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HomeMy WebLinkAbout2006-04-24 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 APRIL 24, 2006 CALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of Allegiance. il. 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 Regarding the Minutes of the March 27, 2006 Regular Meeting, Trustee Minx moved to approve the Minutes as submitted, dispensing with the reading thereof. The motion was seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner ave Tr. DiMaria abstain Tr. Kogstad aye Tr. Minx aye Tr. Senensky aye Tr. Staackmann aye IV. PUBLIC HEARINGS NONE V. SPECIAL REPORTS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) Sandy Hoffman, a 14 -year resident, commented on Ordinance 06-08 (the animal control ordinance). She said that a lot of good work had been done on the ordinance, calling it "tough, but fair". She told the Board that she had had a small dog that had been killed by two larger dogs. Ms. Hoffman suggested a couple of tweaks to the ordinance. One was regarding the limitation on the number of animals an owner can have. She felt that "seven" was arbitrary and PLEDGE ALLEGIANCE ROLL CALL MAR 27 BOARD MEETING MINUTES APPROVED RESIDENT SUGGESTS CHANGES TO ANIMAL CONTROL ORDINANCE Minutes of April 24, 2006 Board Meeting VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) should either be taken out totally or increased to 10. She pointed out that there's a big difference between having three golden retrievers and five chihuahuas. Another change Mrs. Hoffman suggested had to do with an owner's animal going on their neighbor's property. She felt the word "through" should be added to the language about crossing the property line. Another suggestion she had was regarding stray animals at Targe. She felt that seven days wasn't enough time for an owner to retrieve a pet if it happens to get out. There are a lot of shelters and the owner would have to go there in person to identify his/her animal. Ms. Hoffman urged the Board to increase that time limit to 14 days. She also noted that horses in parades, petting zoos, or pony rides seem to be precluded by the ordinance and suggested that the language be reworded to say "licensed by the Department of Agriculture". 2. Sherwin Dubren said that he was asked for input on the ordinance and provided some, but never got any feedback from so doing. Mayor Krier said that he and Mr. Dubren had had a discussion about his input and disagreed with Mr. Dubren's characterization. Mr. Dubren said he had sent an email to Corporation Counsel which had six points he wanted to see in the ordinance and he never received a response. Corporation Counsel Liston said she had emailed him a response on April 13th. Trustee Brunner said that she also planned to respond to Mr. Dubren's points during the presentation of the ordinance this evening. Mr. Dubren said he had said in his email that the insurance requirements in the ordinance are not high enough, and there's nothing stating what happens in a "worst case" scenario, i.e., if a person is killed by an animal. He felt it should be a possible criminal offense and the owner should be liable. Mayor Krier said there is a provision in the ordinance that the Police Department must investi- gate all "unprovoked attack" cases. The ordinance is based on State statutes. Mr. Dubren said that if an owner is found to be irresponsible, the penalty should be more than just a requirement to carry liability insurance. He felt that if there was a criminal component, it might be more of a deterrent. Mayor Krier assured him that if a crime was committed, the owner would be prosecuted. He said the ordinance is trying to be fair, balanced, and enforceable. 3. Nancy Lanning read a letter from Linda Ward, a friend of hers who said that there are three rottweilers in the neighborhood who attacked her mother's dog as a pack. Her son broke it up with a baseball bat, but the dogs continue to dig holes under the fence by her house. Her mother can't enjoy her yard any more because the dogs constantly slam against the wooden fence. The letter urged the Board to pass the ordinance so that her mother could be safe. 4. Valerie said that her mother also lives on Ferris, behind the home where the rottweilers live. She said she has spoken to Deputy Chief Erickson about the dogs. Apparently the owner breeds rottweilers and when he was told he couldn't have that many animals on his premises, he passed one down to a neighbor down the block. She said she's seen the