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HomeMy WebLinkAbout2006-01-09 MinutesCALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:29 p.m. and led the assemblage in the Pledge of Allegiance. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Dan DiMaria, Roy Kogstad, Rita Minx, Dale Senensky, and Dan Staackmann. APPROVAL OF MINUTES Regarding the Minutes of the November 28, 2005 Regular Meeting, Trustee Minx moved to approve the Minutes as submitted, dispensing with the reading thereof. The motion was seconded by Trustee Senensky and passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann IV. SPECIAL REPORTS Appointment of New Police Sergeant Fire and Police Commissioner Tony Hofeld was pleased to perform the swearing in ceremony for new Police Sergeant Marvin Bornschlegl. He was joined by Mayor Krier and Trustee Senensky. Commissioner Hofeld said that Officer Bornschlegl is being promoted to the rank of Police Sergeant to fill a vacancy due to retirement. He was the top candidate on the eligibility roster and was selected after successfully undergoing rigorous testing and an inter- view process. Sergeant Bornschlegl joined the Morton Grove Police Depart- ment in 1991 and has served the department in many capacities, including Youth Officer and Evidence Technician. He has also received the Cook County Sheriff's Law Enforcement Award of Merit. Sergeant Bornschlegl is also the president of Morton Grove's Fraternal Order of Police. PLEDGE ALLEGIANCE ROLL CALL NOV. 2S BOARD MEETING MINUTES APPROVED NEW POLICE SERGEANT SWORN IN After the swearing in, Sergeant Bornschlegl was congratulated by everyone, including Officer Jeff Huber, who presented Bornschlegel with tokens of appreciation on behalf of the FOP lodge. Iv. (continued) Mayor Krier apologized for the absence of Chief Paul Tasch and Deputy Chief Mark Erickson, explaining that they were attending a ceremony for another Morton Grove police officer, honoring that officer for his valorous actions which resulted in the officer becoming injured in the line of duty. 2. 3. Proclamation Regarding First Baby of 2006 Mayor Krier noted that the first baby of 2006 born in the Chicago area was born in Morton Grove. Jeslin Varghese was born just a few seconds after midnight to proud parents Matthew and Retty Varghese. To commemorate the occasion, Mayor Krier proclaimed January 1, 2006 as "Jeslin Varghese" day in the Village and urged all citizens to love and cherish their children, and nurture them to become the new leaders and representatives of Morton Grove. Jeslin's father thanked the Mayor and the assemblage. Plan Commission Case PC 05-13 Requests Parking Variation at 9133 Waukegan Road. Before presenting this case, Plan Commission Chairman Ron Farkas thanked Mayor Krier for reappointing him. Mr. Farkas then provided the facts of this case. He said that the applicant, Morton Grove Dental Associates, was seeking a parking variation for over ten percent and relief from the parking access requirement. At the Plan Commission hearing, the Village Planner, Bonnie Jacobson explained that the building housing the dental practice had expanded, leaving them one space short of the requirement. However, due to the small size of the building, it exceeded the allowable ten percent variance. The dentists are expanding the size of their treatment rooms and lunch rooms. They have five parking spaces and tandem park their personal cars at the rear of the building. The dentists also have a revocable written agreement regard- ing the use of the three parking spaces next to their building from the adjacent medical center. The medical center's parking is more than adequate. The five spaces of the dentistry practice plus the three medical center spaces will more than meet the actual parking needs. No one spoke regarding or opposing this matter. The Commission unanimously recommended approval of the request. Trustee Senensky moved to accept the Plan Commission's report. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. 4. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann Presentation of Employee Service Recognition Awards Village Administrator Joe Wade acknowledged the following individuals: Ken Vander Hagen, Police Department, 20 years Kevin Lochner, Public Works Department, 15 years, Stacy Sopkin, Finance Department, 10 years, James Hankey, Police Department, 10 years PROCLAMATION REGARDING FIRST BABY BORN IN 2006 PC 05-13 REQUESTS PARKING VARIATION AT 9133 WAUKEGAN ROAD EMPLOYEE SERVICE RECOGNITION AWARDS V. PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) Christ Arns wished the assemblage a Happy New Year and said that we all have a lot to be thankful for. Mr. Arns stated that the November 28, 2005 Board Meeting Minutes that