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2007-06-18 - Village Board Regular Meeting - Minutes 11879 06/18/2007 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, JUNE 18,2007 CALL TO ORDER President Hartstein called the meeting to order at 7:34 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,Kahn,and Trilling. Trustee Rubin was absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch, Deputy Village Manager;Leisa Niemotka, Management Assistant;Scott Anderson,Director of Finance; Gregory Boysen,Director of Public Works;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planer; and Richard Kuenkler,Village Engineer. APPROVAL OF MINUTES • Moved by Glover, seconded by Trilling,to approve the minutes of the June 4,2007 Regular Meeting.Upon roll, Trustees voted as follows: AYES: -5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. WARRANT#1075 Mr.Anderson read Warrant#1075. Moved by Kahn,seconded by Glover,to approve Warrant#1075 in the amount of$3,729,414.34,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein urged residents to join in Buffalo Grove's July 4th celebration,with a concert featuring the Buffalo Grove Symphonic Band at 7:00 P.M.on the Rotary Village Green,followed by a spectacular fireworks display at approximately 9:15 P.M. sponsored by Hamilton Partners. At the request of the Fire Department,President Hartstein reminded residents that all fireworks, including sparklers, are illegal in Buffalo Grove, and pointed out that thousands of adults and children are seriously injured each year in fireworks related incidents,thereby urging everyone to leave the handling of fireworks to the professionals. President Hartstein commended the community,as well as the students from Stevenson and Buffalo Grove High Schools,for the terrific response to the American Cancer Society Relay for Life held this past weekend at Buffalo Grove High School. 11880 06/18/2007 President Hartstein reminded everyone that the Buffalo Grove Fine Art Festival will take place July 14-15, 2007 at the Buffalo Grove Town Center. There is a special edition of People, Places Issues that will air every day at 6:00 P.M.that will present an overview of the Festival,including preview of the art. TRUSTEE REPORTS Trustee Berman reported that the Village has just been advised that a portion of Dundee Road in Northbrook will experience a full closure at the railroad crossing near the post office from June 20-29,2007. Beginning June 20,2007 through October 12,2007,Cook County has also planned a construction project that will directly affect Lake Cook Road,extending from Hicks Road to Lexington Drive. Trustee Berman thanked and congratulated the staff and elected officials for the tremendous support for the Relay for Life at Buffalo Grove High School last Friday. It was a resounding success,and he was informed today by the American Cancer Society that there were over 90 teams involved,and over$100,000 was raised to fight this disease. Trustee Kahn thanked everyone for their support at the Blood Drive last weekend;Village associates donated 20 units at Village Hall,and 56 residents donated at the drive at the Alcott Center. Trustee Kahn pointed out that each one of these donations is able to help three people. The Fire&Police Departments raised nearly$1,300 at the Scoops for Charity event over Memorial Day weekend at the Continental Restaurant;the funds raised will go to Special Olympics and the Muscular Dystrophy Association. Trustee Kahn extended the appreciation of the Village Board to the Continental Restaurant for their support in this endeavor. VILLAGE MANAGER'S REPORT Mr. Brimm noted the submittal and posting of the Monthly Management Report for the month of May,2007; there were no questions on this report. PUBLIC HEARING—VILLAS AT HIDDEN LAKE At 7:46 P.M.,President Hartstein called to order the Public Hearing for consideration of the third amendment of the Annexation Agreement for Buffalo Properties LLC concerning the Planned Unit Development(PUD)in the R-4 District for the Villas at Hidden Lake,northeast corner of Deerfield Parkway/Buffalo Grove Road. Sam Mulay,representing the petitioner,introduced Steven Greenberg, Charles Murphy,after which President Hartstein swore them in to give testimony. Mr.Mulay then made a presentation reviewing the request of the petitioner,details of which are contained in Mr.Murphy's memo to Mr. Brimm of June 4,2007. Trustee Glover disclosed that one of the agents in her office,ReMax Experts, is helping to market this property, however,since she does not personally have any interest in the project,the Village Attorney has advised her that there is no conflict of interest. In answer to a question from Trustee Glover,Mr.Brimm confirmed that the sidewalk on the eastern side of the property will be public and will be the responsibility of and maintained by the Village. There will be standard sidewalks along Deerfield Parkway and Buffalo Grove Road. Trustee Glover likes the idea of adding