unleashed dogs going through the alley, and is very concerned about them, especially when her mother's outside with her 7 -month old daughter. RESIDENT STILL FEELS ANIMAL CONTROL ORDINANCE ISN'T STRONG ENOUGHT RESIDENT CONCERNED ABOUT ROTTW EI LE RS ON FERRIS AVE RESIDENT ECHOES CONCERNS 2 Minutes of April 24, 2006 Board Meetin • VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) 5. Chris Arns complimented Pequods and said he hoped the Board would help the owner, who was in attendance this evening. He noted that a recent Caucus Party newsletter requested resumes of those people interested in serving on a Village commission or committee. However, the announcement appears at the bottom of the donation form page. He was troubled by this and felt that this sent the wrong message, that there was a connection between contributions and appointments. There was no reference in the Village news- letter or posted at Village Hall about looking for volunteers. Mayor Krier said that politics doesn't belong here. He also said any time the Board can help businesses in the Village, they are willing to do so. VII. Mayor Krier had no report. VIII. IX. A. Village Administrator: Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: PRESIDENT'S REPORT CLERK'S REPORT STAFF REPORTS Clerk Fritzshall had no report. TRUSTEES' REPORTS Trustee Brunner presented Ordinance 06-08, Amending Title 6, Chapter 4 of the Municipal Code of Morton Grove, Entitled "Animal Control". This is the second reading of this ordinance. Trustee Brunner said that this ordinance had been diligently reworked and reviewed by many Village departments. She then moved to approve Ordinance 06-08, seconded by Trustee Minx. Discussion then began. Trustee Brunner addressed Mrs. Hoffman's comments and suggestions. She said that, regarding increasing the number of animals allowed, Bonnie Burnett, Village Sanitarian, has spoken to other municipalities about their limits. Skokie and Niles allows 2, Park Ridge allows 3, and Glenview allows 10. RESIDENT TROUBLED BY POLITICAL LITERATURE ORD. 06-08 AMENDS TITLE 6 CHAPTER 4 OF MUNICIPAL CODE ENTITLED ANIMAL CONTROL ADDRESSES RESIDENTS' SUGGESTIONS AND CONCERNS 3 Minutes of April 24, 2006 Board Meeting X. TRUSTEES' REPORTS (continued) A. Trustee Brunner: Morton Grove's current ordinance allows 4 animals. In the updated ordinance, 7 will be allowed, based on lot sizes. Trustee Brunner didn't think the Village should change it. Regarding the provision about an owner having 7 days to pick up his animal if it gets loose, Trustee Brunner explained that the Village has to bear the expense if the animal is not picked up within 7 days. Last year the Village paid over $3,000 in fees. It's up to the owner to contact the animal hospital; the hospital can keep the animal for more than 7 days and bill the owner, if the owner contacts the hospital. As far as prohibited species, state law says any constricting animal over 6 feet is prohibited. Glenview prohibits boa constrictors totally. Trustee Brunner said that, on page 5 of the ordinance, section 6-4-5-d addresses petting zoos, pony rides, etc. Regarding Ms. Hoffman's suggestion to add the word "through" to the 'crossing the property line' language, Trustee Brunner agreed and said she will propose an amendment to the ordinance to include that. Regarding Mr. Dubren's email, Trustee Brunner said that he had written that he felt the updated ordinance's "dangerous" and "vicious" language was arbi- trary with no clear distinction between the two groups. She said there is a defi- nite distinction between the two. The updated ordinance calls for two incidents of an animal being declared "dangerous" (i.e., nipping or growling at someone) before it escalates to "vicious". She said the ordinance is strong on what hap- pens when an animal threatens or harms someone. Another one of Mr. Dubren's emailed suggestions was that animals trained for fighting should be banned. Trustee Brunner said that is covered on page 6 in section 6-4-6-k. Mr. Dubren had also suggested that the ordinance contain a list of potentially dangerous breeds of animals. Trustee Brunner said the Village is not legislating by breed. She mentioned an article she had read to- day about a 10 -pound pomeranian attacking a pit bull as an example of why the Village isn't legislating by breed. Trustee Brunner said she had several amendments she wanted to make to the ordinance. The first amendment was to section 6-4-5-c. She asked that the words "but not limited to" be incorporated in the first