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HomeMy WebLinkAbout2008-02-11 MinutesCALL 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, Roy Kogstad, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUSES IV. Regarding the Minutes of the January 28, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Thill, to approve the January 28, 2008 Regular Meeting Minutes as presented. Motion passed unanimously (with one absent} via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Chairman Farkas of the Plan Commission/Zoning Board reported on this case. The Applicant, Dae Kim, of Living Pictures Aquariums, would Tike to open afish-only pet store in Washington Commons Shopping Center. Because it qualifies as a pet store, a special use permit is needed. Chairman Farkas said this is a "straightforward" case. Mr. Kim will sell aquariums that hang on the wall. His hours will be from noon to 8:00 p.m. Monday through Friday, and Saturdays from 11:00 a.m. to 7:00 p.m. A traffic study was submitted, indicating that there is more than sufficient parking available at the shopping center. No interested or concerned parties testified at the hearing. The Plan Commission voted unanimously, with one absent, to recommend approval of this Special Use Permit request. Mayor Krier asked if any of the Board members had any questions for Chairman Farkas. No one did. Trustee Minx therefore moved to accept the Plan Commission's report, seconded by Trustee Thill. Minutes of Fetituary 11, 2008 Board Meetidg'. V. SPECIAL REPORTS (continued) Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus awe Tr. Minx afire Tr. Staackmann awe Tr. Thill awe VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Mark Matz. Mr. Matz was concerned with the recent "unannounced and un-Board approved" appointment of Bill Zimmer to the Appearance Commission and the "gratuitous' public release of Commissioner Goyal from the Plan Commission. He wondered "why now?" and "why so fast?" Mr. Matz pointed out that the appointment of Mr. Zimmer did not follow past procedures of the Village, pointing out, for example, that a vote was taken to concur with the Mayor's appointment of former Trustee Dale Senensky to a vacated position on the Traffic Safety Commission. He wondered what the reason was behind this apparent change in policy, and wondered why the policy hadn't been applied equally. Mayor Krier said it sounded like this was going to get "political" and assured Mr. Matz that nothing had changed. He said it was clear to him that no one was questioning the quality of his appointments, and pointed out again that the Plan Commission is one of the most important commissions in the Village. He said this was about "due process" for the people of Morton Grove. Mayor Krier said that, in his opinion, the "urgency was there" to remove Commissioner Goyal and expressed regret that this was now "going down the political road". He noted that there are several members of various commissions who have fought against him politically yet he still has reappointed them, although he doesn't have to. The mayor said that all the trustees were informed about the action prior to him taking it, yet no one called him. Instead, it was brought up at a public meeting. He said that Mr. Zimmer's appointment to the Appearance Commission will be up in April, at which time he'll be slated for afull-term appointment. Mayor Krier decried again the fact that this appeared to be "petty politics". b. Patrick Kansoer. Mr. Kansoer spoke about the Capulina right-of-way lawsuit, urging the Board to consider going forward with the appeal because not to do so would seta prece- dent-a precedent of the Village walking away from public land that should be owned by every citizen. He pointed out that there is no park /green space in the area bounded by Austin Avenue, Lincoln Avenue, Dempster Street, and the Edens Expressway, other than the green space that a judge has now ruled is owned by the MCC. Mr. Kansoer distributed copies of the Mediation Agreement to the Board, asking them to note that the agreement states in Article 9 that, if there is a final court ruling stating that the MCC has unencumbered rights to the property comprising the Capulina ROW, then the mutual cross-license will terminate and all licenses granted thereunder will no longer be in effect. He said he understood that the cost of going forward with the appeal is something the Board has to take into consideration, but reminded them that the last time they decided not to pursue a lawsuit, it ended up costing over $2 million dollars for a piece of property that remains undeveloped. He asked the Board to stand up and do what's right, not what's politically popular or politically correct. c. Nancy Canning. Mrs. Canning commented that she had been appointed to serve on two commissions but came to feel that she couldn't do a good job on one of them because of other time commitments she had, so she resigned from that particular commission. She said she did