Loading...
HomeMy WebLinkAbout2006-01-23 Board MinutesMINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CIVIC CENTER JANUARY 23, 20056 CALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:35 p.m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Dan DiMaria, Roy Kogstad, Rita Minx, Dale Senensky, and Dan Staackmann. III. APPROVAL OF MINUTES a. Regarding the Minutes of the December 12, 2005 Regular Meeting, Trustee Minx moved to approve the Minutes as submitted, dispensing with the reading thereof. The motion was seconded by Trustee Brunner. Trustee Kogstad noted a correction on page 16, paragraph 1, line 6, where it says "50" it should read "50%". Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria aye Tr. Kogstad aye Tr. Minx aye Tr. Senensky aye Tr. Staackmann aye b. Regarding the Minutes of the Special Meeting of January 13, 2006, Trustee Brunner moved to approve the Minutes as submitted, dispensing with the read- ing thereof. Trustee Minx seconded the motion, which passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner aye Tr. DiMaria aye Tr. Kogstad abstain Tr. Minx aye Tr. Senensky aye Tr. Staackmann aye IV. PUBLIC HEARINGS NONE PLEDGE ALLEGIANCE ROLL CALL DEC. 12 BOARD MEETING MINUTES APPROVED JAN. 13 SPECIAL MEETING MINUTES APPROVED Minutes of Janua 23, 2006 Board Meeting V. SPECIAL REPORTS 1. Appointment of New Police Officer Fire and Police Commission Chairman Mike Simkins was pleased to perform the swearing in ceremony for new Police Officer Ryan Adam Melhouse. He said that Officer Melhouse began his service with the Village on January 3, 2006, and as of January 9th was attending the Police Academy. Officer Melhouse is a native of Aurora, IL, and received a Bachelor of Science degree from Western University. He did an internship with the Aurora Police Depart- ment. Officer Melhouse introduced his mother and his girlfriend. The Board welcomed the new officer. 2. Appointment of New Police Sergeant Chairman Simkins introduced Officer Brian Fennelly who was being promoted to Police Sergeant this evening. Chairman Simkins said that the Fire and Police Commissioners never know about the heart and fortitude of its candidates but with Officer Fennelly they know that "he is the kind of person who would literally take a bullet for you... because he has." Chairman Simkins said that Sergeant Fennelly was born and raised in the north suburbs, graduat- ing from Maine South High School in 1990. He attended North Central College where he was a two-time All-American in track and field and graduated with a BA in Accounting. He joined the Morton Grove Police Department in 1999 as a patrol officer, moving to an evidence technician and then a member of the NIPAS mobile field force. As patrol officer, he received 12 departmental honorable mention awards and two departmental commendation awards. Over the past three years, Fennelly has served as a detective. In 2005-2006, he received numerous certificates and awards, including the Cook County Sheriff's Law Enforcement Award of Valor, the Illinois Police Chiefs' Award of Valor, the Illinois Tactical Officers Association Award of Valor, the Chicago Crime Commission's Star of Distinction, and the DuPont Kevlar Survivors Club, all obtained for his actions in serving a warrant in a violent home invasion and armed robbery investigation. The Board and the assemblage joined Chairman Simkins in congratulating Sergeant Fennelly on his promotion. VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Patrick Kansoer noted that, within the last week, there had been a news story about a basketball player who went into the stands to stop a fan he thought was assaulting his wife. The player was subsequently suspended for five games. The point, he said, was that even though this player was a "nice guy", rules are rules, and everyone must play by them. Mr. Kansoer related this story because on tonight's Agenda showed, under the President's Report, Mayor Krier introducing a Resolution. Mr. Kansoer said that Robert's Rules of Order clearly states that the impartiality required of the chairman precludes him from introducing a resolution. Mr. Kansoer was also concerned regarding Resolution 06-10. He said that it seems to be a response to Trustee Kogstad's concerns voiced at the last meeting regarding voting on items listed as a "first reading". NEW POLICE OFFICER SWORN IN NEW POLICE SERGEANT APPOINTED RESIDENT CONCERNED ABOUT RES. 06-10 2 Minutes of Janua 23, 2006 Board Meetin • VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) Mr. Kansoer was concerned because the language in Resolution 06-10 appears to give the Village President "unilateral power to override the Board". He said that the language in Section 5 of the Resolution makes the Resolution a "meaningless exercise in rhetoric" and urged the Board to rework it, and then find someone else to introduce it. b. Raymond Solal wished everyone a Happy New Year because he wasn't at the last meeting. He felt the Board Meeting Minutes of December 12, 2005 should be published in pamphlet form because they show openness on the tax levy discussion. Mr. Solal was also requesting disclosure of a 2006 proposed agenda with new goals. He said the current agenda shows nothing progres- sive, just "business as usual". He wanted to see a proposed plan of action regarding the cost of the Village's workforce and the status of its social/ economic development plans. Mr. Solal also requested something document- ing the accomplishments of the Police Department in 2005 to justify the hiring of new police officers. He said he had received the 2004 accomplishments from Chief Tasch but that document was outdated. He asked why the Village needed a Police Department workforce of 71.5 people for a population of 22,400. Lastly, Mr. Solal requested that the Board postpone voting on Resolu- tion 06-10. He thought it was "illegal" and requested legal advice on what appeared to be a "bait and switch" maneuver by the Board. c. Chris Arns had several corrections and additions to the December 12th Board Meeting Minutes. He said that comments made by Pam