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HomeMy WebLinkAbout2006-07-10 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 JULY 10, 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. 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 Regarding the Minutes of the June 12, 2006 Regular Meeting, Trustee Minx moved to approve the Minutes as submitted, dispensing with the reading thereof. The motion was seconded by Trustee DiMaria. Trustee Kogstad noted that he had a correction on page 5, item C. He said that the vote should reflect that he voted "nay". Trustees Minx and DiMaria then amended their motion and second to approve the Minutes as corrected. Motion passed: 6 ayes, 0 nays. Tr. Brunner Tr. DiMaria Ayre Tr. Kogstad aye, Tr. Minx Ae Tr. Senensky aye Tr. Staackmann aye IV. PUBLIC HEARINGS NONE V. SPECIAL REPORTS 1. Swearing In Ceremony for New Police Officer Keith Kamys Fire and Police Commission Chairman Mike Simkins, accompanied by Trustee Senensky and Police Chief Paul Tasch, performed the swearing-in ceremony for new police officer Keith Kamys. Officer Kamys began his employment in Morton Grove on July 3rd, and began attending the Police Academy today. He was born in Chicago and grew up in Niles, graduating from Notre Dame High School. PLEDGE ALLEGIANCE ROLL CALL JUNE 12 BOARD MEETING MINUTES CORRECTED AND APPROVED SWEARING-IN CEREMONY FOR NEW POLICE OFFICER Minutes of July 10, 2006 Board Meetin V. SPECIAL REPORTS (continued) Officer Kamys attended the University of Wisconsin for two years, and gradu- ated from Robert Morris College with an associate degree in Business Man- agement. He is engaged to be married and enjoys playing hockey. Officer Kamys introduced his mother, saying that she has supported him in everything he's done. The Board and the assemblage congratulated Officer Kamys. 2. Presentation of Employee Anniversary Awards Mayor Krier and Village Administrator Wade presented several employee anniversary awards. Those with 20 years of service were Giovanni Sparacio and Al LeHew from the Public Works Department, and Mike Mitchell from the Fire Department. Ted Kobeski from the Public Works Department was recog- nized for his 15 years of service. Paul Yaras of the Police Department and Bonnie Jacobson of the Building & Inspectional Service Department were both recognized for having 10 years of service. VI. RESIDENTS' COMMENTS (Agenda Items Only) 1. Raymond Solal complimented the Fire Department, especially Mike Mitchell, for saving his life back in 1999. He said he received excellent care which was administered proficiently. He thought possibly one of the paramedics who helped him was Mike Mitchell, honored earlier for 20 years of service. Regarding Resolution 06-31 (Authorizing a Settlement Agreement with Larry Bowman), Mr. Solal said he was concerned because of the impact of this decision on the success or failure of the Lehigh -Ferris TIF and on the solvency of the Village as a whole. He was concerned about the amount requested, felt that the wording of the document was "ambiguous", and thought that the finan- cial information contained in the resolution was erroneous. Mr. Solal was also concerned about the cost of demolition and the cost of brownfield remediation. He said he strongly suggested that this be tabled tonight, and brought up at both the Lehigh -Ferris TIF public meeting on July 26th and the Town Hall Meeting on July 31st 2. Sherwin Dubren said he supported what Mr. Solal said, in terms of bringing this agreement up at the TIF meeting on July 26th. He said he was disturbed about the lack of notification to the public, and didn't think the Board had had enough time to think this through fully. Mayor Krier asked Mr. Dubren what basis he had for saying that, and Mr. Dubren replied that it was an assumption. Trustee Kogstad noted, as a point of order, that this is the "Residents' Com-ments" part of the meeting, and shouldn't be a debate. He urged the Mayor to "let the public speak." Mayor Krier pointed out that it's the Mayor's privilege to respond to residents. He told Mr. Dubren to continue, but said he would not let "misstatements" go unchallenged. Mr. Dubren said that he was concerned that the residents did not have enough time to learn the issues and about the cost. He also won- dered why the Village is settling this matter now. He said the Village could've settled months ago and saved a lot of legal fees. EMPLOYEE SERVICE AWARDS RESIDENTS EXPRESS CONCERNS RE SETTLEMENT AGREEMENT 2 Minutes of July 10, 2006 Board Meetin • VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) 3. Bill Luksha addressed the Board. He questioned the cost of the settlement and wondered who had chosen the law firm of Bell, Boyd & Lloyd to defend the Village in the lawsuit. VII. PRESIDENT'S