not understand why someone serving on a commission could not make an effort to let people know when they wouldn't be able to attend a meeting. She said commissioners "need to be there to get the job done" and that they should let people know when they can't attend. Minutes of February N, 2008 Board Meeting VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) d, Mr. Khan. Mr. Khan responded to several inaccuracies in a previous speaker's statement. He noted that the Capulina right-of-way is a narrow strip of land that was never being used as a park. He felt it was being used as a tool to stop the mosque. Mr. Khan said the property is paid for and maintained by the MCC. He said the Park District had no plans for that property, and pointed out that the MCC wants green space, too. He said there weren't many neighbor- hood kids who used that space, and felt that "lack of green space' was not the right legal reason to dispute the judge's ruling. Trustee Thill asked Mr. Khan if he was in a capacity to speak for the MCC. Mr. Khan said he was not. Trustee Thill asked Mr. Khan to take a question back to the MCC: If the Board post- poned making a decision this evening about whether or not to go forward with the appeal, would the MCC be willing to work out an agreement with the Village and/or the Park District for maintenance of the property in exchange for the MCC leaving it as open, green space? Mr. Khan said he thought that was addressed in the Mediation Agreement. They are already maintaining it and i4 will be in the future. Trustee Thill said, in the agreement, it says if the MCC has custody of the ROW, previous agreements are "off the table" and the MCC would be able to restrict the use of that green space. That's why he asked the question. Mr. Khan said that MCC members are also residents of that neighborhood, and they use the property. Mr. Khan said that he would take Trustee Thill's question back to the MCC for discussion. VII. a. Mayor Krier asked if anyone wanted to make a motion to direct Special Counsel to withdraw or proceed with the Notice of Appeal in the matter of the Capulina right-of-way. Trustee Staackmann moved to proceed with the appeal, seconded by Trustee Thill. Trustee Staackmann said that the Park District had been very interested in that property for a park before it was sold. They had been waiting for a clarification as to the ownership of the right-of-way-something which should have been settled 20+ years ago. He said he didn't know if the Park District would still be interested, but reiterated that they once were. The School District had only wanted to sell the whole parcel, not just that one piece. Trustee Staackmann said he grew up in that neighborhood and could remember when the whole field was empty. He felt there's definitely a need for green space or a park there, and said that this is the Village's last option to have open space in that area, or the possibility of a park in that area, one that could be enjoyed by all residents, with professional playground equipment, etc., not an area to be used by just one group. He said, "If we stop now, we can never go back again." Trustee Marcus asked, if the Board does not take action tonight, what is the timeframe in which they must make adecision-does it have to be today? Corporation Counsel Liston explained that, when a Notice of Appeal is filed, the Village has a finite amount of time to prepare for the appeal. They have to produce the record, get a transcript of the proceedings and put a package of documents together for the Appellate Court. Briefs must be prepared. It is also possible to request an extension, although sometimes those motions are granted and sometimes not. Trustee Marcus asked what position the Village would be in if it asked for an extension but the motion was not granted. Ms. Liston said that Special Counsel needs time to prepare the appeal, should the Board decide to move forward with it, and she urged the Board to make their decision sooner, rather than later in order to give the attorneys adequate time to prepare. Minutes of Pepruary 11, 20089oard Meeting VII. PRESIDENT'S REPORT (continued) Trustee Thill asked if this could be discussed in Executive Session. He wanted to know what -- his fellow trustees thought about his proposal, which he had asked Mr. Khan to take back to the MCC for their thoughts and discussion. Mayor Krier pointed out that a binding vote cannot be taken in Executive Session, and suggested to Trustee Thill that perhaps the Board could adjourn to Executive Session now. Trustee Thill moved to adjourn to Executive Session to discuss pending litigation. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus awe Tr. Minx awe, Tr. Staackmann ayre Tr. Thill afire The Board adjourned to Executive Session to discuss pending litigation at 8:07 p.m. The Board reconvened at 8:22 p.m. Mayor Krier called for the vote on the motion to proceed with the appeal. Upon the vote, the motion failed: 2 ayes, 4 nays. Tr. Brunner ~ Tr. Kogstad a rLe Tr. Marcus B?