had been approved earlier this evening omitted vital parts of his comments. He said that this is not the first time he's complained of such omissions. He said that the May 23, 2005 Minutes remain "misstated" as do the Minutes of the June 13, 2005 meeting. He added that the June 13th Minutes are also missing from the Library. Mr. Arns said that, additionally the July 11th Minutes are not only misstated, but the Board Meeting videotape "inexplicably" cut out half of his comments. Mr. Arns' said that comments omitted from the November 28th minutes had to do with the "sudden tripling from 5% to 20% of the Village property tax levy". He said the Minutes omitted his "key questions surrounding the timing of this hike," which, he suggested, "appeared to coincide with Mr. DiMaria's nomination to run for Republican Committeeman of Niles Township." Mr. Arns said that at least half of his omitted comments were about what he called "election insurance purchased on the backs of the Morton Grove taxpayers." He elaborated that it was "election insurance in two forms: 1) frontloading four years of tax hikes into the first year to attempt to look like good guys later, and 2) budget increases including numerous perks and favors to Village staff." He said that it appeared to him that the Board was purchasing election support and loyalty of Village staff and unions for Mr. DiMaria's run for Committeeman, giving him a base. He said that his comments concluded by saying, "Such budget increases, timed to coincide with this run, appear to look as though the Mayor and his Caucus Party would enjoy the same support of Mr. DiMaria, if successful as Republican Committeeman, that they currently enjoy from Mr. Sutker, the Democratic Committeeman. Thus, election insurance purchased on the backs of the Morton Grove taxpayers in the form of a tax hike." He said that those comments were nowhere to be found in the No- vember 28th Minutes. Mayor Krier interrupted Mr. Arns, commenting that his understanding of the Minutes taken at public hearings and meetings are that they are not verbatim minutes. He said that the best thing Mr. Arns could do to make sure his com- ments were taken correctly would be to submit them in writing so they could be attached to the Minutes and be made a part of the public record. Mr. Arns said he appreciated that and asked if he could finish his remarks. Mr. Arns talked about the misstatements in the Minutes of May 23, 2005, which have still not been removed "and appear to be (in his opinion) lingering due to possibly ulterior motives." He said that it's no secret that he's been calling for an independent special counsel-one who does no business in the Village-to review and investigate Corporate Counsel's office. He said it's no secret that he's called for this based on Corporate Counsel's behavior and her real estate transaction with Osco, "an ongoing recipient of a quarter of a million in Village RESIDENT CONCERNED ABOUT INACCURACY OF BOARD MEETING MINUTES VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) tax dollars", so that it appears that Corporate Counsel has "benefited from her office." He said it was no secret that he believes it appears that the Village is losing sales tax dollars as a result of this, "sorely needed dollars whose absence contributed to our 20% tax hike" perhaps because of this real estate deal. Mr. Arns said the May 23`d Minutes contain a statement suggesting that he claimed Corporate Counsel was guilty of a crime. He said that was "simply inaccurate." He asked "how and why would I proclaim her guilty of a crime when I am not a judge, a jury, or a lawyer. I don't even have all the facts-and that's the problem." Mayor Krier asked Mr. Arns if he was just correcting the Minutes or what. Mr. Arns responded that he was correcting the Minutes and providing what he considered to be an important defense of that. He said, "As I previously pointed out, to attribute any guilt or any crime is premature. We haven't even had an investigation yet. Such a claim would prematurely narrow any investiga- tion and the questions surrounding it, defeating the purpose of my own numer- ous comments. I am not in the habit of defeating the purpose of my own com- ments. Such a claim is for authorities to determine, subject to due process, protection of all rights we all enjoy. We are all innocent until proven guilty, every one of us, 24/7, and that includes Corporate Counsel." He continued, saying, "However, one need not commit a crime to violate a professional cannon of ethics, nor need one commit or be adjudicated of a crime to violate the public trust. Nor need one be convicted of a crime to violate the Morton Grove Ethics Ordinance, forbidding even the appearance of a conflict." He said