more ranches,so she does not have any problem with the proposal. Trustee Braiman reviewed the obligations of the association. In answer to a question from Trustee Trilling,Mr.Greenberg reviewed the lot lines,and confirmed that the developer will install the landscaping pursuant to design that has been approved by the Village. Mr.Brimm noted that the only fencing will be along Deerfield Parkway;there will be no interior fencing. Mr. Greenberg 11881 06/18/2007 stated that he does not believe that anything has changed relative to the construction of decks. Mr.Pfeil stated that he believes that overall the changes are positive, and not at all detrimental to the development President Hartstein asked if there were any comments or questions from any other public bodies or members of the audience. Denice Bocek,Plan Commissioner wants to be sure that the landscaping that was approved is maintained or improved upon. Mr.Brimm stated that condition remains,and has actually been improved. Trustee Glover confirmed with Mr.Brimm that the only fence allowed under the proposed ordinance is along Deerfield Parkway. In answer to a question from Trustee Braiman,Mr.Raysa confirmed that the developer has to provide a final landscape plan and insert the landscaping pursuant to that plan. Trustee Braiman suggested that the Annexation Agreement include that lot owners be restricted from erecting fences or removing any landscaping that was installed by the developer without the consent of the Village of Buffalo Grove. Mr. Greenberg stated that this is an association-driven subdivision, and both public and private areas are being held to a certain quality level. Trustee Braiman stated that he believes this restriction should be included in the Annexation Agreement. Trustee Braiman stated we may not be in a position to go further at this point until there is more discussion between the developer and staff to determine a mechanism to place restrictions on the landscaping. Mr.Greenberg stated that they want the homeowners to feel that they may enhance their property,but restrictions may be put in place so that any material changes made would have to be approved by the association and the Village. Mr.Raysa stated that he would want to see this restriction spelled out in the Annexation Agreement. Mr.Raysa stated that there is nothing stating that the association has to maintain the degree of landscaping that is put in place by the developer. President Hartstein clarified that the Village Attorney has indicated that anything that is approved tonight should be subject to the receipt and approval by the Village of the Preliminary Site Plan and the final Landscape Plan. Trustee Braiman stated that the Village does not want to get into the business of approving every flower,but he would ask that the developer must provide a mechanism within the association for review and approval for the removal of landscaping. The developer stated that they would have no objection to Trustee Braiman's suggestion. Trustee Berman doesn't have a problem with allowing the association to monitor the landscaping changes,and he believes that the Village Attorney can work out the appropriate language with the developer. Mr.Pfeil answered several questions from Trustee Trilling. At 8:31 P.M. President Hartstein adjourned the Public Hearing until the item is on the agenda later on in the meeting. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on the agenda;there were none. 11882 06/18/2007 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. After Mr.Brinnn answered a question for Trustee Braiman,it was moved by Braiman, seconded by Glover,to approve the Consent Agenda. ORDINANCE#2007-36—WHITE HEN PANTRY Motion to pass Ordinance#2007-36,amending Chapter 5.20,Liquor Controls,Class D,White Hen Pantry. ORDINANCE#2007-37—TASTE OF TOKYO Motion to pass Ordinance#2007-37,amending Chapter 5.20,Liquor Controls,Class B,Taste of Tokyo. ORDINANCE#2007-38—SURPLUS VILLAGE PROPERTY Motion to pass Ordinance#2007-38,authorizing the disposal of surplus Village personal property. RESOLUTION#2007-19—BIKE PATH Motion to pass Resolution#2007-19,approving an amendment to an Intergovernmental Agreement with Cook County related to ROW Acquisition for a Section of Bike Path related to the Lake Cook Road Overpass Improvement at the Wisconsin Central Railroad. RESOLUTION#2007-20—ELEVATOR SAFETY PROGRAM Motion to pass Resolution#2007-20,approving the Illinois Elevator Safety Program Agreement. 900 DEERFIELD PARKWAY Motion to approve a Development Improvement Agreement&Final Plat,900 Deerfield Parkway. MAIN STREET UTILITIES Motion to approve Certificate of Initial Acceptance&Approval—Main Street Utilities. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. ORDINANCE#2007-39—VILLAS AT HIDDEN LAKE Moved by Trilling, seconded by Kahn,to pass Ordinance#2007-39, approving the third amendment of the Annexation Agreement for Buffalo Properties LLC concerning the Planned Unit Development(PUD)for the Villas at Hidden Lake,northeast corner of Deerfield Parkway/Buffalo Grove Road. Mr. Raysa requested that the motion be subject to the receipt and approval by the Village of Preliminary Site Plan Exhibit C as referenced in the Annexation Agreement,receipt and approval of a new Exhibit D which would be the final Landscape Plan, and adding language pursuant to the Board's direction as far as a mechanism in the Annexation Agreement whereby the association would have landscaping approval as far as future changes to the landscaping,both on the parcels and the common elements. 11883 06/18/2007 Trustees Trilling and Kahn both agreed to Mr. Raysa's amendment to the motion. Upon roll call,Trustees voted as follows on the amended motion. AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. The Public Hearing was adjourned. RESOLUTION#2007-21 —VILLAGE PRESIDENT Trustee Berman presented the following introductory statement regarding the proposed resolution,after which he proceeded to read the proposed resolution: "The other members of the Board have asked me to read this Resolution. Before I do so,however,I think it is appropriate, indeed essential,to make a few introductory comments. This measure has not been brought forward impulsively,but instead as a final resort and with a sense of sadness and profound frustration;a disappointment that this issue has reached the point where formal,public action is even necessary. Perhaps the best kept secret in this community is the fact that the Village President does not and really never has communicated,collaborated or worked together with the other members of this Board on a regular basis. Time and again,over the course of years,members of this Board have attempted to remediate the Village President's unilateralism and his actions which effectively usurped the Board's policy role. He has been repeatedly asked, urged, and cajoled to respect the limits of his authority,as well as the policy-making role of the Board,and to work with us. But,it was done behind the scenes, in individual private conversations with him,and in other forms of proper but non-public communications directed to him. All done without public confrontation in the hope of inducing a productive response and to avoid detracting from the work we must do together as a Board in the public's interest. Unfortunately,those earlier efforts,driven by optimism and perhaps a slightly misplaced sense of decorum,have been unavailing. He has neither altered his conduct nor refrained from exceeding his authority on policy matters. This Resolution,and indeed all of the efforts leading up to it, is necessary only because the Village President participates in outside entities such as the Northwest Municipal Conference specifically as Village President,as our representative to those organizations,and not merely as an individual member of the public. The question is not whether he is a good advocate under the right circumstances,or even advocates for what he believes are good causes;he is and he does. However,by law,the Board and not the Village President, is the policy-making branch of Village government. Since he operates in a representative capacity,the Village President has an obligation to communicate with and obtain input from the Board on matters affecting policy that are raised by or to the conferences,caucuses,and leagues in which he participates. When he instead acts without first conferring with the Board,or worse,in direct contravention of an express policy determination,he exceeds his authority. In this instance,the Board provided him with specific directions and imposed limitations on his discretion,which he apparently disregarded. To the extent there is any possible assertion of misunderstandings or miscalculations,this Resolution contains terms sufficiently clear and unambiguous so as to leave no prospect of doubt. And,despite a general reluctance to undertake such formal and forceful action, I am hopeful Mr. President that this Resolution will serve a remedial purpose,rather than be used as an excuse to further extend the chasm between you and the rest of the Board. Mr.President,communication is not capitulation, collaboration is not defeat,and an acknowledgment by you that your conduct in this matter,even if well-intended,went astray, is not submission or surrender,but merely a measure of good and proper governance. Neither obstinacy nor antagonism will further the public interest. Therefore,Mr. President,even as I proceed to read this Resolution, I again urge you to respond constructively, not just in your comments here tonight but through your actions over time. Choose to seize this moment as an 11884 06/18/2007 opportunity. I do not believe there is anyone sitting on this dais tonight that would reject a genuine effort to establish some common ground. I hope we will see it. And now,with that said,I will read the Resolution." Moved by Berman,seconded by Kahn,to pass Resolution#2007-21,reprimanding Village