~ Tr. Minx n~ Tr. Staackmann aye Tr. Thill n~ Trustee ThiII prefaced his vote by asking Mr. Khan again to bring the question to the MCC: will they keep it as open, green space? Trustee Kogstad prefaced his vote by stating that the Village has a legal opinion that says it has a good chance to win on appeal. He felt the Village should take Special Counsel's advice. He also felt that property rights are one of the "fundamental" rights people have, and felt the Village should pursue the appeal. Trustee Marcus prefaced his vote by noting that this is a tough decision for each Board member to make, and it's a decision that reflects on the whole community. Some will accept it, some won't. He felt the Village should move forward on this issue since it's finally been adjudicated. Trustee Marcus said he was concerned about continuing to use money for an appeal that could go even further. He agreed that the issue should have been properly filed in the 60's. He felt the future would be better for Morton Grove as a community to just move forward. b. Mayor Krier called on Police Chief Paul Tasch to make a presentation to the assemblage about the recent burglaries throughout the Village. Chief Tasch began by explaining the difference between "robbery" and "burglary"-a robbery is a "face-to-face", personal situation where money or valuables are taken from a person; a burglary is when someone unlawfully enters a structure and takes something. Chief Tasch said that 95 burglaries had occurred in 2007; the ten-year average is 93 burglaries annually. So far, in 2008, 15 burglaries have occurred. He felt it might have something to do with the economy. Chief Tasch said that burglars are opportunists. They look for an opportune time to break in and generally go for cash and jewelry. They are generally in and out within 5 to 10 minutes. He said the Police Department really needs community involvement in order to catch burglars. He asked that people call 911 anytime they see something suspicious or something that gives them a gut feeling that things "aren't right". Minutes of February'N, 20088uard Meeting VII. PRESIDENT'S REPORT (continued) Chief Tasch said they've begun tracking burglary occurrences on a map of the Village, courtesy of Ryan Gillingham, Village Engineer. They study areas of concentration so that the direct patrol officers and detectives can focus on those areas, but he admitted that it mostly takes luck to catch a burglar. The chief had some flyers available about burglary protection and said more flyers are available at the Police Department. The police will also do a home security survey and provide residents with tips about their security-just call the Police Department non-emergency number. Mayor Krier noted that the Police Department is being proactive. He cited an example where a resident told him that the police had called her to let her know her garage door was open. By the time she went to close it, they had already done so for her. c. Public Works Director Andy DeMonte gave the Board a brief update regarding the status of the Village's salt supply and snow removal to date. Mr. DeMonte said the Village usually purchases its salt supply in the summer-the State goes out to bid in May so municipalities participating in the State purchasing program have to commit to quantities of salt in June. For the past five years, Morton Grove has taken 3,500 tons of salt, which means it has to commit to purchasing at least 70% of that, but it can also take an additional quantity, as much as 130%, of that amount. By the second week of January, the Village had already taken its 130%. Public Works staff began calling other companies to try to obtain additional quantities of salt, and luckily found one that sold the Village another 1,000 tons of salt at $52 per ton (the State purchase price was $40.70 per ton). The last couple of snow storms, in an effort to conserve its remaining salt supply, Public Works has cleaned all the intersections, but not all the side streets, and has begun mixing sand with salt. The Village has 800 tons of salt left, which Mr. DeMonte said, would get the Village through another two or three snowstorms-but not five or six. From January 1, 2008 through February 8, 2008, the Village has spent $315,000 on snow removal. Last year for that same time period it was $65,000. Public Works has been out plowing and salting 25 times this year...last year for the same time period, they had been out 9 times. He asked the Board and the residents to please be patient-we'll get through this! Trustee Staackmann asked what the average price of salt per ton is now. Mr. DeMonte said that Niles just paid over $100 a ton for some-it's coming from Kentucky. Trustee Marcus thanked Mr. DeMonte and the Public Works Department. He said that we, as a community, have been "spoiled". He's told his friends and neighbors who are concerned that it's the very unusual weather we've had that's complicating things. He