REPORT Mayor Krier introduced Resolution 06-31, Authorization to Settle Village of Morton Grove v. Harris Bank Hinsdale et al (03L50298) and Village of Morton Grove v. Lawrence Bowman et al (03L50300). For purposes of discussion, Trustee Minx moved to approve Resolution 06-31, seconded by Trustee Senensky. Trustee Staackmann asked if this is a first reading. Mayor Krier said that it's a resolution, not an ordinance, and therefore does not require a second reading. Trustee Staackmann asked if it could have a second reading. Mayor Krier said it could, and Trustee Staackmann then moved to have this resolution on the floor as a first reading. Trustee Kogstad seconded the motion. Mayor Krier pointed out that one of the reasons for the Board not to table this is because it's litigation that's been worked out but still needs to go before the judge. The price is set; the Board has had plenty of time to look at this; and time is of the essence. He called for a vote on Trustee Staackmann's motion. Motion failed: 3 ayes, 4 nays. Tr. Brunner my Tr. DiMaria aye Tr. Kogstad aye Tr. Minx ray Tr. Senensky nit Tr. Staackmann aye Mayor Krier y Mayor Krier then gave some background on this resolution. He said that, in 2000, the Board created the Lehigh -Ferris TIF District. As part of its long-range plans, the Village recognized that it would need to purchase land to assemble sites that would be attractive to developers. The Board began site assembly in 2001 and purchased several parcels, including some owned by Mr. Bowman. However, the Village was unable to reach an agreement with Mr. Bowman about the purchase price of the Domicile property. The Village offered him $925,000 in 2003; however, Mr. Bowman would not go below $3 million. The Board then agreed to file a suit to condemn the property and let the courts decide what a fair market price would be. Mr. Bowman also filed suit against the Village, claiming that the TIF had been illegally created. In September of 2005, the court ruled in favor of the Village, validating the legality of the TIF, but without a judgment as to what a fair market price for the property would be. In the interim, a new Mayor and a new Board had been elected, and there were many changes to Village staff. Mayor Krier said that, when he became Mayor, he decided to reach out to Mr. Bowman to see if he was willing to discuss this situation. He said Mr. Bowman was glad that the Village wanted to talk with him. Mayor Krier said he met with Mr. Bowman and kept the Board informed as to their discussions. At one meeting, he brought along one of the trustees. Mayor Krier said the Village and Mr. Bowman were still far apart on the price at the time of the court's ruling. RES. 06-31 AUTHORIZES SETTLEMENT WITH LAWRENCE BOWMAN SECOND READING REQUESTED BUT MOTION FAILS BACKGROUND 3 Minutes of July 10, 2006 Board Meeting VII. PRESIDENTS REPORT (continued) Mayor Krier noted that the Village had changed legal counsel mid -way through the legal proceedings, switching to Bell, Boyd & Lloyd, a highly -regarded (although expensive) law firm. He said it has cost the Village $400,000 in legal fees so far to defend this case, and will cost even more if Resolution 06-31 is not passed tonight. Mayor Krier said Bell, Boyd & Lloyd had advised that it could be another year or two before a judgment is made regarding a fair market price. Also, that decision will not be made by a judge, but rather, a jury will decide. Another year or so of legal fees could cost the Village another $100,000 to $150,000. Then Mr. Bowman would have the right to appeal, which he would certainly exercise, because he's angry at the Village for condemning his property and for making him relocate his business. The appeal process could then be yet another year or two, with more legal costs. Mayor Krier said that, during the negotiations with Mr. Bowman, he kept the Board informed and the matter was discussed often. In April of 2006, he signed a letter of intent with Mr. Bowman, which leads us to Resolution 06-31. The purchase price of the property is set at $1.95 million. Mayor Krier said that this agreement has to go before the judge and the judge has to decide if it's fair and then sign off on it. Then the Board will have to ratify that. As to why the Village didn't do this before, Mayor Krier said, "it's been a year of negotiations." He said he started trying to resolve this right after he was elected. The Village is buying the property "as is". There are some concerns about the site being "clean". The Village has done a Phase 1 environmental study, which is like a "history report" of what's been on that site. Phase 1 reports are useful because they can raise a red flag as to potential problems. The Phase 1 report on this property indicated that a Phase 