the issue one way or the other;getting comments from the Trustees is helpful;he is amenable to sit down and discuss. At 10;10 P.M.,President Hartstein continued both Public Hearings until December 7,2009. QUESTIONS FROM THE AUDIENCE Andy Stein,Chevy Chase Drive,announced that contributions to the food pantries have picked up,but they are still in short supply of staples,such as peanut butter,jelly,canned fruit,dry pasta and pasta sauce,and he encouraged residents to donate whatever they can to either the Vernon Township or the Wheeling Township Food Pantries. Craig Horwitz,resident,asked what the revenue to the Village was for the month of September from the OTB. Mr. Brimm responded that the income was approximately$3,300. Mr.Horwitz agreed with President Hartstein with regarding to putting the recall issue to referendum;he would like to visit what other issues would qualify for such a referendum;he believes the OTB should have been such an issue. Mr.Horwitz asked what will happen to the parcels of land on Dundee Road that housed the Car Dealerships that are leaving;he is interested in making sure that the properties are maintained. President Hartstein and Mr.Brimm reviewed the possibilities for the property vacated by the car dealerships,noting that there have been no requests for re-zoning. Toyota will still own and maintain their property. It is hoped that the property will still house car dealerships. Rob Sherman stated that he hopes it is made clear that the parking lot for the adjacent park should not be used for business parking. Mr. Sherman suggested adjusting the Speed Limits on several streets. Mr. Sherman congratulated all students named to the National Honor Society and suggested that the Board consider recognizing them for their accomplishments. 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#2009-70—VEHICLES AND TRAFFIC Motion to pass Ordinance#2009-70,amending Title 10,Vehicles and Traffic,of the Village of Buffalo Grove Municipal Code. 12283 11/02/2009 ORDINANCE#2009-71—LIQUOR CONTROLS �./ Motion to pass Ordinance#2009-71,amending Chapter 5.20,Liquor Controls,of the Village of Buffalo Grove Municipal Code. RESOLUTION#2009-39—FY 2010-2014 CIP Motion to pass Resolution#2009-39,adoption of FY 2010-2014 Village of Buffalo Grove Capital Improvement Plan Update. CENTRAL GARAGE Motion to authorize bid for Garage Floor re-surfacing. PUBLIC SERVICE CENTER GARAGE Motion to authorize bid for Carbon Monoxide/NO2 Alarm and Ventilation System Replacement in the Public Service Center Garage. 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. AGENDA President Hartstein suggested moving to Item XIV.A.on the agenda;there were no objections from the Board. BUFFALO GROVE MARTIAL ARTS Mr.Brimm introduced the proposal. Bert Witte,owner,reviewed his proposed request to move his business from the Town Center to 700 Armstrong Drive,details of which are contained in the Village Board meeting Agenda Item Overview. In answer to a question from Trustee Braiman,Mr.Witte stated that there are 18 parking spaces that are available with the parcel,plus some others along the back side;he does not anticipate that parking will be an issue with his type of business;he also acknowledged that his customers are aware of the unique turning restriction at that intersection. Moved by Braiman,seconded by Glover,to refer the Buffalo Grove Martial Arts,700 Armstrong Drive,Special Use in the Industrial District,to the Plan Commission for review. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. 12284 11/02/2009 ORDINANCE#2009-72—PARKING LOT FEES `./ Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Moved by Braiman,seconded by Sussman,to pass Ordinance#2009-72,amending Chapter 3.52,Municipal Commuter Station Parking Lot Fees,of the Village of Buffalo Grove Municipal Code,to$1.75 in accordance with the materials in Board packets. In answer to a question from Trustee Berman,Mr.Brimm stated that daily user parking is down approximately 8% as compared to last year,although the monthly parking usage is up very slightly. Staff will publicize this change well in advance of the effective date. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-73—BANNER PLUMBING Moved by Sussman, seconded by Glover,to pass Ordinance#2009-73,approving a Special Use for Outside Storage in the Industrial District,Banner Plumbing, 1020 Lake Cook Road,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustee Braiman asked that the motion be amended to make it subject to execution of Exhibit B by Banner Plumbing Supply Company and the Chevy Chase Business Partnership LP. Mr.Brimm confirmed that is part of the proposed ordinance. The amendment was accepted by Trustees Sussman and Glover. 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. ORDINANCE#2009-74—650 LAKE COOK ROAD Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Staff is satisfied that the parking is more than adequate. Moved by Glover,seconded by Berman,to pass Ordinance#2009-74,amending Ordinance#2003-70 to allow a Medical Office at 650 Lake Cook Road,in the B-3 District,per the staff memorandum dated 10/28/2009. In answer to a question from Trustee Trilling,the attorney for the petitioner,reviewed the proposed uses for the property;she stated that the tenant is more concerned about parking than anyone,and they are very satisfied with the parking provided. Trustees Glover and Berman amended the motion to be subject to Exhibit B. 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. 