Lundsberg at that meeting had been omitted. Those comments were regarding Corporation Counsel's purchase of land for which the Village is paying $250,000 for infra- structure improvements. The Minutes omitted her question as to when citizens will get answers regarding the "Osco outlot controversy" and her comment suggesting that an open forum on this issue be held. Also omitted was Corporation Counsel Liston's response to a resident who asked about the retail sales obligation of Osco. Her response was that there is nothing in any kind of agreement between the Village and Osco about having retail on the site. That comment was corrected by Trustee Kogstad. Mr. Arns said that it was an important comment to include. Another missing comment was one made by Trustee Senensky, asking Corporation Counsel if she thought there was any violation of the law or any ordinance in her own behavior, and suggesting that she was free to investigate herself. Mr. Arns thought that was important and should be in the Minutes. Mr. Arns said that his comments regarding federal and state funds supposedly slated for Dempster Street, and the potential for higher densities for developments on Dempster Street may enjoy were also omitted. Mayor Krier told Mr. Arns again that the Minutes are not verbatim, there is not a court reporter taking the Minutes, and suggested to him that he submit his comments in writing so that they can be attached to the Minutes. Mr. Arns said he would take that under advisement but felt that "it's a shame it has to be that way." RESIDENT WANTS TO SEE POLICE DEPT. 2005 ACCOMPLISH- MENTS RESIDENT CONCERNED ABOUT INACCURACY OF BOARD MEETING MINUTES 3 Minutes of January 23, 2006 Board Meetin. VII. PRESIDENT'S REPORT 1. Mayor Krier asked for concurrence on three appointments. He said that all three could be covered by one motion. • To the Appearance Commission, Andrew Shimanski. Mr. Shimanski is a University of Illinois graduate with a Masters in Architecture. He approached Mayor Krier a few months ago, saying that he'd like to be involved in the Village, preferably on the Plan Commission because he had experience dealing with Plan Commissions. An opening came up on the Appearance Commission, and Mayor Krier discussed offering it to Mr. Shimanski with Deana Gotta, who chairs the Appearance Com- mission. She met with Mr. Shimanski and was then very supportive of him being appointed. Mayor Krier then offered the appointment to Mr. Shimanski, who accepted. • To the Economic Development Commission, a man who, according to Mayor Krier, "needs no introduction", Larry Gomberg. Mr. Gomberg is a former trustee who has always been willing to help his Village. Mayor Krier said he gave Mr. Gomberg "a lot of credit" and thought it was great that he still wanted to be involved, even after a tough election. • To the Traffic Safety Commission, George Kochikaran, a man who "volunteers all over". He will be filling the term of Lester Brownstein. 2. Trustee DiMaria moved to concur with the mayor's appointments of the above - noted individuals. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria ave Tr. Kogstad afire Tr. Minx aye Tr. Senensky aye Tr. Staackmann Re Next, Mayor Krier introduced Resolution 06-10, Amending Resolution 05-32 to Establish a Policy Requiring a First and Second Reading for Ordinances and Certain Resolutions within the Village. Mayor Krier said that he is not making a motion on this Resolution, just introducing it, so he is not in violation of Robert's Rules of Order. He added that, "It's a shame it's come to this....playing `gotcha'." Mayor Krier said he was very familiar with Robert's Rules and said that they were not meant to tie the hands of the Board. There's nothing wrong with this Resolution appearing under the President's Report. Mayor Krier said that this was an excellent piece of legislation first introduced by Trustee Staackmann. The Board passed it, and subsequently, there was some confusion about when there should be a first and second reading and when only one reading was needed. Trustee Kogstad had some questions and raised some good points, so Mayor Krier decided the Resolution needed to be reworked. Some of Trustee Kogstad's suggestions were incorporated; others were not. One thing Mayor Krier specifically wanted to address was the language in Section 5, which states: "Nothing in this resolution shall be construed to invalidate in any way any resolution or ordinance that is passed or adopted contrary to this resolution." APPOINTMENTS TO APPEARANCE COMMISSION ECONOMIC DEVELOPMENT COMMISSION TRAFFIC SAFETY COMMISSION RES. 06-10 AMENDS RES. 05-32 WHICH ESTABLISHED A FIRST AND SECOND READING POLICY FOR ORDINANCES AND CERTAIN RESOLUTIONS 4 Minutes ofJanua 23, 2006 Board Meetin • VII. PRESIDENT'S REPORT (continued) Mayor Krier said it was interesting to note that the State of Illinois had just up- dated its Open Meetings Act and put it on their Web site, with similar language to indicate that "it's not an illegal meeting if it didn't get on there." Mayor Krier said the point of the language is to protect the Village from litigation. One of Trustee Kogstad's points was that, previously, it was confusing as to when there should be a first and second reading. Now it's clarified—all ordinances have to go through a first and second reading. Resolutions don't need a first and second reading but they can go through that process, on a case-by-case basis, if the Board so desires. Mayor Krier said this isn't the first time the Board is seeing this Resolution. It's also been posted on the Web site so residents could comment on it. The mayor said he's very frustrated because of the implications that the Board isn't "open". He said the Board is "very open", adding that it allows two separate times for residents to comment during Board Meetings. One time is for resi- dents to comment on items on the Agenda, so if they have concerns, they can express them before the Board takes action on any particular item. He said the Board is as open as possible. The intent of this legislation is to be open, but not to interfere with the "flow" of Village business. He said the Board does not want to "micro -manage". Mayor Krier said this was good legislation when it was first introduced and passed, but it's even better now. He added that, going forward, the Board will use the terms "introduce" to bring legislation up and "postpone" instead of "table", because items can be discussed even if they've been postponed. Trustee Staackmann moved to adopt Resolution 06-10, seconded by Trustee Minx. Trustee Staackmann said that when he first introduced this legislation, it wasn't meant to confuse, it was meant to be an additional information source for the residents, and to give the Board some additional time to think about the legisla- tion and to get feedback from the residents. It is not something that's required by Robert's Rules—it's a Board privilege, as is allowing residents to speak. Trustee Brunner said that she was glad that the legislation had been reworked and was clearer now. She said that, after Trustee Kogstad's comments at the last Board meeting, she had researched the Open Meetings Act, and felt that, because the Legislative Summaries of each ordinance and resolution were posted on the Village's Web site, and because those summaries often indicated whether or not there would be a first reading, she felt that sufficiently met the requirements of the Open Meetings Act. She agreed with Mayor Krier that the Board is "not trying to hide anything". Trustee Kogstad wondered if there could be a first reading on this particular resolution. Mayor Krier suggested he make a motion to postpone taking action on this. Trustee Kogstad said that he wanted to leave this open for two weeks because it wasn't posted on the Village's Web site until this past Sunday at the earliest. He said he wanted some time to be able to discuss his concerns with his fellow trustees and Corporation Counsel. Trustee Kogstad therefore moved to postpone taking action on Resolution 06-10 until the next Board Meeting so that residents could review it and so that he could forward his con- cerns to his fellow trustees and counsel. The motion died for lack of a second. 5 Minutes of Janua 23, 2006 Board Meetin VII. PRESIDENT'S REPORT (continued) Trustee Staackmann asked Trustee Kogstad whether, instead of postponing taking action tonight, he would be amenable to discussing his concerns now. Trustee Kogstad said that one of his concerns had to do with Section 5. He felt he needed more time to look at it and also wanted to see what kind of language the State uses. He said he was concerned about this section be- cause it's different language than what's in the ordinance it's amending. Trustee Kogstad felt that the language in Section 5 of Resolution 06-10 allows the Board to do whatever it wants. He felt that the purpose of this resolution is to give information to the public. Trustee Kogstad said that even this discussion was a perfect example—residents should have more time to review these things. Mayor Krier said that he did not have language from the State—he was referring to what the State does/says on its Web site. He reiterated that the language simply protects the Village from someone saying than action taken by the Board should be invalidated because there wasn't a first, or a second, reading. Trustee Staackmann pointed out that, once passed, the Resolution could be amended by Trustee Kogstad at any time under the "Other Business" part of the Board Meeting. He said that all legislation is "amendable—you just have to follow the process." Trustee Kogstad said that he likes to "do it right the first time". Trustee Staackmann said the intent of this legislation was to put ordi- nances and resolution on the floor and vote on them two weeks later unless there was a compelling reason to vote on them on the same night they were introduced. The intent wasn't to make it (the process) this complicated. Trustee DiMaria said that the Mayor has said that Trustee Kogstad doesn't call him to discuss his concerns about any resolution or ordinance. He said that when he has concerns, he calls the Mayor or Corporation Counsel to discuss them. He disagreed with Trustee Kogstad's "last minute tactics" and suggested instead that the Trustee have a more open line of communication with his fellow trustees, the Mayor, and Counsel. He denounced Trustee Kogstad's allegations of impropriety regarding Robert's Rules, the Open Meetings Act, etc. Trustee DiMaria said, "All that does is send a message" that makes it seem like the Board isn't open. He said, "We're very open— more so than most Boards." He said that he, personally, was convinced that the Mayor knows what he's talking about when it comes to laws, and he felt that the Village was in compliance. Trustee DiMaria said he'd like to see Trustee Kogstad take the energy he puts into this type of scrutiny and channel it into productivity. Trustee Minx said she understood both Trustee Kogstad's and Trustee DiMaria's viewpoints. She said that her interpretation is that Roberts Rules and the Open Meetings Act are guidelines to govern how the Board operates. She said that, in previous discussions regarding first and second readings, the Board's action regarding the Quint is almost always brought up, because a second reading was waived on that legislation. Time constraints were a factor in having no second reading on that. However, Trustee Minx pointed out, everyone had an opportunity to talk to the people at the Fire Department when the Quint was there, and to review all the specs. 