2 (soil borings) study should be undertaken. That has been negotiated and the agreement states that Mr. Bowman will allow the Village on the property in order to do the Phase 2 study. Mayor Krier emphasized that the clean-up cost is unknown. He noted that Mr. Dubren had suggested it could be as high as $500,000, but said that it could also be $10,000, $20,000, or $100,000—no one knows. He said that even if a developer bought the site, the developer would be seeking TIF assistance from the Village in order to get the site cleaned up. Either way, the Village is going to end up paying for clean-up on that site. Mayor Krier said that developers had talked to him, Joe Wade, and Bill Neuendorf about that site, always commenting that Mr. Bowman's price was too high. There were offers to buy it, but the developers in return wanted the Village to grant height and density variances to make it worth their while to buy the property. Mayor Krier said he decided that the best thing to do would be to "stop the bleeding". It's taken a year, but he said he felt that this was the best thing for the Village. The Mayor said that he recognized that some trustees had a prob- lem with this and said he respected their position, which they've voiced during Executive Session. Mayor Krier said he thought it was good to get out from under the legal fees because it is unknown what they could escalate to—plus, the Village will now be able to get started with the redevelopment. He said there is no particular plan for this site, but the Village couldn't do anything with it while it was in litigation. LEGAL COST RAMIFICATIONS IF VILLAGE DOESN'T SETTLE ADDRESSES ENVIRONMENTL CLEAN-UP CONCERNS 4 Minutes of July 10, 2006 Board Meeting VII. PRESIDENTS REPORT (continued) Mayor Krier said that by buying the site and cleaning it up, the Village's options are many. The Village can turn it over to a developer and get something built on it that it wants—it could be senior housing, condos, etc. Mayor Krier said this was a leadership vote. He said that, in the past, Village leaders have been reluctant to do some of things that need to happen. The Mayor said that people ask him why things are happening in Niles or in Glen- view. He said that the Village has to get involved and help shape how it wants things. It costs money, but nothing happens when you just sit on the sidelines. This resolution will get the Village the property, get the Village out from under legal fees, and get the Village to a point where the property can be used. This is an option you don't have when all you're doing is paying legal fees. Mayor Krier said he did feel that $1.95 million was too much for the site, but it could be even higher if a jury so decided, especially since "eminent domain" is a touchy subject right now. He concluded by saying that he thinks this is the best thing and the right thing for the Village. Trustee Staackmann said he was concerned about the "open" EPA liability. No one can say what the clean-up costs will be and they weren't negotiated into this agreement. He asked why the agreement couldn't wait until after the Phase 2 study is done, so the Village would know what the true costs are for the clean-up. Trustee Staackmann pointed out that the Village has incurred many liabilities in the past. and one future liability is its pension obligation. He said that the price the Village is paying for this property is much higher than its appraised value, and that was a concern. Trustee Staackmann was also concerned that the Village didn't have direct use for this parcel. He said he had asked for the TIF consultant to be brought into the discussions, but was told that the Village didn't want to spend the money to do so. But now it appears the Village is willing to spend a lot—with no direct use and no professional TIF consultation. Trustee Staackmann said that the fact that the judge ruled in the Village's favor in the traverse motion gave some validity to the Village's stance regarding this property. Another option that was never fully discussed was whether or not to just walk away from this and let private enterprise deal with it. Trustee Staackmann said, as far as "pushing Mr. Bowman out of his business", it was his understanding that Mr. Bowman has already purchased property in Lincolnwood—a much bigger, much nicer site. Trustee Staackmann said that two million dollars is a lot of money for the Village to pay out and still have an open liability on the property. He said he would prefer further investigation before going ahead with this, and wondered why it was so imperative to close on the property this fast. He said he had asked for an additional Executive Session to discuss this further, but was told that no one was interested in having one. Trustee Brunner