President Elliott Hartstein. President Hartstein read the following statement responding to the proposed resolution: "Though I hate to dignify this proposed Resolution with any comment,I feel compelled to point out the facts which substantiate quite clearly that there are distortions and omissions of fact which demonstrate why there is no rational basis for this resolution. FACTS RE VILLAGE BOARD MEETING OF MAY 21 On May 21"there was a resolution on the Village Board Agenda relating to supporting a proposal on Educational Funding Reform for the State which the week before had come before the legislative committee of the Northwest Municipal Conference. At the legislative committee,the NWMC scheduled a special meeting for May 23`d to take up the issue since there was a desire to get a position before the May 31 target date for completion of the current General Assembly in Springfield. Both myself and Trustee Braiman asked that the subject be placed on our Board agenda for May 21 so it could be dealt with before the May 23 Special meeting. On May 21'there was an extended discussion by the board where all trustees expressed concern about taking a position of the Metro mayors proposal even on a conceptual level,either because they had not had adequate time to review the concepts proposed or because they felt this was not a subject the Village should be taking a position on since it was the province of the school boards and not the Village Board. After listening to that discussion I stated'In the absence of further direction from the Board I will abstain on the NWMC vote on the Mayors Caucus recommendation on Educational Funding reform'. Trustee Braiman was only one who made a comment on my proposed action after I made that statement,and he said he agreed that it was preferable to cast an abstention since it would not reflect that the village was against the proposal. No motion was made whatsoever and no further directive comments were made by any trustees after I said the abstention would be what I would do absent further direction. No motion was ever made regarding the resolution on the Board agenda. I have reviewed our minutes and the tape of the meeting to confirm said facts. FACTS RE MAY 23RD NWMC Meeting I attended the May 23 Special meeting of the NWMC at Oakton Community College. During the early part of the discussion at the meeting I pointed out to those in attendance that a couple days earlier the APlus Illinois Group and Metropolitan planning council had come out with a proposal that made no mention of property tax relief whatsoever. I did make a statement at that time that I thought that made it all the more compelling for there to be a Mayors Caucus position since it provided for significant property tax relief for our residents in addition to meaningful funding for education.And I went on to say in these exact words: `I �•/ personally strongly believe in this. I believe in the work of the committee. I believe in the work of the caucus on the issues to be addressed. This is my personal individual opinion and unfortunately not the official position of my community.' The tape of the meeting confirms that I qualified my statement in that regard. Later in the meeting as those in attendance were grappling with how to formulate a position statement that did not include the specific monetary recommendations of the Metro Mayors Caucus I jotted down a few phrases and showed them to a couple of my colleagues who were sitting next to me. The words I jotted down were as follows trying to capture some of the suggestions, and good ones,which were made by trustees at our May 21 meeting about seeking more input from schools and communities. The exact words were'The NWMC applauds the work of the Metro Mayors Caucus for their hard work on Educational Funding reform and goes on record in 11885 06/18/2007 support of the following key concepts' (I did not list any concepts since those were being debated still). I then put down the following words'and encourages further input from municipalities and the educational community to further refine details of these proposals with the legislature'. My colleagues encouraged me to share those framework phrases with the group which I then read to those in attendance. The tape of the meeting confirms that my suggestions on the statement for the conference included these ideas which I just described. Shortly thereafter someone made a motion to use those phrases in the conference position statement with others suggesting specifically which proposals concepts should be included such as increased special education funding to benefit all schools and property tax relief as had been in the original Metro Mayors proposal. The question was then called with most in attendance saying aye. I did not say anything waiting for opportunity to go on record as an abstention. The chair then asked if there were any nays and Elk Grove responded. And then the chair asked if there were any abstentions and I