sentence, so it would read: "No owner of an animal shall allow his/her animal to cross his or her property line, including, but not limited to, reaching over or under a fence, or to keep or allow such animal to be on an unfenced portion of the owner's property, unless the animal is properly controlled." Trustee Brunner moved to approve the amendment, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner ave Tr. DiMaria a��e Tr. Kogstad ave Tr. Minx pig Tr. Senensky Tr. Staackmann Trustee Brunner's next amendment was to sections 6-4-7-b and 6-4-8-b. She wanted to add back verbiage that had been in a previous draft but had some- how been dropped from the latest version. She moved that the following lan- guage be added to both sections: "If the animal is a dog, the breed of the dog may be probative but not dispositive." She explained that this language means SEVERAL AMENDMENTS TO ORD. 06-08 APPROVED 4 Minutes of April 24, 2006 Board Meeting X. TRUSTEES' REPORTS (continued) A. Trustee Brunner: that, during the course of a police investigation, the breed of the dog can be considered, but it won't be the only factor in determining whether the dog should be deemed "dangerous" or "vicious". Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner an Tr. DiMaria Tr. Kogstad Tr. Minx an Tr. Senensky Tr. Staackmann aye Trustee Brunner next moved to amend the ordinance by adding the following language to sections 6-4-7-b and 6-4-8-b: "During the investigation and/or appeal process of an animal, the animal is prohibited from being given away, sold, or otherwise relocated, without written approval from the Chief of Police or his designee." Trustee Minx seconded the motion. In the ensuing discus- sion, Trustee Brunner said she felt it was the Village's responsibility to know where an animal under investigation is. Trustee Brunner said the ordinance already has language stating that, once an animal is declared vicious, it's the owner's responsibility to notify the Police Chief about where the animal is or where it's going, and to get permission to have the animal relocated. Her amendment basically paraphrases that language so that there is a similar restriction during the investigation / appeal process—prior to the animal being declared vicious or dangerous. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Brunner 2n Tr. DiMaria a Tr. Kogstad aerie Tr. Minx me Tr. Senensky gn Tr. Staackmann a� Trustee Brunner's final amendment was to section 6-4-15-c regarding the permit. She moved to add the words "and until June 1, 2006" to the second sentence so that it would read: "This fee shall be waived for any animal for which a permit has been acquired within 12 months prior to the effective date of Ordinance 06-08 and until June 1, 2006." Trustee Minx seconded the motion. Trustee Brunner said that this addition was to reward responsible pet owners and give them a little more time to acquire a permit at the current $10 fee. Motion passed: 6 ayes, 0 nays. Tr. Brunner ayre Tr. DiMaria Tr. Kogstad a rhe Tr. Minx an Tr. Senenskya rLe Tr. Staackmann Trustee Brunner said she appreciated all the comments and conversations that she's had with Village residents on this issue. The Police Department will now have more recourse. She thanked the Board of Environmental Health, Chief Tasch and Deputy Chief Erickson, Village Administrator Wade, Corporation Counsel Liston, and Sanitarian Burnett for all of their research and assistance in putting together this ordinance. Mayor Krier thanked Trustee Brunner for doing a yeoman's job on it, as demonstrated by her depth of knowledge on it. Trustee Kogstad also wanted to make an amendment to the ordinance. He felt the fines should be increased. For a dangerous animal, it should start at $500, and for vicious animals, it should start at $1,000. For any subsequent violations, the fines should be doubled. Mayor Krier asked Trustee Kogstad where he wanted that in the ordinance. THANKS EVERYONE WHO HELPED IN THIS PROCESS ADDITIONAL ORDINANCE AMENDMENT PROPOSED 5 Minutes of April 24, 2006 Board Meeting X. TRUSTEES' REPORTS A. Trustee Brunner: (continued) Trustee Kogstad said he would work with Corporation Counsel on the location and the exact wording. Trustee Brunner seconded the motion for further discussion. Corporation Counsel Liston asked Trustee Kogstad if he was referring to language on pages 9 and 10, in section 6-4-7-g and 6-4-8-g, which states that, if an animal is determined to be dangerous (or vicious), the owner must pay a $250 or a $500 public safety