encouraged everyone to please do their best to get their cars off the street when it snows or when snow is in the forecast-it makes the job a lot easier for Public Works to clear the streets curb to curb. Trustee Marcus also noted that there are many neighbors who plow out the sidewalks for their neighbors, without being asked. He called it a "wonderful gesture' and complimented every- one who does that. Trustee Thill agreed with Trustee Marcus, and said that, even if a resident doesn't have a driveway, they could ask a neighbor who does have one if they could put their car there during a snowstorm. He also noted that there are many businesses who do not shovel their side- walks. He urged them to do so, saying, "It's good for your business to do that." d. Mayor Krier then sought the Board's concurrence for several reappointments, as follows: Minutes of Petiruary 11, 2008 Board Meeting VII. PRESIDENT'S REPORT (continued) Advisory Commission on Aging: Diane Grigg, Lorraine Meyer, Anne Marrazzo, and Jack Malloy. Trustee Minx moved to concur with these reappointments, seconded by Trustee Marcus. Motion passed unanimously via voice vote. Appearance Commission: Dave Hirsch and Jay Rossmann. Trustee Minx moved to concur with these reappointments, seconded by Trustee Marcus. Motion passed unanimously via voice vote. Cable & Telecommunications Commission: Ron Fine. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Plan Commission2oning Board ofAppeals: John Gattorna. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Police Pension: Joe Hedrick. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Traffic Safety Commission. Ken Hogan. Trustee Minx moved to concur with these reappoint- ments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Trustee Thill then moved to rescind the action taken at the January 28, 2608 Board Meeting, wherein Commissioner Loyal was removed from the Plan Commission. Trustee Marcus seconded the motion for discussion. Mayor Krier said that he thought the motion could be reconsidered, so Trustee Thill's motion was to reconsider. Trustee Thill said that, when the Board received attendance data-following the removal of Commissioner Loyal-he noted that three other individuals on that same Commission had the same attendance record as Mr. Loyal, and he wondered why Mr. Loyal had been singled out. Trustee Thill said he personally would have liked to have been able to postpone taking any action until Mr. Loyal returned home to be able to speak to the Mayor and the Board. He said he had spoken with Mr. Goyal's son and had asked him to relay a message to his father to call him, but Mr. Loyal did not. However, he did receive (and read for the record) an email that he had received from Mr. Loyal, addressed to the Mayor and the Board, which sfated, in part, that Mr. Loyal was "outraged and mortified" by the Board's action in removing him. Mr. Loyal said he had never received any notification that his seat on the Plan Commission was in jeopardy. He said he had consistently let the Chairman know when he would be absent. He said his "good name' had been tarnished in the community, and wondered if anyone else had been absent as often, and if so, why was he being singled out. Mayor Krier said this disturbs him. He said he did not receive the email, and that the intent had not been to tarnish Mr. Goyal's name. He noted that Trustee Thill had not called him to discuss his concerns. The mayor said that he did not have to share the attendance informa- tion, but felt it was appropriate to do so. He pointed out that Mr. Loyal not only missed meet- ings last year, but missed January's and February's meeting as well, and said that there were other commissioners whom he felt shouldn't be serving, but he's talked with them privately and will let their appointments stand. Minutes of Pe4ruary 11, 2008 Board Meeting. VII. PRESIDENT'S REPORT (continued) Trustee Thill said he had no problem with the Mayor's appointment, just the way it had been done. He said he was concerned about the methodology. Mayor Krier reiterated that he was disappointed that Trustee Thill had not called him to discuss this. He felt that Trustee Thill's motives were political, because he was bringing this up publicly, not privately. Trustee Thill disagreed and stated that, in his heart, this was not political Trustee Minx said that it is very unfortunate that Commissioner Goyal's name has been dragged through the press; however, having attended almost every Plan Commission meeting since being elected, she felt that the residents' interests were not being held to the highest standards as they can be when Commissioners are appointed but then turn away from their fiduciary responsibility by being consistently absent. Most people make every effort to show up and be on time. She cited a couple of examples of Plan Commission cases and said it's not fair to the businesses or residents to have to delay their projects because commissioners are absent. Mayor Krier asked Trustee