stated'per direction of my Board'and the chair then acknowledged for the record that Buffalo Grove,Barrington and Winnetka had abstained. On May 25th I e-mailed the Village manager with copies to the board to confirm what the vote had been and that I had abstained. At our last village board meeting upon inquiry I confirmed once again that I had abstained. The facts demonstrate that I did exactly what I represented to the Board I would do,namely abstain. There were no directives nor any motion to take any particular action. When I made a statement saying that I supported the work of the Caucus on this issue I made it perfectly clear that was my personal opinion and not the official position of our community. When I jotted down some suggested phrases for the conference statement I was trying to incorporate some of the thoughts from this Board about the need to get further input from municipalities and schools. I am proud of my conduct and my participation and have nothing to be embarrassed about. I have every right to speak out and share my personal ideas all the more so when I make clear they are my own thoughts and not the official position of the village. And when casting votes on behalf of the village in any forum I stand committed to adhering to the positions and policies of the village as I always do or to abstain if that is the will of this Board as I did in the instant case. Though I personally am not embarrassed and am in fact proud of my conduct,I am embarrassed for the Village that such a resolution was even put on this agenda,all the more so when such a resolution was placed on this agenda without a call or e-mail to me to make any inquiry about any questions anyone may have had about my participation in the NWMC meeting which is addressed in the resolution. The facts speak for themselves." Trustee Braiman responded to President Hartstein's comments as follows: "It is truly unfortunate that we need to present this Resolution tonight. It is personally troublesome and repugnant to me because for years I have read about Village Boards in other communities where there have been political squabbling and infighting among the Board and I have prided myself and our Board with being above such political infighting. I have always looked at our Board as being extremely professional and we have always attempted to resolve any individual or political differences privately and not in the public forum. We have done so in an attempt not to look petty,or to appear that our differences may be personal or political. Over the past eight years members of the Board individually and as a whole have had differences with the Village President. We have attempted to forge a relationship and we have requested,cajoled,pleaded and begged you to communicate with the Board and try to form unified policies that could be adhered to by the Village and for the betterment of the Village. We have done so individually and collectively through one-on-one and group discussions. Unfortunately, those attempts have always been rebuked by you and you insist on doing it your way, often contrary to our needs and desires as a Village Board as a group. If there were another way to accomplish our collective goal,we would have done so,however,private attempts have been futile, future attempts would similarly be futile and impracticable. The law,specifically the Open Meetings Act,prohibits us from private group discussions. Therefore we have been forced to bring this to a public forum. Before we go further,we need to define the issue. This action tonight is not about the Metropolitan Mayors Caucus proposal. It is not about education, it is not about education funding,it is not about our children, it is not about tax reform. Those matters were discussed and resolved by the Board on the 21st when we gave direction to you regarding the Village's vote at the Northwest Municipal Conference meeting. We told you how we felt. We told you that we wanted you to convey our feelings to them. The issue before us and the reason for the presentation of the Resolution is caused solely by your actions and failings at that Northwest Municipal Conference meeting to convey those ideas and those concepts to them. 11886 06/18/2007 Two meetings ago,we first learned as a group that you had been involved in the Metropolitan Mayors Caucus and their attempt to create a proposal to the State Assembly for school funding. At that time,we raised questions relating to your failure to keep us informed,the timing of the request for approval,whether we even had a right to or should be involved in school funding,the failure to seek the advice of our local School Boards and the effect of the proposal on our community economically.The Board discussed those issues and decided as a Village Board NOT to support the proposal for various reasons. We had a long discussion about those and we explained them to you. In an attempt to allow you to save face,we did not instruct you to vote in the