the key point here is that it appears there may be something else at work. Mr. Arns said that "it's curious that there's no June 13th Minutes at the Library. It's also curious that my July 11th comments were omitted from the tape, an issue I took up with the prior Village Administrator, almost as if someone wants to leave this statement and its out-of-context editing half empty." He said "It's revealing that the Village employee responsible for taking these Minutes, under the watchful eye of Corporate Counsel is said to be personally related to an- otheremployee, an employee who, according to published reports, is a real power in this town, along with Corporate Counsel...an employee purported to have wanted me whacked last May, when I first brought this Osco deal to light, and what I reported to police as a possible physical threat...an employee who several years ago is said to have been involved in apolitically-related lawsuit, a lawsuit related to implications of someone saying something about somebody committing a crime somewhere, in the context of political realm believed by some to be designed to shut dissenters up." Mr. Arns said, "I hope that's not what this is all about. I hope that's not what this has come to." VII. PRESIDENT'S REPORT Mayor Krier had already done his proclamation of "Jeslin Varghese Day" and had no additional items under his report. VIII. CLERK'S REPORT Clerk Fritzshall had no report. Ix. A. STAFF REPORTS Village Administrator: Mr. Wade said that there is a need for the Board to have an Executive Session after the meeting tonight, to discuss possible litigation and real estate matters. Trustee Kogstad asked Mr. Wade if there was going to be a Special Meeting next Monday, January 16th. He responded yes. Clerk Fritzshall pointed out that next Monday is a legal holiday. Trustee Kogstad added that, under the Open Meetings Act, the Village is not allowed to have a Special Meeting that day. Mayor Krier said that he would have the matter researched, and if it was determined that it would be "illegal" to hold the Special Meeting on January 16th, it would be rescheduled. He noted that the Special Meeting is basically an Executive Session to discuss the status of contract negotiations, and no Board action will be taken at it. Mayor Krier told Trustee Kogstad that he wished the Trustee would have discussed his objections to having the Special Meeting on this date sooner-he could have had the matter researched ahead of time. B. Corporation Counsel: Ms. Liston had no report. X. A. TRUSTEES'REPORTS Trustee Brunner: Trustee Brunner announced that the Department of Family and Senior Services has informed her that the Village has now received a designation of being a Section 5310 Public Body Provider from the Illinois Department of Transportation. Now the Village is eligible to apply for a grant funds for a new paratransit service bus for seniors and disabled people. Also, a new Village Nurse has been hired and will begin tomorrow. Her name is Margaret DeSalvo. (Carol: Correct?) 2. Trustee Brunner said that the Board of Environmental Health is currently reviewing the Village's animal control ordinance and will have some recom- mendations on updating this ordinance soon. 3. Trustee Brunner informed the assemblage that the Community Relations Commission and the Morton Grove Chamber of Commerce are sponsoring a poster contest. Entries will be accepted at Village Hall through January 13, 2006. The theme of the poster contest is "Welcome, Neighbor". Morton Grove children from grades K-8 are invited to pick up a poster in one of four locations around town: Village Hall, the Civic Center, the Public Library, and Prairie View Center. EXECUTIVE SESSION NEEDED DISCUSSION RE SPECIAL MEETING OF JANUARY 16 AND OPEN MEETINGS ACT VILLAGE RECEIVES IDOT DESIGNATION ANIMAL CONTROL ORDINANCE UNDER REVIEW POSTER CONTEST ENTRIES ENCOURAGED X. B. TRUSTEES' REPORTS (continued) Trustee DiMaria: Trustee DiMaria presented Resolution 06-01, Authorization for the Purchase of Gasoline and Diesel Fuel. Trustee DiMaria asked that the first reading of this resolution be waived. Mayor Krier said that a first reading wasn't necessary on this resolution. Trustee DiMaria explained that this resolution will authorize the Public Works Department to continue to purchase fuel from Texor Petroleum as bid through the Suburban Purchasing Cooperative for the remainder of the contract (which ends June 5, 2006). In June, a new resolution will be prepared to cover the remainder of the calendar year. Trustee DiMaria moved to adopt Resolution 06-01. Trustee Minx seconded the motion. Trustee Kogstad questioned whether or not the Board could vote on this, since the published Agenda showed that it was an item up for a first