fee. She said that the public safety fee is in addition to other penalties for ordinance violations, and explained that it's not meant to be a fine, it's more like a fee for the investigation and the Village resources expended on the investigation. Ms. Liston said that fees usually have a basis, such as the costs involved, and suggested that perhaps Trustee Kogstad wanted to strengthen the penalty section on page 17. Trustee DiMaria said he agreed that the fines in section 6-14-16 seemed to be minimal—$75 for a first offense, not less than $100 for a second offense, etc. Trustee Brunner noted that each day constitutes a separate violation so the fines add up quickly. Corporation Counsel asked if Trustee Kogstad's intent was to set a maximum dollar limit on the fines. She said the ordinance only sets a minimum dollar limit. Mayor Krier asked Trustee Kogstad to repeat his amendment. Trustee Kogstad moved to amend the ordinance by doubling the penalties on page 17. Corporation Counsel pointed out that there are many different ways to violate this ordinance, and wondered if it was Trustee Kogstad's intent to have a higher minimum penalty for the more egregious offenses. Trustee Kogstad said he just wanted to double the penalty regardless of the nature of the offense, so that people would take this ordinance seriously. Trustee Brunner asked Trustee Kogstad if he really wanted to charge a $150 penalty for some- one taking a dog off its leash once. She felt that was steep, even though the ordinance is meant to promote responsible pet ownership. Mayor Krier called for the vote. The motion failed: 3 ayes, 4 nays. Tr. Brunner my Tr. DiMaria 2y± Tr. Kogstad Av. Tr. Minx Lay Tr. Senensky y Tr. Staackmann a� Mayor Krier Trustee Kogstad asked for another amendment to the ordinance. He moved to include language stating that "The Village (the Police Chief or his designee) shall have the authority to determine if an animal can be safely kept within the Village boundaries and can require the removal of said animal if it is deemed that fines are not adequate to deter the animal's attacks." Mayor Krier asked where in the ordinance Trustee Kogstad wanted that language. He responded that he wasn't sure of the best place for it, he was just expressing a broad concept. Trustee Brunner seconded the motion for purposes of discussion. Corporation Counsel asked Trustee Kogstad if he was suggesting this as an additional remedy that the Chief has if an animal is determined to be danger- ous or vicious. He responded, yes, if the fines aren't doing the job. AMENDMENT FAILS ANOTHER ORDINANCE AMENDMENT PROPOSED AND THEN WITHDRAWN 6 Minutes of April 24, 2006 Board Meeting X. TRUSTEES' REPORTS A. Trustee Brunner: (continued) Trustee Brunner said she understood Trustee Kogstad's intent and noted that if an animal is considered "vicious", most shelters wouldn't take it in. She did not recommend having this language in the ordinance, saying she was con- cerned about where the animal would be relocated to and how. She added that the Chief does have the right, under this ordinance, to have an animal euthanized or confined, if fines aren't working and if the animal is still causing problems. Trustee Staackmann stated that this ordinance seems to rely heavily on the Police Department's investigation. He suggested that the Board implement the ordinance and fine-tune later, if necessary. He felt the Board should put its faith in the Police Department. Mayor Krier said his point was well taken. Trustee Kogstad said he agreed with Trustee Staackmann and withdrew his amendment. Trustee Brunner withdrew her second. Trustee Kogstad asked what the Village could do if an animal committed a criminal act—what kind of liability would the owner have? Corporation Counsel Liston said the Village has a right to establish ordinance violations, but does not have the right to establish felonies. She said the State statute has provi- sions to make owners criminally liable if an owner has knowledge that his/her animal is dangerous and it attacks someone. The Village's Police Department would investigate and would likely recommend that such an incident go to the State's Attorney for prosecution. There was no further discussion, so Mayor Krier called for a vote on the motion to approve Ordinance 06-08, as amended. Motion passed: 6 ayes, 0 nays. Tr. Brunner Rya Tr. DiMaria Ayl Tr. Kogstad Tr. Minx aye Tr. Senensky Ryl Tr. Staackmann aye Trustee Staackmann clarified that this ordinance will go into effect immediately. Mayor Krier