said she understood where Trustee Staackmann was coming from, saying that she had some of the same concerns. However, after thinking about the cost of litigation to wait for a year or more to find out what value a jury would put on the property, plus considering Mr. Bowman's option to appeal, she felt it was smarter for the Village to cut its losses while it could. PURCHASING PROPERTY GIVES VILLAGE MORE OPTIONS TRUSTEE CONCERNED ABOUT EPA LIABILITY AND UNKNOWN COSTS TRUSTEE FEELS VILLAGE SHOULD CUT ITS LOSSES 5 Minutes of July 10, 2006 Board Meeting VII. PRESIDENTS REPORT (continued) Trustee Brunner said a jury could make it an even higher price, and that would have to be paid on top of additional legal fees. Trustee Brunner said that she, too, has concerns about the cost of cleaning up the site, but agreed with the Mayor, that a developer would likely seek TIF assistance to clean up the site...thus the Village would be paying for the clean-up no matter what. Trustee Brunner said she did understand Trustee Staackmann's and the public's concerns, but she also understood the need for supporting this resolu- tion this evening. Trustee DiMaria said he agreed with what's been said by both Trustee Brunner and Trustee Staackmann. He said, from a construction / development view- point, that his biggest problem with this is the environmental clean-up. He said he's been upfront with the Mayor about his concerns. Trustee DiMaria said he felt the Village was "paying up" for the property's value, then taking all the risks with the clean-up, plus paying legal fees. He agreed with Trustee Staackmann about the importance of knowing the clean-up costs—in this situation, the "risks" outweighed the "rewards". Trustee DiMaria pointed out that the lot at Austin and Lincoln was vacant for many years before it sold, and that was due largely in part to the cost of cleaning up the site. Trustee Senensky said he had spoken to some people about this, and many people in that area would like to see the Domicile property cleaned up and be made into something else. He said that some "positives" about the agreement are that it would bring certainty to the Village, it would stop the legal fees, which are at $400,000 and could be more if litigation went on for another year or two; and that it gives the Village control. By owning the site, the Village can guide its development, which will be good for the community. Trustee Senensky said that "this is an opportunity to positively impact the redevelop- ment of this Village." Trustee Minx said she understands where everyone's coming from as far as the expense / redevelopment costs / EPA guidelines. She said her understand- ing of the Phase 1 study is that it's like someone saying, "Check with your doctor." No one wants to go out on a limb by saying "there's nothing there" because of the liability that could be incurred, so a Phase 2 is recommended to "prove" that the area can be redeveloped. Based on the Phase 1 study, Trus- tee Minx did not feel there was a lot on the site that could cause problems. She pointed out that past Boards have invested millions in other redevelopment areas, in the tearing down of old structures that are now producing good TIF increment. She said that the longer the Village waits, the more potential revenue it loses. Trustee Minx said that Economic Development Director Bill Nuendorf's figures show that there is a significant amount of revenue the Village will lose over time if it just sits on the sidelines and plays the wait-and- see game. She felt that this is the right time to do this. Trustee Staackmann commented that both Concord Homes and Toll Brothers are redeveloping in that area and neither of them has come to the Village for TIF assistance. He said that shows that most free market developers recog- nize that this is a good area, so the Village doesn't necessarily have to offer incentives. But when it does, it should be for something substantial, like im- proving the infrastructure—not necessarily subsidizing overpriced property. TRUSTEE FEELS THAT RISK IN THIS SITUATION IS GREATER THAN REWARD TRUSTEE CITES 'POSITIVES' ABOUT SETTLEMENT AGREEMENT TRUSTEE FEELS BOARD SHOULD MOVE FORWARD TRUSTEE SAYS OTHER PRIVATE DEVELOPERS HAVEN'T ASKED FOR TIF ASSISTANCE 6 Minutes of July 10, 2006 Board Meeting VII. PRESIDENTS REPORT (continued) Trustee Kogstad said that "vision" is taking a calculated risk after reviewing all the options, and he didn't think that was true in this case. He felt it was a problem that the Board hasn't yet given direction as to which way the TIF projects will go, and asked how the "Krier trustees" could authorize $2 million— or more—on this purchase. He said that, until the public meeting is held (for residents to provide input on the TIF area), and