reading. He felt that voting on this would be a violation of the Open Meetings Act. Mayor Krier said he disagreed with Trustee Kogstad's interpretation of the Open Meetings Act. He said that it was proving confusing for office staff preparing the Agenda to know whether an item was a first reading or not, so they concluded they'd list everything as a first reading, and then it could be decided at the actual meeting whether or not that Agenda item qualified for a first reading. Trustee Kogstad said he understood that, but felt that, if the Agenda was published with items listed as "first reading", one could surmise that that meant no action would be taken on that item. Mayor Krier said that he would not surmise that, he would surmise that it means that this is the first time the item is being discussed. Trustee Kogstad asked Corporation Counsel for an opinion on this matter. Ms. Liston said that the resolution that established the policy for a first reading specifically states when the Board has to do a first reading and when it does not. A first reading is required for a code amendment or when the Village President or a majority of the Board feels that it would be beneficial to the public. There is no requirement that every ordinance or resolution undergo two readings. She said it was actually a misnomer to waive a first reading when it's not required. Trustee Kogstad said that the Village's resolution establishing first readings does not "trump" the Open Meetings Act. According to the Act, whatever is published, the municipal body can act on. If it hasn't been published, it can't be acted on. Publishing Agenda items as "first reading" means "we're not voting on this." Therefore, voting on something listed as a "first reading" would be a violation of the Act. RES. 06-01 AUTHORIZES PURCHASE OF GASOLINE AND DIESEL FUEL DISCUSSION OF FIRST READING POLICY AND OPEN MEETINGS ACT IMPLICATIONS Ms. Liston disagreed, saying that the notation "first reading" means this is the first time this item is coming before the Board. X. B. TRUSTEES' REPORTS (continued) Trustee DiMaria: (continued) Mayor Krier said that Trustee Kogstad's concerns had been noted for the record. He then called for the vote on Resolution 06-01. Upon the vote, the motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad abstain Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann Trustee Kogstad stated that he was abstaining from the vote because he felt that voting on this would be a violation of the Open Meetings Act, and there could be sanctions against the Board for doing so. 2. Next, Trustee DiMaria presented for a first reading Resolution 06-02, Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. For Aerial Photogrammetric Mapping. He said that the Village is a member of the Geographic Information System (GIS) Consortium. Each year, the members of that consortium participate in the collective purchasing of aerial photography services and data. One-fifth of the community is mapped each year so that every five years the data is updated. The data that is obtained includes aerial photography, planimetric information such as buildings and roads, drainage, utilities, vegetation, structures such as fences, decks, pools, and topographic information including contours and spot elevations. Trustee DiMaria said this contract is for an amount not to exceed $25,267. There was no further discussion. 3. Trustee DiMaria then introduced Resolution 06-03, Authorizing the Execution of a Service Contract with Municipal GIS Partners (MGP) For Geographical Information System Services. Trustee DiMaria again requested that the first reading of this resolution be waived. He explained that this was a renewal of an existing contract. The contract is for an amount not to exceed $48,171. Trustee DiMaria moved to adopt Resolution 06-03. Trustee Minx seconded the motion. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad abstain Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann Trustee Kogstad requested an independent review of the Open Meetings Act and the Village's first reading policy to ensure that the Act was not being violated and that there would be no sanctions against the Board. RES. 06-01 APPROVED RES. 06-02 AUTHORIZES PROFESSIONAL SERVICES AGREEMENT FOR AERIAL PHOTO- GRAMMETRIC MAPPING (FIRST READING) RES. 06-03 AUTHORIZES SERVICE CONTRACT FOR GEOGRAPHICAL INFORMATION SYSTEM SERVICES RES. 06-03 APPROVED 4. Lastly, Trustee DiMaria wished the assemblage a Happy New Year. X. C. TRUSTEES' REPORTS (continued) Trustee Kogstad: Trustee Kogstad presented for a first reading Ordinance 06-01, An Ordinance Granting a Special Use Permit to Allow a Parking Variation For the Property Located at 9133 Waukegan Road. This is pursuant to Chairman