negative, but rather to abstain. We also asked and instructed you to explain our position,to let the conference understand that we were not against school funding,that we were not against education that we were not against tax reform, but why we were taking this vote. At the last meeting I asked you specifically to report back to the Board and Village what occurred at the meeting. I specifically asked you if you conveyed our thoughts to the Conference and if you told them why we instructed you to abstain on the vote. You assured us that you did,but feigned ignorance as to what you actually said merely one week earlier—you couldn't recall. Concerned that our positions were not properly conveyed,a member of the Board listened to the tape of the meeting. That tape revealed that not only were you an active participant,you were an outspoken advocate for the Metropolitan Mayors'Caucus proposal,contrary to our stated direction. In fact,you were so vocal in your efforts to pass the proposal that you were asked on several occasions not to interrupt and to allow others to speak. Additionally,at the meeting you even drafted a portion of the resolution supporting the Metropolitan Mayors' Caucus resolution. Elliott,it is your sworn duty to this Board and to the Village to conform your actions to the will of this Board, whether you agree with it or not. Nothing in the State Statutes or Village Ordinances gives you any right to act contrary to the specific instructions and positions of this Board. Those specific instructions and positions were pretty clear. Other people have come to me and told me that they saw the meeting and it was clear to them as well. You violated your responsibilities to this Board and the Village by superimposing your personal interests over the stated position of the Board. Had you been silent and merely abstained without explanation,I would have accepted it. Had you asked one of us or Bill Brimm to represent the Village at the meeting so that you could speak,not as a Village representative,but as a private citizen,I would have accepted that. But you were there and seated as the Village President. You were with the apparent authority to speak for the Village. The fact that you said that`I personally feel that way' does not mean that you were not conveying the Village's position. You violated your trust by acting and speaking contrary to our direction and that unfortunately is unacceptable." Trustee Berman noted that Trustee Braiman covered most of what he would have said in response to President Hartstein's statement.Trustee Berman stated that President Hartstein spoke at the May 23rd meeting no less than 13 times,totaling more than 12 minutes of discussion;he spoke forcefully, artfully and persuasively on behalf of the Metropolitan Mayors' Caucus and the concepts behind this;he cajoled his fellow mayors that it was essential that they take action,and challenged those mayors by stating"if we as mayors don't advocate for it,who will" and further urged that"it is important that we take a stand". This was not spoken as an individual or a member of the public, and was not conveying the policy position of this Village Board. Trustee Berman stated that it is true that President Hartstein did not receive a phone call prior to placing this resolution on the agenda,but was given an opportunity at the last Village Board meeting to explain to the Board what happened at the May 23`d meeting,however,he chose not to. Trustee Berman again stated that he is saddened that this had to come forward, and reiterated his invitation to work with this Board constructively to find a way to move forward on a positive basis;no one on this Board would reject the opportunity to find common ground with President Hartstein,but unfortunately,he does not hear anything yet tonight that suggests that that is going to happen. President Hartstein stated that he remains committed to serving this community and advocating for everyone in this community,and always adhering to the policies of this Board. At no time has he ever taken a position inconsistent with the policies of the Village Board,or those things which are implicit. President Hartstein stated that he has listened to the tape of the May 21'Village Board meeting, as well as the tape of the Northwest 1 11887 06/18/2007 Municipal Conference,and he assures everyone that there is not one statement in the entire record directing him to do anything or to convey anything other than what he did,which was to abstain,and that abstention reflected the position of the Village of Buffalo Grove,and he made perfectly clear when he made his personal statements that they were his individual opinions. President Hartstein stated that he has a constitutional right to speak,and he was sworn to uphold the Constitution,which ironically calls for full funding of education,which he was speaking on behalf of,so he was upholding the duties and responsibilities that he was sworn to uphold. In terms of working