6 Minutes of January 23, 2006 Board Meetin. VII. PRESIDENT'S REPORT (continued) Trustee Minx asked, "What would have changed?" if the Board would have done a second reading on that. She said, "To me, it's nitpicking. If it affects the health, safety, or welfare of the public, I'm for it (waiving second readings). If it doesn't, it's nitpicking and a waste of time." Trustee Staackmann commented that Trustee Kogstad has called him and they've had conversations, but, unfortunately, "the dialogue stopped a while ago." He said that anytime anyone wants to call him, he's available. Trustee Kogstad told Trustee DiMaria to get his facts straight. He said he has called Corporation Counsel, in fact, some of his suggested changes are incor- porated in this resolution. He said there were a number of items that didn't get included because Counsel said there wasn't enough time. He said he wanted a second week so this legislation could be more closely reviewed and so the Board could get additional recommendations. Trustee Kogstad moved to amend Section 3 of the Resolution 06-10 to include language that legislation would "automatically be postponed until the next regular meeting of the Board, or may be passed at the first reading if the majority of the trustees agreed to waive the second reading." His motion died for lack of a second. Trustee Kogstad then moved to amend Resolution 06-10 by removing Section 5 entirely. That motion also died for lack of a second. Mayor Krier called for the vote on Resolution 06-10. Motion passed: 5 ayes, 1 nay. Tr. Brunner an Tr. DiMaria aye Tr. Kogstad nay Tr. Minx aye Tr. Senensky aye Tr. Staackmann a��e VIII. CLERK'S REPORT Clerk Fritzshall had no formal report, but wanted to inform the assemblage that there are a lot of changes in Illinois State Election laws this year. Voter registration ends on February 21, 2006 for the March primary. But after February 21st, there is still a grace period where someone can go downtown to the Clerk's office, register to vote, and cast their ballot at the same time. There is also something new called "early voting". Residents interested in vot- ing in the primary can vote at Village Hall between February 27 and March 16 during regular business hours, including up until 8:00 p.m. on Thursdays. Clerk Fritzshall said that representatives from the County Clerk's office will be at the Civic Center on February 8th at 1:30 p.m. to show people the new optical scan ballot and touch -screen voting machine. Anyone interested in attending must register first. Clerk Fritzshall noted that, if any residents have any questions about voting or registering, they should contact her or they could call Niles Township for more information. RES. 06-10 APPROVED VOTER REGISTRATION NEWS 7 Minutes of Janua 23, 2006 Board Meetin. IX. STAFF REPORTS A. Village Administrator: Mr. Wade reminded everyone that the first Town Hall Meeting of 2006 would be held on January 30`h at the Civic Center at 7:00 p.m. All are welcome to attend. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: Trustee Brunner had no report. TRUSTEES' REPORTS B. Trustee DiMaria: 1. Trustee DiMaria presented Resolution 06-02, Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. For Aerial Photogrammetric Mapping. 2. Trustee DiMaria said that this Resolution had been introduced at the January 9, 2006 Board Meeting. He stated that the Village is a member of the Geographic Information System (GIS) Consortium. Each year, the members of that consortium participate in the collective purchasing of aerial photography services and data. One-fifth of the community is mapped each year so that every five years the data is updated. The data that is obtained includes aerial photography, planimetric information such as buildings and roads, drainage, utilities, vegetation, structures such as fences, decks, pools, and topographic information including contours and spot elevations. Trustee DiMaria said this contract is for an amount not to exceed $25,267. Trustee DiMaria moved to adopt Resolution 06-02. the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner In Tr. DiMaria afire Tr. Minx Lyre Tr. Senensky 2y2 Trustee Brunner seconded Tr. Kogstad afire Tr. Staackmann aye Next, Trustee DiMaria introduced Resolution 06-06, Authorization to Execute a Contract with Arbor Green for the 2006 Tree Trimming Program. He explained that, each year, the Public Works Department identifies Village - owned trees and trees located in Village rights-of-way which need to be trimmed to remove obstructions and to promote the healthy growth of trees. TOWN HALL MEETING ANNOUNCED RES. 06-02 AUTHORIZES PROFESSIONAL SERVICES AGREEMENT FOR AERIAL PHOTO- GRAMMETRIC MAPPING RES. 06-02 APPROVED RES. 06-06 AUTHORIZES CONTRACT FOR 2006 TREE TRIMMING PROGRAM 8 Minutes ofJanua 23, 2006 Board Meeting X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) 3. 4. The contract is estimated to be $26,243.92, but since this a "unit price" contract, the final contract amount will be based on the actual quantity of work performed. Trustee DiMaria moved to adopt Resolution 06-06. Trustee Minx seconded the motion. Mayor Krier said he knew the Village has used Arbor Green in the past and thought there had been some problems with them. Trustee DiMaria said that there was never a problem with the quality of their work, but there had been some communication problems between the field workers and the job foreman. Trustee DiMaria said that Director of Public Works Andy DeMonte has met with Arbor Green to ensure those problems don't reoccur. He added that Arbor Green was the low bidder by almost $13,000. Mayor Krier called for the vote on Resolution 06-06. Motion passed: 6 ayes, 0 nays. Tr. Brunner up Tr. DiMaria up. Tr. Kogstad aye Tr. Minxacre Tr. Senensky aye Tr. Staackmann aye Next, Trustee DiMaria introduced Resolution 06-07, Authorizing the Execution of a Contract with Lyons Electric Company for 2006 Maintenance of Street Lighting and Traffic Control Signal Units Program. He explained that, each year, the Village contracts with an electrical contractor to assist in the maintenance of street lights and traffic control signals within the Village. This contract is estimated to be $22,795.20 and will be paid out of MFT funds. Trustee DiMaria moved to accept Resolution 06-07, seconded by Trustee Senensky. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. DiMaria aye Tr. Kogstad aye Tr. Minx aye Tr. Senensky up. Tr. Staackmann a� Trustee DiMaria then presented Resolution 06-08, Authorizing the Execution of a Contract with G&L Contractors, Inc. for the 2006 Material Hauling Program. Trustee DiMaria explained that the 2006 Material Hauling Program is necessary to haul mixed fill material and to furnish FA2 (sand) and CA6 (stone) material for the Village. Each year, the Public Works Department bids out and contracts with a material hauling contractor to assist in the hauling of materials to and from the Public Works facility. G&L Contractors was the low bidder in the amount of $119,250. Again, this is a unit price contract, so the final contract amount will be based on the actual quantity of work performed. Trustee DiMaria moved to approve Resolution 06-08, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner aye Tr. DiMaria abstain Tr. Kogstad Tr. Minx Tr. Senensky aye Tr. Staackmann aye RES. 06-06 APPROVED RES. 06-07 AUTHORIZES CONTRACT FOR 2006 MAINTENANCE OF STREET LIGHTING AND TRAFFIC CONTROL SIGNAL UNITS PROGRAM RES. 06-07 APPROVED RES. 06-08 AUTHORIZES CONTRCT FOR 2006 MATERIAL HAULING PROGRAM RES. 06-08 APPROVED 9 Minutes ofJanua 23, 2006 Board Meetin X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) 5. Lastly, Trustee DiMaria introduced Resolution 06-09, Authorizing the Execution of a Contract with Arrow Road Construction Company, Plote Construction, Inc., and Builders Ready Mix Company for the 2006 Material Purchasing Program. He explained that the Material Purchasing Program is necessary for the main- tenance of Village streets, and includes the purchase of bituminous concrete, bituminous patch material, and portland cement concrete. The Arrow Road Construction contract is for bituminous concrete in the amount of $30,063. The Plote Construction contract is for bituminous patching mixture in the amount of $8,526. The Builders Ready Mix Co. contract is for furnishing Class SI concrete in the amount of $49,432.50. Each contract is a unit price contract, so the final amounts will be based on the actual quantity of materials delivered. Trustee DiMaria moved to adopt Resolution 06-09. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner au Tr. DiMaria Tr. Kogstad a� Tr. Minx Tr. Senensky Tr. Staackmann aye C. Trustee Kogstad: Trustee Kogstad presented Ordinance 06-01, An Ordinance Granting a Special Use Permit to Allow a Parking Variation For the Property Located at 9133 Waukegan Road. This would grant a Special Use Permit to a dental practice which is expanding. The expansion will cause them to be one parking space short of what is required under current Village Code. Trustee Kogstad moved, seconded by Trustee Brunner, to adopt Ordinance 06-01. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner aye Tr. DiMaria Tr. Kogstad abstain Tr. Minx Tr. Senensky Tr. Staackmann aye Trustee Kogstad said he was recusing himself from the vote because this involves his family dentist. D. Trustee Minx: Trustee Minx had no report. E. Trustee Senensky: Trustee Senensky had no report. RES. 06-09 AUTHORIZES CONTRACT FOR 2006 MATERIAL PURCHASING PROGRAM RES. 06-09 APPROVED ORD. 06-01 GRANTS SPECIAL USE FOR 9133 WAUKEGAN ROAD ORD. 06-01 APPROVED 10 Minutes of Janua 23, 2006 Board Meetin X. F. Trustee Staackmann TRUSTEES' REPORTS (continued) Trustee Staackmann presented Ordinance 06-02, Accepting the Plat of Dedication for the Theobald Road Right -of -Way. He explained that this ordinance would formally accept a plat of subdivision for a parcel of property within the Theobald Road public right-of-way. This ordinance is required so that the plat of dedication can be properly filed with the Cook County Recorder of Deeds. Trustee Staackmann moved to approve Ordinance 06-02. Trustee Minx seconded the motion. Tr. Brunner afire Tr. DiMaria aye Tr. Kogstad aye Tr. Minx Tr. Senensky Rys Tr. Staackmann gys Xl. OTHER BUSINESS NONE XII. WARRANTS Trustee Kogstad presented Warrant Register, which totaled $1,184,055.65. He moved to approve the Warrants. The motion was seconded by Trustee Brunner. There was no further discussion. Motion passed: 6 ayes, 0 nays. Tr. Brunner An Tr. DiMaria Tr. Kogstad gyg Tr. Minx are Tr. Senensky ave Tr. Staackmann ave XIII. RESIDENTS' COMMENTS a. John Thill came before the Board as someone who's been fighting for trees for 10 years. He said that what he's seeing in the Village now is really disturbing. Mr. Thill cited the 8700 block of Central. There is a construction site there and the developer has "clear-cut" the property, taking down two major trees in the back yard, and cutting the branches off the trees on the north and the west property lines and in the parkway. He said he has asked the Board to protect trees on private property—or at least on land being developed. He said that the new owners should be given an opportunity to decide if they want to keep the trees or not. Mr. Thill asked the Board again to please protect the trees, before there's nothing left to protect. Mayor Krier thanked Mr. Thill for his efforts and pointed out that, since the formation of the Natural Resources Commission, over $2,000 in fines have been issued, a sign that the Village is getting more aggressive in enforcing its current ordinances with regard to trees. He said that the Village needs an ordinance covering protection of trees on public property first, which the Commission is working on. When that's done, he said, then the Commission can work on an ordinance protecting trees on private property. Mayor Krier said that one will need a lot of discussion. ORD. 06-02 ACCEPTS PLAT OF DEDICATION FOR THEOBALD ROAD ROW ORD. 06-02 APPROVED WARRANTS APPROVED RESIDENT CONCERNED ABOUT ONGOING TREE CUTTING 11 Minutes of Janua 23, 2006 Board Meetin XIII. b. RESIDENTS' COMMENTS (continued) Mr. Thill asked Mayor Krier if he could issue a proclamation restricting contrac- tors from cutting down trees. The mayor said he didn't think the Village was read to say it was legislating private property. Mr. Thill argued that the Commission needs time to develop these ordinances. He asked for six months of protection for trees while the ordinances are being developed, commenting, "Why have an ordinance if there are no trees to protect?" Patrick Kansoer responded to Mayor Krier's comments about using Robert's Rules of Order as a "gotcha". He said that he had never said Robert's Rules are "required". He clarified that what he said was that rules are important and should be followed, and if elected officials don't need to follow the rules, how can we expect those who are subject to those rules to follow them? Mr. Kansoer agreed with Mr. Thill that there is a need for protecting Village trees against the clear -cutting and over -cutting that's going on now. He said that he had asked the Board last summer for a moratorium on tree cutting. He urged Mayor Krier to put a stop to it by Executive Order. Mr. Kansoer also lamented the loss of Super Cup, a coffee shop which closed recently. He said it was more than a coffee shop, it was a place to get to- gether and discuss issues. People of differing points of view gathered there; it was like a perpetual town hall meeting. He said the operation would be missed. Mr. Kansoer noted that the Cook County Board is considering a ban on smok- ing public places. He said that Morton Grove, even though it is a home rule community, would have to comply with that ban. Mr. Kansoer felt the Village should be proactive and pass its own comprehensive smoke-free ordinance. An ex-smoker, Mr. Kansoer provided some facts about second-hand smoke. He urged the Board to prepare and pass a comprehensive smoke-free ordinance and to publicly support it. He suggested too, that the Board go a step further and consider banning the sale of tobacco products within Village limits, as Elk Grove Village is currently contemplating. Mr. Kansoer said that the 20% tax hike should provide a cushion that would cover any loss of sales tax revenue should tobacco sales be prohibited. Mayor Krier said he agreed with Mr. Kansoer about the loss of Super Cup but said its proprietor had indicated she wanted to return to the corporate world. He said there are things the Village needs to do to be proactive, and said he had just had a very good meeting regarding developing the Lehigh -Ferris TIF area. Regarding the smoking ban, Mayor Krier said it is a "hot topic" with his fellow mayors. He said the State is looking at, and locally, Trustee Brunner and the Environmental Health Board are looking at it. Mayor Krier said that, personally, he would prefer a County -wide ban, saying that it would be more fair. He said the Village of Schaumburg surveyed its residents about a smoking ban, and Morton Grove might take that route also. RESIDENT SEEKS SMOKING BAN IN VILLAGE 12 Minutes of Janua 23, 2006 Board Meeting XIII. c. RESIDENTS' COMMENTS (continued) Bill Luksha thanked the Public Works Department for doing another fine job with the recent snow. Mr. Luksha said he wanted to propose an ordinance, in part based on recent news stories about corruption and reform. He said that, in Morton Grove, before the election, some groups that had received economic development "payouts" had donated to the Action Party. His ordinance would ensure that no contributions could be taken from groups that had received economic development assistance from the Village. Mayor Krier pointed out that the Village has a very strong ethics ordinance for elected officials, but it's up to the political parties themselves as to whether or not they would take certain donations. He thought it was a good idea, though. Mr. Luksha said that he is a real estate professional and had an open house over the weekend and ended up getting a ticket for his sign being up too long. He said he drove up and down Dempster and Waukegan and there are signs all over for Concord Homes and for developments in Glenview. Mayor Krier said it's a matter of enforcement. He said the same thing happens with people who leave garage sale signs up too long. Mr. Luksha said he had two clients who had been interested in the Osco outlot. He called Susan Mertz at Albertson's and was told that the property was ap- proximately 22,000 square feet and the sale price was $50 per square foot. He said that his analysis of other similar parcels on Dempster made him think that Osco should be asking about $80 or $90 per square foot for the outlot. He said that, in the interest of integrity and trust in the Village, and because this parcel had been improved partly with taxpayer dollars, it would be helpful to everyone to understand what's going on there. Mr. Luksha pointed out that the Board members had taken an oath to uphold all Village ordinances, especially the ethics ordinance. He felt that they should "look into this and clear the air." Trustee Staackmann asked Mr. Luksha if he had been quoted a higher price than the property sold for. He responded that he was first told it was $50 per square foot, then was told it was $80 per square foot but there was a deal pending so they wouldn't even talk about it. Trustee Staackmann asked if Mr. Luksha had made an offer or had in any way been restricted from buy the property. Mr. Luksha said that he had clients interested in the property, but he did not have an offer on the table. Mayor Krier said he could tell everyone that the purchase price was $900,000. Mr. Luksha said that, at the quote of $50 per square foot, the price would have been $1.1 million dollars, so it was sold for even less than $50 per square foot. Furthermore, the property wasn't publicly displayed (no real estate signage), no broker was actively working it; and it was not in the Northern Illinois multiple listing service. Corporate Counsel Liston asked Mr. Luksha how he knew to call Susan Mertz. He responded that he just called Jewel in Melrose Park and was directed to her. She said that anyone interested in that property could have done exactly the same thing. She said that the property was under contract to someone else for the better part of 2004. It was marketed by a real estate company, and it RESIDENT CONCERNED ABOUT ELECTION CAMPAIGN DONATIONS Osco PROPERTY PURCHASE DISCUSSED 13 Minutes of Janua 23, 2006 Board Meetin XIII. d. RESIDENTS' COMMENTS (continued) also appeared on the Village's Web site, in the listing of available sites for development. Anyone could have called and talked to Susan Mertz, who is the Vice President of Real Estate for Albertsons. She said she made an offer