Farkas' report earlier this evening. There was no further discussion. D. Trustee Minx: Trustee Minx had no report. E. Trustee Senensky: Trustee Senensky had no report. Trustee Staackmann Trustee Staackmann presented for a first reading Resolution 06-04, Authorizing the Purchase of Certain Permitting and Licensing Software from Springbook Software Company. He explained that the Village has utilized Springbook financial software for several years and has found that it satisfactorily meets the Village's needs. The Village's existing building permit and licensing software is obsolete. It is in the Village's best interests to purchase the building permit and licensing software from Springbook so it can be integrated with the rest of the financial software. Since Springbook is a sole source vendor for this product, Village competitive bidding procedures can be waived. The amount of this software purchase is $15,000. There was no further discussion on this resolution. 2. Trustee Staackmann then presented Resolution 06-05, Authorizing an Extension and Modification Agreement for Computer Consulting Services with NetComm2000. Trustee Staackmann requested that a first reading be waived for this since it is an extension of a current contractual arrangement. The amount of this contract is $30,000 and has been budgeted. ORD. 06-01 GRANTS SPECIAL USE FOR 9133 WAUKEGAN ROAD (FIRST READING) RES. 06-04 AUTHORIZES PURCHASE OF PERMITTING AND LICENSING SOFTWARE (FIRST READING) RES. 06-05 AUTHORIZES EXTENSION AND MODIFICATION AGREEMENT FOR COMPUTER CONSULTING SERVICES Trustee DiMaria noted that the Network Administrator was requesting that this be passed tonight, if possible. X. TRUSTEES' REPORTS (continued) Trustee Staackmann: (continued) Trustee Staackmann moved, seconded by Trustee DiMaria, to approve Resolution 06-05. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad abstain Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann 3. Trustee Senensky asked the Board if it could go back to Resolution 06-04, noting that the Finance Director had requested that that resolution be approved this evening. Trustee DiMaria added that this is a request for a system upgrade and conversion, therefore timeliness is an issue. Mayor Krier said that, since no action had yet been taken on Resolution 06-04, the Board could do so now if it wished. Trustee Senensky moved to approve 4. Resolution 06-04, seconded by Trustee DiMaria. Motion passed: 5 ayes, 0 nays, 1 abstain. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad abstain Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann Trustee Staackmann then brought forward for a first reading Ordinance 06-02, Accepting the Plat of Dedication for the Theobald Road Right-of-Way. He explained that this ordinance would formally accept a plat of subdivision for a parcel of property within the Theobald Road public right-of-way. This ordinance is required so that the plat of dedication can be properly filed with the Cook County Recorder of Deeds. There was no further discussion. XI. OTHER BUSINESS Mayor Krier stated that the Village Hall would be open on January 16, 2006. It is not a Village holiday. He said that, after consulting with Corporation Counsel, he felt that the intent of the Open Meetings Act in the matter of holding meet- ings on "legal holidays" was so that the public would be able to attend. The Special Meeting scheduled for January 16th is an Executive Session, which is not open to the public. Corporation Counsel said that the Open Meetings Act speaks to legal holidays but doesn't really define that term. The Village's employees are working, so it's not a Village "legal holiday". She said the other point is that the Act certainly allows public bodies to go into Executive Sessions to discuss collective bargaining agreements, which is the sole purpose of the Special Meeting set for January 16th. At an Executive Session, no formal action can be taken and there is no place for public input. The meeting is just to bring the Board up to speed. She said she hoped that interpretation gave Trustee Kogstad a different comfort level. RES. 06-05 APPROVED RES. 06-04 REVISITED RES. 06-04 APPROVED ORD. 06-02 ACCEPTS PLAT OF DEDICATION FOR THEOBALD ROAD ROW (FIRST READING) CLARIFICATION OF OPEN MEETINGS ACT WITH RESPECT TO JANUARY 16 SPECIAL MEETING XI. XII. OTHER BUSINESS (continued) Trustee Kogstad said that it did not. He felt that the Act was quite clear that no public meetings could be held on a federal legal holiday. He said that federal legal holidays are listed in the Act, and Martin Luther King, Jr. Day is specifi- cally mentioned. He felt the Mayor should get an outside opinion, and said that he was just trying to protect the Mayor and the Board, that he didn't