with the Village Board,President Hartstein stands committed to try and work with this Board in a collaborative manner in any way possible;he cannot change their perceptions and beliefs;he noted that from a policy standpoint on issues that come before the Board,he is quite proud of the fact that we do have a cohesive Board and we do have a Board that is not fractional;the current issue is personal;he has been elected by the people of the community,and anyone wishing to challenge him is free to do so;he will continue to speak out on behalf of the people of the community,and at the same time,always commit himself to adhere to the policies and procedures of the Village Board. Trustee Trilling stated that he is greatly saddened that President Hartstein does not see anything that the Board is trying to convey to him;he has not said anything that attempts to understand what it is the Board is trying to say; if there were any for him to begin to understand the things that the Board is trying to convey to him, it would be a great improvement,but he does not see that happening right now. Trustee Kahn stated that Trustee Trilling noted most of what he wanted to say;he understands that President Hartstein believes that he is serving the community,and he does believe that in his heart,he is,however, President Hartstein would not be invited to attend various meetings and speak as a member of the public were it not for the fact that he is the Village President. Trustee Kahn stated that the Board has reached out on numerous occasions in various venues,and there has not been a perceptible change in his demeanor,attitude or communications skills to and with the Board. The troubling instance of dealing with this in a public venue is because it is the only hope of making a change. Trustee Berman stated that the NWMC meeting was not a public meeting,yet he spoke at great length contrary to the general will of the Village Board. The reason for the proposed resolution is to bring it forward and spell it out in terms so clear and unambiguous that there can be no doubt as to the will of the Village Board. Trustee Berman urged President Hartstein to think very carefully how we can constructively move forward from today. With regard to upholding the Constitution of the State of Illinois,that document requires that the Legislature provide funding for education at a certain level,and President Hartstein is not a member of the Legislature. Trustee Berman read the following e-mail from Trustee Rubin: I regret that,due to illness,I am unable to attend tonight's Village Board meeting. I have requested that Trustee Berman read this e-mail into the record. "I, Trustee Brian Rubin concur with the resolution reprimanding Village President Elliott Hartstein. If I were present, it was my intention to vote aye in favor of the resolution. I sincerely believe the Village President to be a good and decent man,however,all of the numerous attempts to resolve this matter, short of a formal resolution,have regretfully failed." Trustee Braiman replied to some of the comments made by President Hartstein. Trustee Braiman stated that the discussion that took place on May 21 s`was extensive and made the position of the Board very clear, and both he and Trustee Berman specifically asked him to convey the position of the Board at the May 23`d meeting. As far as duty being fulfilled by the abstention,the position of the abstention was not told to the board prior to the discussions,but only after the votes were cast,and after President Hartstein advocated very vocally in favor of the position,allowing those in attendance to believe that both President Hartstein and the Village Board were in favor of the proposal. What the Board is asking is that President Hartstein actually convey the direction or policy position of the Village Board to the proper parties. Trustee Glover said that it has always been a sense of pride that this Village Board has worked well together. There have been issues,but they were all handled behind the scenes so that there was no public confrontation. When the Village Board firmly made their comments known at the May 21'meeting,they were told that they had their heads in the sand. When the Board directed President Hartstein to abstain,she would think that,with that abstention,he would not then advocate for the passage of the NWMC resolution. The Village Board asked li 11888 06/18/2007 that President Hartstein relay to the meeting the reason that they were hesitant on this resolution,and he did not convey that to them,thereby making two things that the Village Board asked president Hartstein to do that he did not do. Each member of the Board is saddened to bring this issue to a public forum because it does not look good for either President Hartstein or the Village Board,but it was caused because President Hartstein did not listen to what the Village Board asked,and he still does not believe that he did anything wrong. President Hartstein stated