Thill why he thought Mr. Loyal had been removed, and if he thought these absences was appropriate behavior for a Commissioner. Trustee Thill said he was concerned because others on various commissions had similar attendance records but had not been removed. Mayor Krier said there were other factors with Mr. Loyal that he had considered, other factors that had led to his recommendation to remove him. Trustee Thill said he was looking for parameters and methods. Trustee Marcus said he shares Trustee Thill's comments about the fact that a number of other individuals missed a similar amount of meetings. He said he would've liked to have that information before he made his decision. He said he believed that it's important to live up to their commitment when they agree to serve on a Commission. Trustee Marcus was con- cerned about the communication with Mr. Loyal. He said he personally would have liked to see it be face-to-face, with either a request for resignation or a commitment from the individ- ual. He said his decision was made on the commentary he heard at the time, but was an incomplete picture. Therefore he could understand a motion to reconsider and to speak to the Commissioner face-to-face. Mayor Krier said he didn't know how long Commissioner Loyal was going to be away. He said he did try to contact him, without success, and ultimately had to make a judgment on "what was the greater good". He said that he had informed the Board, but no one had called him or had spoken with Chairman Farkas. Nothing was brought up until it was brought up publicly. Trustee Brunner noted, regarding absent members of other commissions, that many of those commissions are advisory in nature, and therefore their work can go on in spite of members being absent. There are only a few commissions that a part of the Procedural Control proc- ess, which are the commissions where residents and homeowners need timely decisions. She said she had received the same email and said the mayor didn't know how long Mr. Loyal would be out of town. Mayor Krier said that was a good point. He said that attendance doesn't tell the whole story. He said he felt terrible about the way it's been handled but did not think he was at fault; rather, there was "grandstanding" going on to make the mayor look bad. He pointed out that Mr. Matz, the campaign manager for the Action Party, was the one who brought this up earlier today. Minutes of February 11, 2008. Board MeetiDg VII. PRESIDENT'S REPORT (continued) The mayor said he had just reappointed an individual who filed an objection to his party's petitions. He said he didn't have to, but he wasn't "playing politics", as others are. Trustee Staackmann said that he had called Chairman Farkas and had said so at the last meeting, and that Chairman Farkas indicated that he knew Mr. Loyal was out of town on family business. He agreed that something should be done about non-participating members of commissions, but was concerned about the process. Trustee Staackmann said he did not feel that a phone call was adequate; he felt that a letter to the individual should be sent as well. That would have been more professional. He said that Mayor Krier has always said that he wants his administration to be "open and transparent", and, based on that premise, he was bringing up his concerns in public for a full discussion. Mayor Krier said his point was to avoid dragging this individual's name through the mud. Trustee Staackmann felt it could have been avoided if the motion to table would have passed. He pointed out that, if the Board is going to look at removing people from commissions for absenteeism or for non-participation, it should be across the board-not just singling out one individual. Trustee Staackmann noted that the Mayor has been keeping track of attendance for the past couple of years, and he felt that the mayor should have let the Board know that there was a problem earlier on, so that some action or discussion could have occurred earlier. passed:4 ayes, 2 nays. Tr. Brunner Tr. Minx Mayor Krier called for the vote on the motion to reconsider the vote to remove Mr. Loyal. Trustee Marcus asked, if the motion to reconsider fails, then that's it. But if it passes, does that mean we vote again on the original motion to remove him? Corporation Counsel Liston ad- vised that the motion could be to reconsider and rescind if the Board didn't want to take two votes. Trustee Thill amended his motion to be a motion to reconsider and rescind the motion to remove Mr. Loyal. Trustee Marcus amended his second. Upon the vote, the motion Tr. Kogstad aye Tr. Marcus a~ Tr. Staackmann awe Tr. ThiII aye Trustee Minx prefaced her vote by saying she felt this was a farce; that Mr. Loyal has been dragged through the mud enough, and his continued absences from the Plan Commission are not fair to the residents. Trustee Brunner asked what happens now to the appointment of Andrew Syzmanski. Mayor Krier said he had no idea-this is brand new