in October in 2004, and offered the full asking price. Osco wouldn't even accept a letter of intent until she hired an architect to show what would be on the site. Ms. Liston said she talked to Ms. Mertz who told her that she never gives information about price over the phone. She said it took six months to get Osco to accept a letter of intent, let alone a contract. She said that if Mr. Luksha is inferring that there was a "deal" on the price, Osco didn't tell her the terms of their prior contract, but she felt that the purchase price in that deal was also $900,000. Ms. Liston said there are a lot of properties on Dempster. One thing about Osco is that they are very particular about what's next to them, about how the property is going to be used. She said there are some very restrictive covenants on that parcel. The length of time it took for the property to be sold speaks to Osco's carefulness in considering a prospective purchaser. Ms. Liston said she dealt with Osco's attorneys, who came from Idaho and elsewhere. They didn't care that she was the Corporate Counsel for the Village. She told Mr. Luksha, "If you're inferring that there was any kind of deal or price break because I was a member of the Board or am now Corporation Counsel, then you're accusing e of being unethical and you're inferring and accusing Osco of doing something wrong." She said she didn't speak out about this prior to the closing on the property because she has partners and she didn't want to jeopardize anything for them. Mr. Luksha asked again, why was the purchase price so low. Ms. Liston responded that the price was their asking price as of September or October of 2004. She said it's not a deal, it's a fair price. Mr. Luksha said he felt it was an unwise procedure to have Village employees buy property in the Village, especially properties like this. "It smells unethical," he said. Ms. Liston asked, "Are you saying Village employees shouldn't own property in Morton Grove? We are stakeholders in this Village should Trustees not live here or own a home?" She wondered if Mr. Luksha was asking for people who don't care about the community to be Village employees. Chris Arns said he agreed with Mr. Luksha. He said that's not to say that employees shouldn't live in the Village, just that they shouldn't purchase properties that have been developed, in part, with Village money. It looks bad. Mr. Arns wondered if any of the restrictive covenants Corporation Counsel had mentioned prohibited retail establishments going in on that parcel. He stated that this has the appearance of conflict of interest—even Mayor Krier is on record saying that—and is in violation of the Village's ethics ordinance. Mayor Krier said that he has told Corporation Counsel that she has the right to buy the property. There is nothing in the ethics ordinance that doesn't allow it. He said that he told her that he, as a public official, wouldn't do it, because of the climate we live in today. Mayor Krier said, "People put a spin on things. The ordinance doesn't preclude it and it's not illegal." He told Mr. Arns, "Show me where it's a violation." Mr. Arns responded that the ethics ordinances only requires "an appearance" of conflict of interest. He pointed out that, in a RESIDENT THIKS PROPERTY PURCHASE LOOKS BAD 14 Minutes of Janua 23, 2006 Board Meetin XIII. RESIDENTS' COMMENTS (continued) May 15, 2005 article in The Bugle, Mayor Krier is quoted as saying that it has the appearance of a conflict of interest. Mr. Arns wondered why the Mayor was not enforcing the ethics ordinance. He added that "retail sales in a second establishment was a pre -condition of the redevelopment agreement." Corporation Counsel Liston said that there is nothing in the redevelopment agreement that requires retail sales. Mr. Arns asked why the Village is paying Osco $250,000. Ms. Liston explained that the Village has a revenue-sharing agreement with Osco. The agreement gives Osco the ability to share in sales tax revenue they bring in over and above the sales taxes that were being generated at the site prior to redevelopment. It's an incentive for Osco to bring in more sales tax. She chastised Mr. Arns for "saying things over and over and over again" so that people will think, "I've heard this enough times, there must be something to it." Ms. Liston said, "You've done this with the revenue-sharing agreement with The Woodlands, alluding to something illegal or under the table possibly happening there. There's not a scintilla of truth to that statement and you've never brought any proof of it; you just keep throwing out accusa- tions." She said that Mr. Arns has been throwing out comments ever since she first mentioned to people that she was interested in the Osco property— comments that imply there's something wrong, without saying what exactly that is. Mr. Ams suggested that Ms. Liston make "a full disclosure" of her dealings regarding that property. Mr. Arns said, regarding the Open Meetings Act, that it's for the benefit of the Trustees. It's not merely a "guideline", it's a State Statute that the Board must follow. He suggested that Trustee Kogstad had "unearthed something" and that's why the Board revised their first -reading policy. Mr. Arns asked Trustee DiMaria if he had a family relationship with anyone at G&L Contractors and if so, why didn't he disclose it. Mayor Krier told Mr. Arns, "This isn't a court of law." Trustee DiMaria said that he abstained from voting on Resolution 06-08 because he didn't want any "appearance" of conflict of interest, stating that he does own some properties in Skokie with Mr. Batista of G&L. Mr. Arns asked why Trustee DiMaria hadn't made that public when he abstained. Trustee DiMaria asked Mr. Arns why he he was interrogating him. He told Mr. Arns that he answered his question, in spite of the fact that he doesn't have to disclose that type of information. Mr. Arns said that the bottom line is the appearance of conflict of interest. Trustee DiMaria assured him that, going forward, he would explain why he's abstaining from voting. Mayor Krier said there's no place as "open" as Morton Grove; he's talked with other mayors and they're amazed. Trustee DiMaria and Trustee Staackmann, even though they ran with Mayor Krier's opposition, also often come to the Mayor's office to discuss things with him. Mayor Krier said, "We work together with no animosity" although he added, "We often disagree." e. Samina Hussain spoke on behalf of School District 67's PTA to thank the Village Departments, especially Chief Friel and Captain Porter of the Fire De- partment, and Deputy Chief Erickson of the Police Department, for their participation in an upcoming event at the school and for their support. 