12285 11/02/2009 ETHICS ACT Mr.Brimm reviewed the proposed ordinance,as well as the ensuing proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mr.Raysa pointed out a typo on page five: Penalties should be Article IV. Moved by Braiman,seconded by Berman,to pass Ordinance#2009-75,amending Chapter 2.49,State Officials and Employees Ethics Act,of the Village of Buffalo Grove Municipal Code,in accordance with the draft in Board packets dated September 24,2009 A. In answer to a question from Trustee Braiman,Mr.Brimm explained what is meant by prohibited political activities. Trustee Stone stated that,on the overall concepts,she appreciates that the Board is going to pass an Ethics Ordinance and Code of Conduct,but she is concerned that the climate and deterioration of the election process is not included. Additionally,she had asked that there be some mandatory time frame for notice to the public as a requirement that will address the vetting process in regard to hot-button ordinance passage;she believes that the Ethics Panel will be able to assist in identifying hot-button issues. Mr.Raysa confirmed that the matters contained in the proposed ordinance amending Chapter 2.49 are constitutionally sound. Mr.Raysa used the Illinois Attorney General's model ordinance as a starting point. Mr. Raysa then reviewed the original Act. The Village of Buffalo Grove followed the State Act pursuant to Section 70-5 by enacting Ordinance#2004-48. Elected officials,officers and employees have been governed by the State Officials and Employees Ethics Act since 2004. The draft ordinance in front of the Board tonight has made no change to the 2004 ordinance. Lengthy discussion ensued with regard to clarification on various points in the draft ordinance,with emphasis on the method of choosing the Ethics Panel,the method of referral of an issue to the Ethics Commission,the time line for acting upon a complaint,who determines whether a violation is intentional and who is enforcing the penalties. It was noted that these documents were distributed to the Board for comments several months ago so that a document could be formulated,and yet now there are many questions that should have been previously resolved. It was suggested that there be a list of questions presented to staff so that they can be resolved before the next meeting and there can then be an intelligent discussion on the issues. Trustee Stone noted that she believes that everyone should get their ideas on the table tonight,so that everyone hears the different ideas first hand,and then comes back in two weeks and acts on the issues Rob Sherman commented on several changes that he would like to see included in the proposed ordinance. Moved by Trilling,seconded by Berman,to defer action on Item XII.D.until the Board has adequate time to get comments and input necessary for discussion and passage. Upon voice vote,the motion was unanimously declared carried. Moved by Trilling,seconded by Berman,to defer action on Item XII.E.until the Board has adequate time to get comments and input necessary for discussion and passage. Upon voice vote,the motion was declared carried. Mr.Brimm asked for comments and suggestions on these two issues to be given to him in writing so that he and Mr. Raysa may incorporate them into a draft to be presented to the entire Board for discussion at a future meeting. RESOLUTION#2009-40-FINANCIAL AUDITING SERVICES Moved by Braiman,seconded by Berman,to award contract for Independent Financial Auditing Services to Wolf& Company LLP. 12286 11/02/2009 Mr.Brimm reviewed the issue,details of which are contained in the Village Board Meeting Agenda Item Overview �•/ prepared by Mr.Anderson,noting that Wolf&Company is the lowest qualified bidder,although not the lowest bidder. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. 2010 STREET MAINTENANCE Moved by Braiman,seconded by Glover,to authorize bid for 2010 Village Wide Contractual Street Maintenance program,in accordance with the memorandum from Public Works contained in Board packets. Mr.Brimm reviewed this issue,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Kuenkler. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. RECALL ORDINANCE President Hartstein stated that he does believe there is merit to having a referendum on the February ballot to give residents an opportunity to have feedback on whether or not there should be a Recall Ordinance,and he would like a draft ordinance on the agenda for the next meeting. Trustee Braiman stated that he does not have a big objection to it,but he has not heard anyone say they are against recall,only the terms,and since the referendum would not state specific terms,he does not believe that it makes a lot of sense to put it to referendum. Trustee Stone thinks a referendum is a good idea,and she is a proponent of recall,but she heard that the community was outraged at the idea that their vote could be undermined by the process of recall. Trustee Sussman believes that the referendum is a good idea,but a referendum on the ballot would not state reasons. Trustee Berman is concerned that we will rush to put something on the ballot in a hurry without specifics tied to it, and he is concerned about fostering more confusion;he would rather work carefully to get a form of an ordinance that is either passed or defeated;he does not believe that the Board is ready to place an actual question in front of the community on what type of ordinance is being proposed. Mr.Horwitz again pointed out that he questions whether recall is constitutional. 12287 11/02/2009 ADJOURNMENT Moved by Braiman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 12:13 A.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 16th DAY OF November ,2009 illage President