territory. Corporation Counsel stated that there is no longer an opening on the Plan Commission for Mr. Syzmanski. She asked the mayor if Mr. Syzmanski had formally resigned from the Appearance Commission. Mayor Krier said he thought so, but said he hadn't received a letter of resignation from Mr. Syzmanski. Ms. Liston said, if there was no letter, it could be construed that he had not resigned from that commission. She asked if there were any additional vacancies on the Appearance Commission. Mayor Krier said no, there's not. Ms. Liston said it was her understanding that Mr. Zimmer had already attended an Appear- ance Commission meeting. Mayor Krier wondered if that meant that any actions taken at that meeting would now become null and void. Ms. Liston asked if there had been a quorum at the Appearance Commission meeting, without counting Mr. Zimmer. Trustee Thill, who had attended that meeting, said there was. Mayor Krier asked Trustee Thill if he would entertain a motion to discuss this matter with Mr. Loyal upon his return, before putting him back on the Plan Commission. Trustee Kogstad said it was his understanding that, because the motion to reconsider and rescind the removal ,,: VII. PRESIDENT'S REPORT (continued) of Mr. Goyal had been approved, that Mr. Goyal is now back on the Plan Commission. Trustee Marcus asked if, since the motion passed, did the Board have to go back and rescind other actions it took in relation to this? Ms. Liston responded that the Board had only taken one other action: concurrence with the appointment of Mr. Syzmanski to fill the vacancy on the Plan Commission left by the removal of Mr. Goyal. The Board could reconsider and rescind that, as well. She said there was old case law (from 1925) that says that the Board can't reconsider an action if it will "intervene with the rights of a third party." Ms. Liston said she is concerned. that the Board, in trying to make things right with Mr. Goyal, is interfering with Mr. Syzmanski and Mr. Zimmer. However, the case law does say "rights", and she did not feel that anyone could say they have the "right" to be on the Plan Commission or Appearance Commission. Mayor Krier suggested that the Board rescind what itjust did. Ms. Liston said that the Board needs to put everything back the way it was. Mayor Krier said the Board can't appoint and he wasn't going to. Trustee Marcus wondered if the Board's action tonight superseded other actions it had taken previously. Ms. Liston clarified that, if Mr. Goyal was now considered not to have been removed from the Commission, there is no vacancy to which the Mayor could appoint Mr. Syzmanski. She said, "You can't appoint someone to a position that isn't there." Trustee Marcus said, on that basis, a vote was taken to rescind the dismissal, which overrides anything else that happened based on that removal. Mayor Krier said he disagreed with that premise. Trustee Staackmann felt this should be tabled for further research by Corporate Counsel. Mayor Krier asked what exactly was being tabled. The motion has already been voted on. Trustee Minx pointed out that the Plan Commission meets one week from today. Trustee Thill felt there would be a quorum. Trustee Minx said the point is, with four commissioners in attendance, if there's one dissenting vote, that could mean that a person requesting some- thing could be turned down and then could not bring the request back to the Commission for a full year. Trustee Thill moved to "step back" the two appointments of Mr. Syzmanski and Mr. Zimmer. Mayor Krier did not feel that was possible. He said that it would appear that a motion to rescind each appointment would be necessary. Trustee Minx asked, what about the business taken at the Appearance Commission meeting which Mr. Zimmer attended? Would they be rendered null? Trustee Thill said he did not feel they would, because, at the time the business took place, Mr. Zimmer was a sitting member of that Commission. He said he was not retro- actively removing him. Trustee Minx said that, by rescinding, that was, in fact, what was happening. Mayor Krier felt this was all a "big mess" and asked Trustee Thill what he wanted to do about it. Trustee Thill agreed that it was muddled up and reiterated that his focus was on the methodology. He said that if the Board would have waited until Mr. Goyal returned, there would be no "mess". He said that he voted to postpone this matter. Mayor Krier pointed out that the motion to postpone failed, so now Trustee Thill was trying a "new way" to take care of the matter. Trustee Kogstad stated that this is a legitimate way of conducting business and that Trustee Thill had every right to do this. Trustee Marcus said that if no resignation letter from Mr. Syzmanski has been received, it appears he could go back to the Appearance Commission. Mayor Krier disagreed. He said that he is the only one who can remove people from a Commission, and felt the best answer would be to rescind the action the Board had just