want the Board to be sanctioned for violating the Open Meetings Act. Mayor Krier said he appreciated Trustee Kogstad's intent, adding that he wished the Trustee would have discussed these concerns with him in his office. The Mayor said he had no objection to outside counsel, but was com- fortable taking Corporation Counsel Liston's advice. He told Trustee Kogstad that his comments had been noted for the record. Mayor Krier said that the meeting on the 16th is not a public meeting; it's a meeting for the Board to get updated on the status of the union contracts and to get some direction. It's not open to the public and he felt that there was no violation of the Act. Trustee Kogstad agreed that the Board needs to be updated as to the contracts but said again, "Not on that day. The Act is quite clear on that." Trustee Staackmann asked how long the Special Meeting date has been posted. Mayor Krier said he believed that the Board has been aware of this meeting since at least December 22°d, if not earlier. He said he's heard noth- ing from Trustee Kogstad except an email he received from him on January 5th asking if there could be another date. He said that he has had conversations with other trustees about possible conflicts on the January 16th date, but not with Trustee Kogstad. Trustee Kogstad said that if he had known about this meeting earlier, he would have brought his concerns up earlier. WARRANTS Trustee Kogstad presented the December 26, 2005 Warrants, which totaled $1,091,708.04. He moved to approve the Warrants. The motion was QUESTION seconded by Trustee Minx. Trustee Kogstad said he had a question on page 5 RE COMPUTER of the Warrants, regarding the Dell workstation lease agreements in the WORKSTATION amount of $16,869.76. He wondered what that was for. Mayor Krier deferred LINE ITEM the question to Village Administrator Wade. Mr. Wade said that the lease from Dell is for equipment, not specific to any one department, but in various locations. Trustee Kogstad asked where this is charged to. Finance Director Scot Neukirch said he thought it was from the General Fund, one of the asset accounts, but said he would double-check. Mayor Krier called for the vote on DEC. zs, zoos the December 26, 2005 Warrants. Motion passed: 6 ayes, O nays. WARRANTS APPROVED Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann Trustee Kogstad then presented the January 9, 2006 Warrants, which totaled JAN. 9, zoo6 $417,187.57. He moved to approve the Warrants. Trustee Minx seconded the WARRANTS motion. There was no further discussion on these Warrants. Upon the vote, APPROVED the motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann to XIII. RESIDENTS' COMMENTS Patrick Kansoer wished everyone a Happy New Year. He began by saying that, at a 2003 Plan Commission hearing, he had made a comment that RESIDENT "Those who cannot remember the past are doomed to repeat it." That com- clvEs ment upset a Mr. Khan, who wanted t0 know what Mr. Kansoer meant by that. BACKGROUND Time did not allow the o ortunit to res ond, but "recent events seem to de- PP y p RE Mcc AND BORG mand revisiting it now." scHOOL, URGES Mr. Kansoer said that, in 1989, the Muslim Communit Center urchased Bor y p g BOARD TO volD School from School District 70. Circumstances of the sale itself and the exact MEDIATED parcels being SOId Were an Immediate SOUfCe Of COntrOVerSy. There IS docu- AGREEMENT, mentation that School District 70 was aware that the Ca ulina ri ht-of-wa P 9 Y REVOKE SPECIAL USE was owned by the Village and therefore not subject to the sale. At that time, AND BUILDING despite "machinations" Of former Village Administrator Arft and Scho01 Superin- PERMITS, AND tendent Graham to have the Village vacate the right-of-way, Chicago Title and REOPEN NEGOTIATIONS Trust refused to guarantee title on that particular piece of the parcel. The sale moved forwarded and a lawsuit was filed by neighborhood residents to void the sale. Mr. Kansoer said that the lawsuit was never heard on its merits, but was dismissed through legal maneuvering. In 1990, the Village reasserted its ownership of the Capulina right-of-way and posted signage delineating its boundaries. At that time, per Board Meeting Minutes, Mr. Syed Quadri stated that the schools was intended to serve 1st through 4th grade Muslim students, a similar use as when it was Borg School. In 2002, after neighborhood protests regarding parking abuses by MCC worshippers, the mosque plan came to light. Subsequently the MCC applied for a Special use Permit. After nine months of contentious hearings, the request was denied. The neighbors, still unhappy with the lack of enforcement of Village codes, filed a federal lawsuit. In response, the MCC, citing religious discrimination, also