15 Minutes of Janua 23, 2006 Board Meeting XIII. f. RESIDENTS' COMMENTS (continued) Ms. Hussain also mentioned that, at Golf and Nashville, the street sign is blocked by trees. She said she wasn't sure if it was private property or not, and wondered if there was anything the Village could do. Ms. Hussain asked about the status of the homes on Beckwith and Natchez. Mayor Krier explained that there is an ownership dispute going on there and legal issues are being worked on. Ms. Hussain gave a plug to the Community Relations Commission's Poster Contest, noting that the deadline for submission of posters had been extended to February 3'. Ms. Hussain said she wanted to respond to a statement in the newspaper and a statement made at the last Board meeting regarding the prayer services at the MCC. She thanked the Village for trying to work with the MCC to resolve this issue. She said that it seems that things aren't being reflected accurately in terms of what the Mediation Agreement said and what the provisions of the Special Use Permit outlined. The issue was open to interpretation and the Village has been open to revisiting it. She said that, to her, it seemed illogical for one activity in a particular location (the gymnasium) to cease (the prayer services), while other activities (normal gym activities) can continue without an occupancy permit. But she said it's unfair to say the MCC is being deceitful. She said the Village is trying to lend a helping hand, and demonstrating good will by arranging an alternate site for the prayer services. In the meantime, neighbors are calling the police to report that people are praying at MCC. Ms. Hussain felt that was ridiculous, and called it "stooping low" to attack a religious institution. She said she wished the Village and the MCC would come to a conclusion and that other individuals would "try to play fair". Joe Hedrick announced that the annual Memorial Day Parade would be held on May 28, 2006. The Board is welcome. Mr. Hedrick said, regarding the Board's "openness", that he found Mayor Krier's availability on Thursday nights to be very positive and very helpful. Things can be resolved without coming to a Board meeting. He said that he would like to be involved in discussions regarding catering and liquor licenses, clubs, and bars. g. Raymond Solal said, regarding the dissention in the Village over the MCC, that he felt the MCC should comply with the rules. He said that he has been concerned about people's safety and the occupancy limits there. Mr. Solal added that the MCC hasn't been fair and honest regarding the Village's property rights with the Capulina right-of-way. Mr. Solal said the Mayor is "open" but it's a "one-way street. He receives, but gives nothing (no information) back." He said the Village needs to have a proper determination made of who rightfully owns that property. Mr. Solal said that he was disappointed that the Village "steamrolled" Resolution 06-10. He said the Village is suffering from miscommunication. He said that he tries to reach the trustees, but they don't return his phone calls. RESIDENT RESPONDS TO STATEMENTS REGARDING MCC MEMORIAL DAY PARADE ANNOUNCED 16 Minutes ofJanua 23, 2006 Board Meetin • XIII. RESIDENTS' COMMENTS (continued) Mr. Solal asked Trustee DiMaria to help the Board give full communication, including disclosure of cash balances in the banks as of December 31, 2005. He said that people don't trust the Village. He asked for disclosure of the garbage fee parameters, adding that "it's not right" to have to pay for garbage pick-up in advance. He suggested that the Board change the budget and simplify the budgeting software so that they could get "figures that balance". Mr. Solal asked for a "proper agenda" for the January 30th Town Hall meeting. Trustee DiMaria suggested that Mr. Solal talk to Mayor Krier about what should be on that Agenda. XIV. ADJOURNMENT There being no further business to come before the Board, Trustee Minx moved to adjourn to Executive Session to discuss real estate, litigation, and personnel. Trustee Senensky seconded the motion. Motion passed: 6 ayes, 0 nays: Tr. Brunner aye Tr. DiMaria Tr. Kogstad aye Tr. Minx are Tr. Senensky aye Tr. Staackmann Lys The Board adjourned to Executive Session at 10:07 p.m. The Executive Session began at 10:19 pm, In attendance were Mayor Krier, Clerk Fritzshall, Trustees Brunner, DiMaria, Kogstad, Minx, and Senensky. Staff members present included Village Administrator Wade, Corporation Counsel Liston, Finance Director Scot Neukirch, and Economic Development Director Bill Neuendorf. At the conclusion of the discussion, Trustee Senensky moved to adjourn the Executive Session, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria aye Tr. Kogstad ave Tr. Minx are Tr. Senensky aye Tr. Staackmann Lys The Executive Session adjourned at 10:52 pm Trustee Brunner then moved to adjourn the Board Meeting, seconded By Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria afire Tr. Kogstad aye Tr. Minx aye Tr. Senensky aye Tr. Staackmann ave The meeting adjourned at 10:53 pm RESI DENT WANTS SIMPLER BUDGET MEETI NG ADJOURNED Minutes of Janua 23, 2006 Board Meetin. PASSED this 13th day of February, 2006. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky 09/74" Trustee Staackmann APPROVED by me this 13`h day of February, 2006. 1 Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 14th day of February, 2006. gAdd Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 18