said it would. Trustee DiMaria: 1. Trustee DiMaria presented for a first reading Ordinance 06-13, Authorization to Designate a One -Way Alley Between Ferris Avenue and Narragansett Avenue Within the Village of Morton Grove. He explained that, at the April 6, 2006 Traffic Safety Commission meeting, a resident had requested the one-way alley designation to decrease non -local, through -way traffic. After deliberation, the Traffic Safety Commission recom- mended designating the alley from its mid -alley intersection with a north -south alley to Narragansett Avenue as one-way westbound. ORD. 06-08 AS AMENDED APPROVED GOES INTO EFFECT IMMEDIATELY ORD. 06-13 AUTHORIZATION TO DESIGNATE A ONE-WAY ALLEY BETWEEN FERRIS AND NARRAGANSETT Minutes of April 24, 2006 Board Meeting X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) 2. Trustee DiMaria moved to waive the second reading of this ordinance. Trustee Brunner seconded the motion. Motion passed: 5 ayes, 1 nay. Tr. Brunner gyp_ Tr. DiMaria aye Tr. Kogstad Tr. Minx Tr. Senensky Tr. Staackmann my Trustee DiMaria then moved to approve Ordinance 06-13, seconded by Trustee Senensky. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria aye Tr. Kogstad aye Tr. Minx ap. Tr. Senensky Ay2 Tr. Staackmann aye Next, Trustee DiMaria presented for a first reading Ordinance 06-14, Authorization to Install Parking Restrictions on Capulina Avenue Between Ferris Avenue and Fernald Avenue and on Georgiana Avenue Between Lincoln Avenue and Capulina Avenue Within the Village of Morton Grove. Trustee Senensky said he would like to make some changes to this ordinance. As a point of order, Trustee Kogstad said he felt that there should be a motion and a second before discussion could occur. Mayor Krier asked Corporation Counsel to clarify. Ms. Liston said that the Village's "first reading" resolution is contrary to Robert's Rules of Order. The Village's resolution says that an ordinance comes up for a first reading, at which time it may be discussed, then it is "tabled" to be voted upon at the next meeting, unless the Board decides to waive the second reading. Trustee Kogstad asked if "discussion" could also include amendments. Mayor Krier said he would allow Trustee Senensky to bring up his proposed changes to see if the Board agreed with them, so that when the Board votes on the "final" ordinance, the changes can be included, if the Board so desires. Trustee Senensky said he had had conversations with residents on Georgiana and wanted to suggest two changes to the ordinance. The first change would be to establish the parking restrictions on Capulina from the centerline of Ferris Avenue to the centerline of School Street, rather than Fernald Avenue as is presently written. This change will make it easier for the Fire Department to get its rigs down Capulina. The second change is in the time frame of the parking restrictions. Trustee Senensky suggested that the restrictions be from 6:00 a.m. to 10 a.m., rather than 9:00 as is presently written. Mayor Krier asked if anyone had any objections to having the Village Adminis- trator make these changes so that when this Ordinance comes up for a second reading, the changes will be included. Trustee Staackmann had a concern that this would impact residents on School Street, and they weren't notified as part of the Traffic Safety Commission's normal process. Trustee Senensky clarified that this change is just affecting residents on Capulina Avenue and Georgiana Avenue. Mayor Krier said Trustee Staackmann's point was valid, but pointed out that the Board Meeting will be broadcast four times and the Ordinance, when it comes up for a second reading, will have these changes, so residents will be aware of what's going on. SECOND READING WAIVED ORD. 06-13 APPROVED ORD. 06-14 AUTHORIZATION TO INSTALL PARKING RESTRICTIONS ON CAPULINA BETWEEN FERRIS AND FERNALD AND ON GEORGIANA BETWEEN LINCOLN AND CAPULINA FIRST READING CHANGES SUGGESTED 8 Minutes:of A ri124, 2006`t3oard1Mskin X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) None of the Board had any objections, so Mayor Krier asked Mr. Wade to make sure these changes were included when the Ordinance comes up for its second reading. C. Trustee Kogstad: 1. Trustee Kogstad presented for approval Ordinance 06-09, An Ordinance Granting a Special Use Amendment to Allow a Structure in Excess of Forty Feet for the Property Located at 6901 Golf Road. He explained that this Ordinance will approve a request for additional roof height to accommodate more technologically