2009-12-14 - Village Board Special Meeting - Minutes 12300
12/14/2009
MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,
BUFFALO GROVE,ILLINOIS ON MONDAY,DECEMBER 14,2009
CALL TO ORDER
President Hartstein called the meeting to order at 8:16 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Trilling,Stone and
Sussman. Trustee Berman was absent.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy
Village Manager;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;and Sgt.Scott Kristiansen.
VILLAGE PRESIDENT'S REPORT
On behalf of the Village Board,President Hartstein wished everyone a safe and Happy Holiday season.
TRUSTEE REPORTS
The Village Clerk reported on voter registration and early voting dates for the February 2,2010 Primary Election.
TRAFFIC MANAGEMENT COMMITTEE
On behalf of the Traffic Management Committee,Mrs.Neukirch presented a report regarding a possible STOP sign
�•/ at Bernard and White Pine Roads,details of which are contained in the Village Board Meeting Agenda Item
Overview that she prepared.
After discussion,it was determined that staff will review the situation and report back to the Board.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience on non-agenda items;there were none.
CONSENT AGENDA
President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;there were no such requests. The Village Clerk read a brief
synopsis of each of the items on the Consent Agenda.
Moved by Braiman,seconded by Glover,to approve the Consent Agenda.
1025 BUSCH PARKWAY
Motion to approve Certificate of Initial Acceptance and Approval, 1025 Busch Parkway.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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ORDINANCE#2009-83-CLEARWIRE
jMoved by Glover,seconded by Braiman,to approve an Amendment to the Special Use for Addition of a Clearwire
lAntenna and Equipment Cabinet,Cell Tower at Busch Grove Community Park, 801 McHenry Road,per the
s information received by the Board and the proposed ordinance dated 12/9/2009.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
Tony Phillips,representing Clearwire,answered questions from the Board.
Trustee Glover and Trustee Braiman amended the motion to add that it is subject to the receipt of correspondence
from the Lake County Stormwater Management Commission regarding whether the project might impact wetlands
adjacent to the project site.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
ORDINANCE#2009-84—ETHICS ACT
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 Glover,to pass Ordinance#2009-84,amending Chapter 2.49,State Officials and
Employees Ethics Act,of the Village of Buffalo Grove Municipal Code,in accordance with the memorandum and
draft of the ordinance dated 11/18/2009.
Trustee Stone is concerned that anyone connected with the Village be held to a very high standard during the
election process and that any involvement in sabotaging or acting in a way unbecoming to the government be dealt
with some sort of penalty or sanction in order to clean up the election process.
Trustee Stone believes that the Ethics Commission should be made up of people unrelated to the government in
every way so that they are objective. Trustee Stone believes that the make-up of the Ethics Commission should be
by unanimous vote. Trustee Stone does not believe that this Board did alert the people,and she wants to tell the
community what her thoughts are and they know what she is trying to do,which is to bring a certain truthfulness and
security and confidence in our Board because what we did experience was that there was not a proper
communication.
Trustee Stone suggested that the commission be made by a unanimous vote of this Board to secure that it is not just
a customized board that is a club of a club kind of idea. That is important to her. With a unanimous vote,it is no
one's particular favorite choice but that all agree that these people are removed and there are no relationships.
Otherwise,she can anticipate that this board is going to be made up of people that are involved in all the
commissions. It has nothing to do with the fact that they are not good people,but it should be people that are
removed from Village Board members and by a unanimous vote.
Trustee Stone believes that this board is different from any other board because they are having to make some hard
decisions that would be critical of Village Board members. If the Ethics Commission is going to work,it would
have to be an objective group. The way Trustee Stone sees this going is that she believes this type of Ethics
Commission will be a façade because it will be people that are made up of commissioners that have been involved in
our Village or on the Park Board or whatever the connections are in the people that are involved actively in our
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government;and she thinks that the relationships will dictate,therefore they won't be able to objectively and
comfortably look at their friends and say"I think that what you are doing is right or wrong". Trustee Stone believes
that there is a much better chance by involving people so it is not kept so close-knit like a clique. If we are going to
expand and get people in the community more involved in our government and our commissions and whatever we
have to offer,we have to do things that actually welcome new blood because otherwise there is this feeling of a
clique. Trustee Stone does hope that the selection process is not one that is very predictable and that it will be
people that have just been surrounding this Board for many years. The Ethics Commission is a unique commission
and it should be looked at differently and it should be made up in a different style than we do anything else.
Trustee Stone believes that Ethics officers should come from other communities,which would remove all bias.
President Hartstein asked if there is support for leaving Section II.with regard to the make up and the composition
as proposed in the draft: YES would support it as written;NO would be requesting some type of change:
YES: 4—Braiman,Glover,Trilling,Sussman
NO: 1—Stone
ABSENT: 1—Berman
Section II.will remain as is.
Lengthy discussion ensued with regard to the other parts of the proposed ordinance.
With regard to elections and campaigning,Mr.Raysa will research and report back to the Board as to what we might
be able to do with regard to imposing penalties on candidates who run dirty campaigns.
Mr.Raysa and Mr.Brimm answered several question from Adam Moodhe,Mary Lu Lane,with regard to the
proposed ordinance.
Trustees Braiman and Glover amended the motion to change the wording from"recommend to the Corporate
Authorities modifications to its procedures"to"recommend to the Corporate Authorities modifications to the Ethics
Commission procedures".
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
RESOLUTION#2009-49—FREEDOM OF INFORMATION ACT
Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared.
Mr.Raysa confirmed that he has reviewed the proposed resolution and it does comply with the State Act
requirements.
Moved by Braiman,seconded by Trilling,to pass Resolution#2009-49,adopting the Village of Buffalo Grove
Policies and Procedures Pursuant to the Illinois Freedom of Information Act in accordance with the memorandum in
Board packets dated 11/24/09.
After discussion,Trustees voted on the motion as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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Staff will bring back recommendations on a policy for implementation of FOIA requests,incorporating ideas and
suggestions brought forward tonight.
RESOLUTION#2009-50—ETHICAL BEHAVIOR AND CONDUCT
Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared.
Moved by Braiman,seconded by Sussman,to pass Resolution#2009-50,adopting a Code of Ethical Behavior and
Conduct for Village Elected and Appointed Officials for the Village of Buffalo Grove.
Trustees Braiman and Sussman amended the motion to change the wording"ethical behavior"to delete the word
"ethical"and simply leave it as"behavior".
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
ADJOURNMENT
Moved by Braiman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 11:20 P.M.
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Jiff M. Sirabian,Village Clerk
APPROVED BY ME THIS 21st DAY OF December ,2009
illage President
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