taken. ,,: VII. PRESIDENT'S REPORT (continued) Trustee Kogstad said the decision has been made. He said that Corporation Counsel had provided a recommendation that the Mayor disagrees with: basically, that if Mr. Syzmanski has not submitted a letter resigning from the Appearance Commission, then effectively, he hasn't resigned. Mr. Goyal has been reinstated. Mayor Krier disagreed and asked Ms. Liston to weigh in. She responded that she would prefer to give her opinion in private, unless the mayor said otherwise. Mayor Krier indicated that he wanted her opinion now. She said she could research it but didn't think she'd find a case to mirror this situation. She repeated that "you can't appoint someone to a seat that doesn't exist". She felt that the appointment of Mr. Syzmanski to the Plan Commission couldn't occur if the seat wasn't vacant. Mayor Krier asked her if it was her opinion, then, that everything just goes back to the way it was? Ms. Liston responded that it would be clearer to do that. Trustee Brunner wondered about the actions taken at the Appearance Commission-was he a sitting member of that Commission? Ms. Liston said she'd like to have more facts before rendering an opinion. She had questions such as: what occurred, who was there, were they advisory-type decisions? Ms. Liston said she'd caution Mr. Syzmanski not to be seated at the Plan Commission meet- ing because the validity of his votes could be called into question. She hoped that, by the next Board meeting, she'll have a clearer picture of what happened at the Appearance Commission meeting and be able to sort it all out. Trustee Brunner asked if Ms. Liston was advising that no further action be taken this evening. Ms. Liston replied that the only action the Board could take would be to reaffirm that Mr. Syzmanski is stil(a member of the Appearance Commission, but that is action that doesn't need to be taken this evening as the Appearance Commission doesn't meet until March. Trustee Marcus said that, basically, the record. should show what we've said and would show that we're awaiting further clarification regarding Mr. Syzmanski and Mr. Zimmer. Trustee Brunner said that, if she was a commissioner being appointed, she would worry about her future standing because of what just happened. Mayor Krier agreed, and felt that Mr. Syzmanski had been damaged now. Trustee Kogstad said, better that and have people know what the rules are and what the procedures are for removing someone. He pointed out that there are 10 or more people who missed as many meetings, yet one was removed arbitrarily. Trustee Kogstad said, "Let's sit down and take a look at this." There should be a better procedure in place, one that's fair for everyone, and then everyone will feel more comfortable. Trustee Minx said that all commissioners need to take to heart the fact that the Board is disappointed in these attendance records. She said there are situations that come up, but as a whole, attendance is v~ important. Mayor Krier said the Board followed the law but found fault with his judgment. He was concerned about people not getting a full hearing because the Board is worried about hurting someone's feelings. Thrs is "Monday morning quarterbacking" and now the Board looks foolish. He asked Ms. Liston what the status is of Mr. Syzmanski and Mr. Zimmer. Ms. Liston said an appointment to a position that doesn't exist is void. Mayor Krier said it existed last week but doesn't now. Ms. Liston said she'd like an opportunity to research this further. She suggested that Mr. Szymanski refrain from attending the Plan Commission meeting. to Minutes of February 11, 2008 Boartl Meeting:. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report, but announced that the Advisory Commission on Aging would meet tomorrow at 1:00 p.m. The Commission meets monthly; she encouraged every- one to attend. IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS TRUSTEES'REPORTS Trustee Brunner had no formal report. She said that the Senior Center is still accepting memberships. Those interested should call the Senior Hotline at (847)470-5223. Trustee Brunner announced that the Sharps and pharmaceuticals disposal programs are continuing at the Civic Center. Trustee Brunner said the Village has just started doing compact fluorescent bulb recycling. There is a recycling container for them at Village Hall. She said the Village will also begin accepting four-foot fluorescent bulbs as long as they are wrapped in newspaper. For more information, residents can call (847) 470-5221. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus presented Resolution 08-07, Authorization for the Purchase of Watch- guard Digital In-Car Video Recording Systems for Police Vehicles From the Illinois State Bid Program, Contract #PSD-4014193. He explained that these systems will replace older VHS-based in-car recording systems that are deteriorating in reliability. In-car video recorders document police activity and can be used for evidence collection, court testimony, and refuting claims of police misconduct. Three in-car systems were budgeted in 2008 at a cost of $14,346. u Minutes of PebYUary 11, 2008 Board Meeting X. TRUSTEESCREPORTS (continued) C. Trustee Marcus: (continued) Trustee Marcus moved to approve Resolution 08-07, seconded by Trustee Kogstad. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad a~_e_ Tr. Marcus aloe Tr. Minx ~ Tr. Staackmann ~ Tr. Thill D. Trustee Minx: Trustee Minx presented for a first reading Ordinance 08-07, An Ordinance Granting A Special Use Permit to Allow a Pet Store at the Property Located at 7913 Golf Road. She explained that this was pursuant to Plan Commission Case PC07-11, which had been reported to the Board earlier this evening. Village staff had no concerns with this case; no interested or concern parties testified at the hearing; and the Plan Commissioners had unanimously recommended its approval. There was no further discussion on Ordinance 08-07. Trustee Staackmann Trustee Staackmann had no report. Trustee Thill Trustee Thill presented Resolution 08-08, Authorization to Execute a Professional Services Agreement With Baxter & Woodman For Construction Administration Services For The Electrical Improvements at the North Pumping Station. Trustee Thill moved to approve Resolution 08-08, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus awe Tr. Minx ~e Tr. Staackmann a~ Tr. Thill afire X. Nett, Trustee Thill presented Resolution 08-09, Authorizing the Purchase of a New F Portable Small Diameter Sewer Pipe Television Inspection System. Trustee Thill moved to approve Resolution OS-09, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad awe Tr. Marcus a~2 Tr. Minx ~e Tr. Staackmann are Tr. Thill afire 12 Minutes of February 11, 2006 Board Meeting. XL OTHER BUSINESS NONE XII. WARRANTS Trustee Minx presented the Warrant Register for February 11, 2008, which totaled $314,516.94. She moved to approve the Warrants as presented, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad ~ Tr. Marcus aye Tr. Minx afire Tr. Staackmann a~~e Tr. Thill awe XIII. RESIDENTSCICOMMENTS a. Bill Luksha. Mr. Luksha noted that 80% of sidewalks in Morton Grove are impassable due to the snow. He commented that Skokie has sidewalk plows, and people can use the sidewalks there. Mr. Luksha said that the people of Skokie asked Morton Grove to support their bond issue for the Holocaust Museum. Mayor Krier said Mr. Luksha was mistaken; no one from Skokie officially asked. Mr. Luksha wondered if the Village would consider asking to borrow Skokiels sidewalk plowing equipment so Morton Grove's sidewalks could be passable. Regarding burglaries, Mr. Luksha suggested that, if residents are going to be out of town, they should inform their neighbors and the Police Department. He also asked residents to feed the birds this winter. Nancy Canning. Mrs. Canning complimented the Public Works personnel and also gave credit to neighbors who help out neighbors by snowblowing for them without being asked. Regarding other instances of absenteeism on the various commissions, she wondered if those commissioners who were absent had contacted the appropriate person(s) to inform them of their absence, and also what kind of reasons were being given for the absences. Trustee Thill said he canitlanswer for the other absences. He felt sure that everyone who missed meetings probably felt they had legitimate reasons for doing so, but he didntl know what they were^ .or if they had informed the chairperson of their commission that they be absent. c. Bill Zimmer. Mr. Zimmer said that it figured"l that a trustee who has missed 15 or 16 Board Meetings in a row would defend a commissioner who!s missed only half as many. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss the personnel, labor negotiations, real estate, and pending litigation. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus ay+e, Tr. Minx afire Tr. Staackmann awe Tr. Thill aye The Board adjourned to Executive Session at 9:55 p.m. 13 .Minutes o1 FebruaN 11, 2008 Board Meetog~ XIV. ADJOURNMENT/EXECUTIVE SESSION (continued) Mayor Krier called the Executive Session to order at 10:06 p. m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, Finance Director Partipilo, Assistant Finance Direct Horne, and Community & Economic Development Director Neuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session at 11:37 p.m. The motion was seconded by Trustee Minx and passed unanimously via voice vote. Trustee Staackmann then moved to adjourn the regular meeting. The motion was seconded by Trustee Minx and passed unaroimously via voice vote. The regular meet- ing adjourned at 11:38 p.m. PASSED this 25th day of February, 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED)be this 25th day of February, 2008. °`" T 1' l j n ~ ~ ,~~~ { r ~ __ ~`" """"Richafd Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 26th day of February, 2008. ~. ~ ~ ~" ~~ Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 14