until the Board sets policy, he didn't feel the trustees should authorize this kind of expenditure. He pointed out the lack of financial statements or documentation to support this financial liability, and wondered why other options or alternatives hadn't been discussed. Trustee Kogstad also felt the Phase 2 study should be done before the final price is negotiated. He also thought that not enough notice had been given to residents to weigh in on this, and felt that residents should have the right to comment and question their public officials and Village staff as to where and how—and for what—their tax dollars are being spent. Trustee Kogstad said, "This purchase is ill-conceived, poorly thought out, lacking in detail, and a bad deal for the residents of Morton Grove, and it should be rejected." Mayor Krier then called for the vote. Trustee Senensky prefaced his vote with the comment that "we need to end this litigation and move forward to create something special for our citizens. We've waited long enough for progress in this area." Upon the vote, the motion passed: 4 ayes, 3 nays. Tr. Brunner afire Tr. DiMariaray Tr. Kogstad n� Tr. Minx aye Tr. Senensky Tr. Staackmann n�C Mayor Krier Mayor Krier thanked Village Administrator Wade and Economic Development Director Nuendorf for doing a "yeoman's job" on this. He also praised Corpora- tion Counsel Liston, saying "nobody worked harder on this" than her. He said she always watched the bottom line and did a great job of overseeing the bill- ings from Bell, Boyd & Lloyd. He added that her counsel and advice on this issue was more than he thought possible, and said he greatly appreciated it. Mayor Krier also said that the trustees, even those who disagreed with him, have been nothing but professional. In fact, Trustee DiMaria was the Board member who accompanied him to one of the negotiation meetings. The Mayor said that Trustee Staackmann and he disagreed vehemently on this, but al- ways professionally, and he totally respected both of Trustee Staackmann's and Trustee DiMaria's position; they both made valid points. However, the Mayor did not feel it was valid to make a disagreement personal, and those comments deserved the indignation he thought most people felt when they heard them. VIII. CLERK'S REPORT 1. Clerk Fritzshall asked for a motion to approve Executive Session Minutes from February 28, 2005; March 14, 2005; March 28, 2005; and May 23, 2005. Trustee Brunner so moved, seconded by Trustee Minx. Trustee Kogstad then requested that each set of Minutes be approved separately. Mayor Krier said that would be okay. a. Trustee Minx then moved to approve the Executive Session Minutes of February 28, 2005. Trustee Brunner seconded the motion. TRUSTEE FEELS THIS IS A BAD DEAL FOR RESIDENTS RES. 06-31 APPROVED MAYOR THANKS STAFF AND CITES PROFES- SIONALISM OF DISAGREEING TRUSTEES EXECUTIVE SESSION MINUTES APPROVED 7 Minutes of July 10, 2006 Board Meeting VIII. b. c. d. CLERK'S REPORT (continued) Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner aye Tr. DiMaria gye Tr. Kogstad abstain Tr. Minx up. Tr. Senensky acre Tr. Staackmann acre Trustee Brunner moved to approve the Executive Session Minutes of March 14, 2005. The motion was seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner afire Tr. DiMaria acre Tr. Kogstad abstain Tr. Minx at Tr. Senensky Lyre Tr. Staackmann aye Trustee Minx moved, seconded by Trustee Brunner, to approve the Executive Session Minutes of March 28, 2005. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner aye Tr. DiMaria ave Tr. Kogstad abstain Tr. Minx aye Tr. Senensky are Tr. Staackmann aye Trustee Minx moved to approve the Executive Session Minutes, Part I, of May 23, 2005. Trustee Brunner seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. DiMaria gyre Tr. Kogstad aye Tr. Minx afire Tr. Senensky at Tr. Staackmann at e. Trustee Minx moved to approve the Executive Session Minutes, Part II, of May 23, 2005. Trustee Brunner seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. DiMaria gyre Tr. Kogstad afire Tr. Minx afire Tr. Senensky aye Tr. Staackmann at 2. Clerk Fritzshall then asked for a motion to keep as confidential the Executive Session Minutes of March 14, 2005, and Part I and Part II of May 23, 2005, and to release the Executive Session Minutes of February 28, 2005 and March 28, 2005. Trustee Kogstad again requested that these be approved in- dividually. Mayor Krier asked him to make a motion to do so. Trustee Kogstad so moved, but the motion died for lack of a second. Trustee Minx moved to release the Executive Session Minutes of February 28, 2005 and March 28, 2005, and keep as confidential the Executive Session Minutes of March 14, 2005 and Parts I & 11 of May 23, 2005. Motion passed: 5 ayes, 1 nay. Tr. Brunner acre Tr. DiMaria afire Tr. Kogstad lay Tr. Minx p.m Tr. Senensky at Tr. Staackmann aye IX. STAFF REPORTS A. Village Administrator: 1. Mr. Wade reminded the assemblage that a Lehigh -Ferris Workshop was scheduled for Wednesday, July 26, at 6:30 p.m. at the Civic Center. 