advanced mixing equipment for Avon Products. Trustee Kogstad moved to approve Ordinance 06-09, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner ave Tr. DiMaria Lyre Tr. Kogstad awe Tr. Minx aye Tr. Senensky aye Tr. Staackmann awe 2. Next, Trustee Kogstad presented Ordinance 06-12, An Ordinance Granting a Special Use Permit to Allow a Non -Contiguous Parking Lot and to Allow a Parking Variance for the Property Located at 6730 Dempster Street. He explained that this ordinance will grant a special use permit to allow for off-site parking and a reduction in required parking for the property at 6730 Dempster Street. It will allow a prospective retail store to use the lot immediately north of the alley adjacent to the property where the building will be constructed as its parking lot, and will grant a parking variation from 20 spaces to 16 spaces. Trustee Kogstad moved to approve Ordinance 06-12, seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. DiMaria awe Tr. Kogstad aye Tr. Minx aye Tr. Senensky aye Tr. Staackmann aye 3. Trustee Kogstad then presented for a first reading Ordinance 06-15, Reallo- cating 2006 Private Activity Bond Allocation of the Village of Morton Grove, Illinois to the Illinois Housing Development Authority (IHDA). Trustee Kogstad moved to waive the second reading of this Ordinance, noting that it must be approved by May 1, 2006 in order to meet state requirements for reallocations. Trustee Brunner seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria acre_ Tr. Kogstad a rhe Tr. Minx are Tr. Senensky aye Tr. Staackmann aye Trustee Kogstad then moved to adopt Ordinance 06-15, seconded by Trustee Minx. He asked Economic Development Director Bill Neuendorf to explain this ordinance for the benefit of the assemblage. ORD. 06-09 GRANTS A SPECIAL USE AMENDMENT TO ALLOW A STRUCTURE IN EXCESS OF FORTY FEET FOR AVON ORD. 06-09 APPROVED ORD. 06-12 GRANTS A SPECIAL USE PERMIT TO ALLOW A NON- CONTIGUOUS PARKING LOT AND TO ALLOW A PARKING VARIANCE AT 6730 DEMPSTER ORD. 06-12 APPROVED ORD. 06-15 REALLOCATES 2006 PRIVATE ACTIVITY BOND ALLOCATION TO ILLINOIS HOUSING DEVELOPMENT AUTHORITY SECOND READING WAIVED 9 X. TRUSTEES' REPORTS (continued) C. Trustee Kogstad: (continued) Mr. Neuendorf said that, each year, as a home rule community, the Village receives from the State an allocation of bonding capacity. If the Village does not use that bonding capacity, it can cede it over to another entity. The Village's first preference is to use this bonding capacity for a local project, but this year, as it has done the past several years, it is ceding its bonding capacity to the Illinois Housing Development Authority to support affordable housing opportunities for low- to moderate -income families. There was no further discussion. Mayor Krier called for the vote. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria Ryt Tr. Kogstad Tr. Minx aye Tr. Senensky aye Tr. Staackmann ay_q Minutes of April 24, 2006 Board Meeting D. Trustee Minx: Trustee Minx had no report. E. Trustee Senensky: Trustee Senensky had no report. F. Trustee Staackmann Trustee Staackmann had no report. XI. OTHER BUSINESS Trustee Kogstad read a prepared statement that outlined some of his concerns about this administration. He said he was saddened to see the Krier admini- stration engage in "pay for play" fundraising, and felt that the Village should be hiring the best qualified candidates for its jobs, commissions, and committees, not just those who donate to the Caucus Party or who are involved in Cook County politics. He felt these positions should have been posted at Village Hall or in the newsletter. Trustee Kogstad said that even the Village's "weak" ethics ordinance includes certain standards, such as the provision which prohibits elected officials from directly or indirectly soliciting, accepting, or receiving any benefit (money, travel, entertainment, etc.) under circumstances in which it could be reasonably inferred that the gift or benefit was intended as a reward for an official action or could be seen as some type of influence in the perform- ance of the elected official's duties. Trustee Kogstad alluded to the just - concluded trial of former governor George Ryan, and how he was found guilty of rewarding his political cronies with lucrative sweetheart deals in exchange for money and gifts. He said that Ryan's lawyer had argued, "It's no crime to ORD. 06-15 APPROVED TRUSTEE CONCERNED ABOUT POLITICAL LITERATURE, GIVES IMPRESSION OF IMPROPRIETY 10 Xl. Minutes of April 24, 