filed a federal lawsuit seeking $5 million dollars from the Village. Then the MCC asked the government to intervene. The Department of Justice pressured the Village to enter into mediation. The mediation occurred. Corporation Counsel Liston, "negotiating from a position of weakness", oversaw the mediated settlement which then became the basis for the approval of the previously denied Special Use Permit. Mr. Kansoer said that building permits for the project were finally issued in November 2005. Immediately following the issuance of the permits, the MCC cut down three mature memorial linden trees, with an estimated value at a minimum of $45,000. In December of 2005, the MCC said on its web site that they were unhappy with the terms of the mediated agreement, specifically the requirement to have an occupancy permit before holding Friday prayers. The announcement on their web site further stated that they wanted to reopen negotiations with the Village. Subsequently the MCC filed a lawsuit regarding the ownership of the Capulina right-of-way. Mr. Kansoer said that, in his opinion, this is one more instance where the MCC encourages its members to think of themselves as victims. He said that, when someone is conditioned to an expectation of being hated or victimized, it's very easy for them to perceive people looking at them with hateful stares or dirty looks, or for them to feel taken advantage of. 11 XIII. XIV. RESIDENTS' COMMENTS (continued) Mr. Kansoer said that, "Encouraging victimhood among its constituents increases the MCC's power, because if people are convinced they need protection, they're likely to look to and financially support an organized and politically active entity which touts itself as being willing and able to provide that protection." He added, "Also, if you're convinced you're a victim, the rule seems to be that you're absolved of any responsibility to behave in a moral way toward your supposed oppressors." Mr. Kansoer said that there will be those "who will play again the race/religion card and claim that the recitation of these facts tonight is somehow proof of immoderation, intolerance, or bigotry." He said there are people in the commu- nitywho will accept this "reverse race-baiting hogwash" as proof that the MCC should be accommodated. Mr. Kansoer said that history has proven that the MCC has consistently engaged in bad-faith actions with the Village and has practiced non- compliance with the law. It also teaches us that "strong enforcement action is respected, while negotiating from weakness brings more infractions and more demands." Mr. Kansoer said that the Village was mistaken in issuing the Special Use Permit. He said that, since the MCC is now unhappy with the deal they struck, he encouraged the Board to accede to their demands, void the mediated agreement, and reopen negotiations. He also urged the Board to revoke the Special Use Permit and the building permits immediately, and take legal action to recoup monetary damage from the destruction of the linden trees. Mr. Kansoer concluded his remarks by saying that "all parties should obey the law, even the MCC." ADJOURNMENT There being no further business to come before the Board, Trustee Minx moved to adjourn to Executive Session to discuss real estate, litigation, and personnel. Trustee Senensky seconded the motion. Motion passed: 6 ayes, MEETING t) nays. ADJOURNED Tr. Brunner ave Tr. DiMaria a~ Tr. Kogstad a~ Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann The Board adjourned to Executive Session at 8:40 p.m. The Executive Session began at X:XX p.m. In attendance were Mayor Krier, Clerk Fritzshall, Trustees Brunner, DiMaria, Kogstad, Minx, Senensky, and Staackmann. Staff members present included Village Administrator Wade, Corporation Counsel Liston, Finance Director Scot Neukirch, and Economic Development Director Bill Nuendorf. (Carol: Correct?) At the conclusion of the discussion, Trustee XXXXXXX moved to adjourn the Executive Session, sec- onded by Trustee XXXXXXX. Motion passed: 6 ayes, 0 nays. Tr. Brunner ave Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann The Executive Session adjourned at XX:XX p.m 12 XIV. ADJOURNMENT (continued) Trustee XXXXXXX then moved to adjourn the Board Meeting, seconded by Trustee XXXXXX. Matian passed: 6 ayes, 4 nays. Tr. Brunner aye Tr. DiMaria ~ Tr. Kogstad Tr. Minx ~ Tr. Senensky ~ Tr. Staackmann The meeting adjourned at XX:XX p.m. PASSED this 13th day of February, 2006. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED by me this 13~" day of February, 2006. Richard Krier, Village President Board of Trustees. Morton Grove. Illinois APPROVED and FILED in my office this 14th day of February, 2006. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 13