that he takes to heart anything that anyone shares with him from the Board or the community;he is committed to communicating and reaching out to the Board;he remains proud of the way he has conducted himself as Village President;he loves Buffalo Grove and he wants to work with the Village Board,and he is committed to share more with the Trustees,although he does not believe that he did anything wrong. President Hartstein noted that he does not look back,but always looks forward,and he urges the Village Board to reach out to work with him just as they are urging him to reach out and work with them. Trustee Braiman said entire Board attempted to reach out to President Hartstein since the day after the election 8 years ago. Trustee Trilling stated that his comments are directed at President Hartstein,and not the public. There needs to be communication between the Village Board and the Village President. Trustee Trilling questioned why the direction of the Village Board and reason behind the abstention were never communicated at the May 23`d meeting. President Hartstein stated that he made perfectly clear in one-on-one conversations with other attendees that the Village Board did not feel it was appropriate to support the proposal,and he stated that everyone with whom he spoke knew that he was going to abstain from voting. President Hartstein stated that he listened to the entire tape of the May 2151 meeting,and there was no direction to him to explain or convey the thoughts of the Village Board,and he believes that he did what he said he was going to do,and what he was directed to do,which was to abstain. If he did not convey as much as the Village Board would have liked him to,he apologizes for that. Trustee Trilling stated that,although he may not speak as much as others on the Board,he does listen,and it was clear to him from the other people who spoke what needed to be conveyed at the May 23`d meeting,and he is sorry that President Hartstein did not pick up on that. Although he acknowledges that President Hartstein felt passionately about the subject,and he did convey his personal thoughts,he was not there in a personal capacity, but as a representative of the Village, and he would have hoped that he would have conveyed the feelings of the Village Board when they did ask him to abstain from voting. Trustee Berman stated that if President Hartstein walked out of the May 20 meeting and did not understand that the Village Board intended for him not to advocate on behalf of that resolution,then he was the only person in the room that did not understand that. Trustee Berman stated that he had written out his comments beforehand and specifically stated several times that President Hartstein should refrain from further participation and advocacy on behalf of the Mayors' Caucus proposal,and after he spoke,other Trustees indicated their concurrence with his statements. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. VIDEO SERVICES Mr. Brimm reviewed the proposal for video services,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Niemotka. Moved by Trilling,seconded by Kahn,to award bid for video services,referencing memo dated June 18,2007, to Take One Productions for the amount shown on the sheet. 1 11889 06/18/2007 Discussion took place with regard to a cancellation clause,and Mr.Brimm stated that staff will ensure that such a clause is within the agreement. Mrs.Niemotka noted that she had checked references with other communities where Take One Products is currently providing service. Mrs.Niemotka reiterated that this is not a reflection on our current provider,who has done a very good job for the Village,but merely an opportunity to go to the market to see what was available. Trustee Berman stated that he wants to be sure that this is not just a qualified,responsible bidder,but in fact one that staff is comfortable will provide the level of service and quality that the Village has come to expect. In answer to a question from Trustee Braiman,Mark Zyburt of Take One Productions,confirmed that he had blocked the dates for Village Board Meetings are blocked out and they will be available. Mr.Zyburt stated that he has been affiliated with Unique Video Productions,and he gained a great deal of knowledge by working with Ron covering the Village Board meetings. Trustee Braiman thanked Ron and Unique Video for the admirable job that has been done in covering the Village Board meetings, and noted that the Village appreciates all of their efforts. Trustee Glover and President Hartstein also echoed Trustee Braiman's comments about Ron and Unique Video for the admirable job that has been done over the years. Mr. Zyburt again thanked Ron for the knowledge that he has shared with him. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. ADJOURNMENT Moved by Kahn, seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 9:45 P.M. Janet M. irabian,Village Clerk APPROVED BY ME THIS 2nd DAY OF July, 2007 Village Presi ent