2006 Board Meeting OTHER BUSINESS (continued) help your friends," and said that it appeared to him that the Krier administration was out to "help its friends". Trustee Kogstad felt that "marketing" Village appointments was the ultimate conflict of interest. Mayor Krier responded, telling Trustee Kogstad that he's "very self-righteous". He said that it's one thing to make allegations, but where's the proof? He said he wasn't seeking people to fill jobs (paying positions); he was looking for volunteers to serve on Village commissions and committees, and it has been listed in The Exchange. Mayor Krier asked Trustee Kogstad if he could find anyone who's told him that they paid money to get a commission appointment. Trustee Kogstad said that the proof is in the literature that was sent out. He told Mayor Krier that the impression being given was that by donating to the Caucus Party, a person would get an appointment to a committee or a com- mission. Mayor Krier told Trustee Kogstad that when he had the facts to back up his statement, then he could talk, or bring it up to the State's Attorney. He said there was no proof of anything Trustee Kogstad was saying, and told Trustee Kogstad that he was getting close to slander and should shut up. Trustee Kogstad responded that he would never shut up and said he'd keep speaking and defending the people who voted to restore integrity to the Village. Trustee Minx said that Trustee Kogstad was making a mountain out of a mole- hill. Her impression of the literature was that the blurb was added to the bot- tom as a space accommodation. She thought Trustee Kogstad was making a point for the newspapers for his own future political campaign. Trustee Kogstad asked what was the proof of that? Trustee Brunner said that the Mayor, in the Board's weekly packet, has been asking the trustees to recommend people to fill vacancies on the various commissions or committees. She said that Trustee Kogstad can't say he's unaware of this. Trustee Kogstad said he was aware of it, but felt it was wrong to send literature out to the public saying we're hiring for commissions and committees, right next to "please send your money". Mayor Krier said that "spin" has been used in the past, and again, where's the proof? He felt there was nothing wrong with the literature. Trustee Kogstad said he never said that it did happen (that a person received an appointment in return for a donation), but was concerned because "it's out there" for the future. XII. WARRANTS Trustee Kogstad presented the Warrant Register, which totaled $627,169.70. He moved to approve the Warrants, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner an Tr. DiMaria aye Tr. Kogstad aye Tr. Minx yE Tr. Senensky aye Tr. Staackmann aye MAYOR'S RESPONDS WARRANTS APPROVED 11 Minutes of April 24, 2006 Board Meetin. XIII. 1. 2. 3. 4. 5. RESIDENTS' COMMENTS Chris Arns asked Mayor Krier if he really believed that it was okay to have literature asking for donations to be sent to the mayor's home address along with a "help wanted" notice. Mayor Krier said that his address is the address that's on file for the Caucus Party. Mr. Arns asked why the request for people to fill vacancies wasn't posted at Village Hall or in The Exchange. He wondered why the Caucus Party literature was the only place where the "help wanted" was listed. He said the design of the literature gives the impression that there's a connection. Mayor Krier asked Mr. Arns if he could name anyone who has paid to receive an appointment. Mr. Arns responded by saying that Mayor Krier and his administration were elected to "remove the appearance of impropriety and conflict of interest". He said this literature "looks" like a conflict of interest. The mayor and Mr. Arns debated the definition of conflict of inter- est. Mr. Arns concluded his comments by saying, "I'm disappointed." Maggie Zimmer said that she was the Caucus Party secretary, and she had formatted the newsletter. She said the Trustee Minx was correct, it was a matter of lack of room on any other page that necessitated her putting the request for resumes on the same page as the donation form. Sherwin Dubren said that the penalties in the animal control ordinance are set up so that an innocuous violation is penalized at the same rate as a vicious attack. He felt that the penalty scheduled should have different minimum rates depending on the degree of the violation. Nancy Lanning said that she is on two commissions, and commented that the people she serves with on those commissions