2. Mr. Wade also reminded the assemblage that the next Town Hall Meeting would take place on Monday, July 31, at 7:00 p.m. at the Civic Center. CERTAIN EXECUTIVE SESSION MINUTES RELEASED MEETING REMINDERS 8 Minutes of July 10, 2006 Board Meeting IX. B. Corporation Counsel: Ms. Liston had no report. X. STAFF REPORTS (continued) TRUSTEES' REPORTS A. Trustee Brunner: Trustee Brunner had no formal report, but thanked the Morton Grove Days Committee for a wonderful 4th of July celebration. She also thanked Public Works, the Police and Fire departments, and ESDA for all of their efforts. She said that the Parade Committee did a wonderful job, and related a story about a lady from Niles who told her that she looks forward to coming to Morton Grove's celebration every year.. B. Trustee DiMaria: Trustee DiMaria presented Resolution 06-30, Authorizing the Execution of a Contract with Superior Road Striping as a Participant of the Northwest Municipal Conference 2006 Thermoplastic Lane Marking Program. Trustee DiMaria said that, each year, the Viiiage contracts with a pavement marking contractor through the Northwest Municipal Conference in a joint purchasing program to take advantage of economies of scale. The lane marking program is necessary to maintain the roadway pavement markings through the Village for public safety. The estimated cost of the project is $14,862, but since this is a unit -price contract, the final amount will be based on the actual quantity of work performed. Trustee DiMaria moved to adopt Resolution 06-30, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria Tr. Kogstad aerie Tr. Minx at Tr. Senensky Tr. Staackmann ave C. Trustee Kogstad: Trustee Kogstad had no report. D. Trustee Minx: Trustee Minx had no formal report, but she, too, wanted to thank the Morton Grove Days Committee for the wonderful 4th of July weekend. She personally thanked the Police, Fire, and ESDA personnel, and all of the volunteers who brought the festivities to fruition. She related a story about a former resident who comes in from Florida every year for the Village's 4th of July celebration. Trustee Minx noted that the new Quint was at the fireworks display. THANKS MG DAYS COMMITTEE RES. 06-30 AUTHORIZES CONTRACT FOR 2006 THERMO- PLASTIC LANE MARKING PROGRAM RES. 06-30 APPROVED THANKS MG DAYS COMMITTEE AND POLICE, FIRE, AND ESDA 9 Minutes of July 10, 2006 Board Meeting X. TRUSTEES' REPORTS (continued) E. Trustee Senensky: Trustee Senensky had no formal report, but asked Village Administrator Wade to discuss the noise ordinance, saying he didn't think a lot of people were aware of what time on weekends they could start cutting their lawns, using blowers, etc. Mr. Wade said that, per the updated noise ordinance, residents can operate lawn equipment and other machinery between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday; between 8:00 a.m. and 10:00 p.m. on Saturdays, and between 9:00 a.m. and 10:00 p.m. on Sundays and legal holidays. He asked everyone to please "be respectful" of their neighbors. Trustee Senensky also thanked everyone on the Morton Grove Days Committee. He gave kudos to Bill Archer for the great music over the week- end, and thanked all the volunteers, especially Jim Simkins and Chris & Tracy Minx. He also singled out Chief Tasch, Jeff Fougerousse of the Park District, and Andy DeMonte for doing a great job. All in all, it was a great weekend. F. Trustee Staackmann Trustee Staackmann had no formal report. He, too, thanked the Days Committee and especially his "alma mater", the Morton Grove Park District, complimenting the great job they do, especially on set-up and clean-up. XI. OTHER BUSINESS Trustee Senensky related a story about a woman who came up to the Informa- tion Booth at the carnival while he was working there. She said she's been coming to Morton Grove Days for 20 years and this is the first time she's ever seen the Chief of Police there. He wanted to let Chief Tasch know how much everyone appreciated his presence there. XII. WARRANTS Trustee Kogstad presented the Warrant Register, which totaled $287,760.46. He moved to approve the Warrants, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner a...Lre Tr. DiMaria are Tr. Kogstad aye Tr. Minx afire Tr. Senensky afire Tr. Staackmann XIII. RESIDENTS' COMMENTS Dr. Muhammed, Chairman of the MEC's School Expansion Committee, appeared before the Board with a concern. He said that a resident, Raymond Solal, has been misrepresenting himself to the MEC's insurance agent by saying he's a part of the school and the Board, and he requests all kinds of documentation be sent to him. This is not right, and Dr. Muhammed wanted to NOISE ORDINANCE WEEKEND HOURS REVIEWED THANKS MG DAYS COMMITTEE THANKS MG DAYS COMMITTEE AND PARK DIST WARRANTS APPROVED 10 Minutes of July 10, 2006 Board Meeting XIII. 2. 