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HomeMy WebLinkAbout10/12/1976 VB minutes MINUTES OF THE SPECIAL BOARD MEETING OF THE · MAYOR AND BOARD OF TRUSTEES OCTOBER 12, 1976 CALL TO ORDER The Deputy Clerk called the meeting to order at 7:40 P.M. In the absence of Mayor Teichert, the Deputy Clerk called for nominations for a chairman pro tem. Trustee Minton, seconded by Trustee Floros, nominated Trustee Rhea. Trustee Floros, seconded by Trustee Minton, moved nominations be closed. Unanimous. Trustee Rhea assumed the Chair. INVOCATION Trustee Richardson gave the invocation. ROLL CALL Present upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Absent: Teichert Wattenberg Special meeting of the Mayor and Board of Trustees of the Village of Mount Prospect called by Mayor Teichert on Friday, October 8, 1976, pursuant to Chapter 2 "The Board of TruStees,', Section 2.103 "Meetings", as specified in the Municipal Code of Mt. Prospect. ~ This meeting was called to consider a motion heretofore tabled: "To have the Village vacate the Agreed Order for Case No. 73L12381 and re~enter the case." DISCUSSION OF MOTION Fred Schurlorn, 1517 Park Dr., and Bob Barett, 1516 Park Dr., were the main spokesmen for the home owners seeking to have the Village re-enter the case. The home owners emphasized the following points when making their presentation: 1. Claimed Brickman never had County zoning approval for his proposal. 2. Village of Mount Prospect still is involved in the suit because its name appears as one of the parties in the litigation. 3. Claimed the Village's zoning ordinance is the issue on trial. 4~ Felt when the Appellate Court reversed the jUdgement of the trial court it automatically over-turned the consent decree entered into by Brickman and the Village of Mt. Prospect. This was assertained through a legal opinion solicited by the home owners from outside counsel. 5. Asked Village Board to cast a vote on the merits of the case and not based upon legal restraints. 6. Urgency for action due to impending trial date.(Oct. 25) Chairman Rhea responded by stating the crux of the issue before the Board was whether one duly elected constituted Board should reside the action of a previous duly elected constituted Board when the facts of the issue have not been altered in the su'b- sequent 2½ years since initial Board action. Pg. I 10-12-76 he Chairman further pointed out that the Board represents all the people of Mt. Prospect and this must be given careful consideration when the Board is asked to commit Village tax dollars, especially when the cost may become quite high as is likely with this issue. Trustee Minton addressed the d'ispari~of opinion surrounding the Agreed Order. He stated the Appellate Court reversed the judgement of the Agreed Order. The Court did not address itself to the legality of such an agreement entered into by the concerned parties. The ruling was a procedural one. The rationale for such a ruling was based upon the denial of the home owners by the trial court to participate in the original proceedings. Essentially, if the home owners were granted full participation in the original proceeding, there would be no Appellate case. Trustee Minton conceded the Village's own outside legal opinion addressing the ramifications of the continued lawsuit was subject to various interpretations. Ken Henke, 1514 Park Dr.; Lou Dumas, 2015 Cayuga; Mrs. Jons, 1515 Mura Ln. stated that the issue before the Board was major con- sequence to a number of residents and hoped the Village would support them in their endeavors. The home owners requested, if the Board decided not to re-enter the case, to have $2,500 appropriated for the litigation to continue. The Village Board reminded the home owners when they asked to intervene, they did so with the full knowledge that costs incurred necessarily be financed by them and not all taxpayers of Mt. Prospect. The fact that the legal expenses which the original Village Board could not justify on behalf of the community are now burdensome to the interveners who took unilateral action is not in itself justification for this Board to pledge the community's tax resources to their case. Trustee Floros, seconded by Trustee Minton, moved to bring the tabled motion to the floor. Upon roll call: Ayes: Floros Hendricks ~inton Richardson Motion carried. Trustee Floros, seconded by Trustee Minton, moved to have the Village vacate the Agreed Order for Case ~73L12381 and re-enter the ~ase. Upon roll call: Ayes: Floros Minton Nays: Hendricks Rhea Richardson Motion failed. With there being no further business on the Agenda, Trustee Richardson, seconded-by Trustee Minton, moved for adjournment. Unanimous. Time: 9:35 P.M. KEVIN O'DONNELL DEPUTY CLERK