work very hard. She said she doesn't want there to be a perception that, because she was appointed by former Mayor Scanlon, that means she's pro -Action Party. She said that no one knows what she thinks or how she votes. Mrs. Lanning also thanked Trustee Brunner, Chief Tasch, and Deputy Chief Erickson for their help with her dog problem. David Conrad wondered what the penalty is for Tying under oath during testi- mony at a Plan Commission public hearing. Corporation Counsel Liston re- sponded that perjury is a criminal offense. Mr. Conrad stated that the MCC Tied about their landscape plans. They had stated that the trees on the lot line will be saved and protected through the construction process. He said that didn't happen—one tree was bulldozed altogether; another's root system was destroyed. Dr. Kaiserrudin had said his testimony was the truth, so Mr. Conrad felt that the MCC had perjured themselves. Mayor Krier said the matter would have to be investigated, adding that it was possible that the plans had changed. Mr. Conrad asked him to start an investigation, noting that, if the Police Department can investigate animal attacks, they can investigate this matter as well. RESIDENT DISAPPOINTED RESIDENT FEELS PENALTIES IN ANIMAL CONTROL ORDINANCE SHOULD VARY BY DEGREE RESIDENT CONCERNED ABOUT PROTECTION OF TREES DURING MCC CONSTRUCTION 12 XIII. 6. 7. XIV. Minutes of April 24, 2006 Board Meeting RESIDENTS' COMMENTS (continued) Samina Hussain spoke regarding Mr. Conrad's comments. She said that she had been on the MCC's Expansion Committee, although she was not serving in that capacity any longer. Dr. Kaiserrudin is no longer there either. She said it was possible that the new members of the Expansion Committee were un- aware of this and said she would make sure they were aware. Mrs. Hussain said that she remembered the discussion about saving trees and would make sure to pass it on to the new Expansion Committee members. Raymond Solal spoke regarding the Warrant Register. He said it's confusing and should be simpler. He said the Village needs a better software accounting system. No current payroll summary is included in the Warrants and Mr. Solal said that he's been asking for it, but his requests to date have been ignored. He felt the payroll was about $1 million dollars. He said the March 23rd disclo- sure of cash balances showed that the Village's cash and investments were about $9 million dollars. They were $7 million dollars on December 31, 2005. Mr. Solal reiterated his request to review the solid waste financial assistance program and asked for a suspension of the gas tax. He said he was sorry to see the departure of Scott Neukirk and commented that Steve Drazner should be named the next Finance Director because he is capable and works well with the public. Mr. Solal applauded Trustee Kogstad for recognizing the failure of the Krier administration to uphold its campaign promises. Mr. Solal felt that his comments in the March 27th Minutes were distorted. He felt that this distortion was apparently premeditated and had been done to defame his character and integrity. He said that it was very discouraging for people to speak and have their comments distorted. He asked the Mayor to review the audio tape to see what he's talking about. He asked the Board to authorize a change in the municipal code to allow the public to make comments on the Minutes before they are approved. Mr. Solal said he "protested and contested" the motives of Teresa Cousar. Mayor Krier told Mr. Solal he would not tolerate any personal attacks and asked him how he could know someone's motives. The Mayor and Mr. Solal engaged in a heated discussion before Mr. Solal returned to his seat. ADJOURNMENT There being no further business to come before moved to adjourn the Board Meeting, seconded passed: 6 ayes, 0 nays. Tr. Brunner ave Tr. DiMaria Ayg Tr. Minx are Tr. Senensky Ays,, The meeting adjourned at 9:26 p.m. the Board, Trustee DiMaria by Trustee Minx. Motion Tr. Kogstad Tr. Staackmann ave ave RESIDENT SAYS SHE WILL MAKE NEW MCC EXPANSION COMMITTEE AWARE RESIDENT ASKS FOR PAYROLL INFO TO BE INCLUDED IN WARRANTS FEELS THAT MINUTES DISTORT HIS COMMENTS DELIBERATELY MEEETING ADJOURNED 13 Minutes of April 24, 2006 Board Meetin PASSED this 22ND day of May, 2006. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED by me this 22nd day of May, 2006. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 23rd day of May, 2006. i /7/ l . . ? ' Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 14