3. RESIDENTS' COMMENTS (continued) let the Village know. He said that Mr. Solal has also been coming on to the MEC's property and taking pictures. Dr. Muhammed requested that the Board take action on this. Mayor Krier advised Dr. Muhammed to talk to an attorney about a restraining order, or, if it appeared there was a criminal problem, to call Chief Tasch. Dr. Muhammed said that he could do that when Mr. Sofal is seen on MEC property, but he was more concerned with the fact that Mr. Solal was calling the insurance agent and misrepresenting himself in order to get information. Mayor Krier assured him that Mr. Solal doesn't have the Village's approval to do this in any way. If Mr. Solal requests information under the Freedom of Information Act, his request is responded to, as it is for all residents. However, once that information is obtained, the Village has no control over what the resident does with it—the resident himself has to be responsible. Raymond Solal thanked the Board for allowing him to defend himself, and said it was a "false statement" that he had misrepresented himself. He said he had represented himself as a taxpayer in Morton Grove and as a part-owner of the Capulina right-of-way property. He said the Mayor was fully aware of this. Mr. Solal said that the Village has violated and continues to violate its Ordi- nance 06-17 regarding construction within public rights-of-way. He admitted that he had taken pictures at the MEC site, but said he was on public property when he did so, not MEC property. Mr. Solal also said that he intended to ask the Attorney General's office to conduct an investigation into Morton Grove's FOIA policy. Mr. Solal said there was a false declaration of the project and of the risk description in the Certificate of Insurance dated March 7, which he obtained under FOIA. He cited the failure of the Building Department and Public Works to produce a copy of the proper policy rider that would cover the building permit. He asked the Mayor to look into this and produce the rider. He said the Board is fully aware that the legality of construction on the Capulina right-of- way is in dispute. Regarding the Bowman settlement and the Domicile property, Mr. Solal felt that the people should decide what to do in the Ferris -Lehigh area. He felt this matter showed "complete incompetence" by the Mayor and felt that the Mayor had usurped his powers in negotiating the settlement. Sherwin Dubren asked, regarding the Village's website, if it could be kept more up-to-date, noting that the Minutes are "way behind". He asked if the released Executive Session Minutes would also be on the Village's website. Mayor Krier said he believed they would be, and that they would also be avail- able at the Library. The Mayor also apologized for the website and said the Village was working on it. He felt it was grossly inadequate, hard to navigate, and difficult to make changes more quickly. CHAIRMAN OF MEC SCHOOL EXPANSION COMMITTEE COMPLAINS ABOUT A RESIDENT RESIDENT CLAIMS VILLAGE IS VIOLATING ITS ORDINANCE RESIDENT ASKS IF EXEC SESSION MINUTES WILL BE AVAILABLE ON WEBSITE 11 Minutes of July 10, 2006 Board Meetin. XIII. 4. RESIDENTS' COMMENTS (continued) Mr. Dubren also inquired about an article he had read in The Bugle. The article was about a police officer who had been attacked by a dog when called out to investigate a complaint about two dogs running loose. Apparently one of the dogs attacked the officer, who kicked it off. The dog went back in the house, but then came back out and attacked again. The officer again kicked it off. Mr. Dubren asked what was the Village doing to protect its police officers in these types of situations. Mayor Krier said he'd have Chief Tasch respond to Mr. Dubren when he had concluded his comments. Mr. Dubren noted that he had not been able to attend the 4th of July fireworks, but his cousin did, and had wondered why Morton Grove's fireworks didn't start until 10:00 p.m. Mayor Krier said it was more like 9:45 p.m., and the reason is that the Village is trying to stagger its fireworks with Skokie's, in an effort to keep the traffic problems to a minimum. Mayor Krier said the Village had not wanted to start that late, but Skokie wasn't willing to do much in the way of negotiating this. Mr. Dubren also asked what could be done about all the fire- works being blown off in the neighborhood—it was happening pretty much through the month of July! Mr. Dubren's last comment was about the Bowman settlement. He said he appreciated the Mayor's explanation but would have liked to have heard it prior to the night the vote was being taken. Mayor Krier said that there are 22,000 residents in the Village, and 22,000 people couldn't make this decision. He told Mr. Dubren, "You have to trust who you elect." He said that he kept the Board informed; it was a tough issue, but that's how government works. Mayor Krier said that if people think this was a bad decision, it'll be reflected at election time. He said we now need to move on and see if this was the right thing to do. Mr. Dubren said that it seemed to him like Mr. Bowman was less inter- ested in staying in Morton Grove, and more interested in getting as much money as he could from the highest bidder. He felt the Village "encouraged" Mr. Bowman in this tactic by its lawsuit, and felt the Village should have just "walked away" back then. Chief Tasch, responding to Mr. Dubren's comments, said, regarding fireworks, that if the police see them or when they get calls about them, they take the ap- propriate action, e.g., writing a citation or apprehension. If any resident sees fireworks happening, they should call the police. Regarding the animal inci- dent, Chief Tasch said this was the first he had heard about this particular inci- dent. As far as protecting police officers from animal attacks, the Chief said that if an officer can kick the dog off, that's fine; otherwise, the officer does have a weapon and if he needs to, he can shoot the animal to protect himself. Nancy Lanning said she wasn't aware of how much protection the Village provides at the carnival, alluding to the fact that carnival workers were wearing ID badges to indicate that they had all passed background checks. She also appreciated the significant police presence over the 4th of July weekend. Regarding fireworks, she said that it is a "major problem" on her street—it was like "Pearl Harbor'! She said she knows the police department does the best it can but there aren't enough officers to cover it. She didn't know what the an- swer was, but suggested perhaps stiffer laws or larger penalties. RESIDENT INQUIRES ABOUT DOG ATTACK ON POLICE OFFICER COMPLAINS ABOUT NEIGHBORHOOD FIREWORKS COMMENTS ON BOWMAN SETTLEMENT POLICE CHIEF RESPONDS THANKS VILLAGE FOR ITS PROTECTION AT CARNIVAL 12 Minutes of July 10, 2006 Board Meetin. XIII. XIV. RESIDENTS' COMMENTS (continued) Mrs. Lanning said that people are always bringing up that residents "should know" about this or that. She said she goes to a lot of meetings and generally doesn't see a lot of residents attending, although they have a right to come and a right to be interested in anything going on. She said she sees items of interest in the paper, on the Village's website, and on its Channel 6, and won- dered what more the Village could do to make sure people are "more notified." Mrs. Lanning, addressing Trustee Staackmann and his comment about the Village's obligation to take care of its pension liability, pointed out that this particular Board wasn't responsible for the pension obligation being as expensive as it is now—that was the responsibility of previous Boards. Trustee Staackmann said that every municipality in the country is struggling to meet its pension obligations. He said it was all part of contract negotiations over the years, and what had been negotiated. Mayor Krier corrected that statement, saying that the pension was mandated by State law and had nothing to do with contract negotiations. Mrs. Lanning said her point was that it should have been corrected when it first started becoming a problem. Trustee Staackmann said he agreed, but the fact remains that there's a liability there that the Village has to take care of. He said it was a big concern of his that the Village be able to meet the pension obligations, and felt that the Village had to take care of that before anything else. ADJOURNMENT There being no further business to come before moved to adjourn the Board Meeting, seconded passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. DiMaria aye Tr. Minx afire Tr. Senensky acre The Board Meeting adjourned at 9:14 p.m. the Board, Trustee Minx by Trustee Brunner. Motion Tr. Kogstad Tr. Staackmann FEELS VILLAGE DOES A LOT TO KEEP RESIDENTS NOTIFIED DISCUSSION RE PENSION LIABILITY MEETING ADJOURNED 13 Minutes of July 10, 2006 Board Meeting PASSED this 14th day of August 2006. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED by me this le day of August 2006. APPROVED and FILED in my office This 15th day of August 2006 . \;bi Carol A. Fritzshall, Vite Clerk k Village of Morton Grove Cook County, IIlinois L 4 Richard Krier, Village President Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 14