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HomeMy WebLinkAbout02/23/1993 COW minutes ' Minutes COMMITTEE OF THE W/{OLE February 23, 1993 I. ROLL CALL The meetang was called to order at 7:30 PM by Mayor Gerald L. Farley. Trustees present were George Clowes, Timothy Corcoran, Leo Floros, Paul Hoefert, and Irvana Wilks. Trustee Busse was absent. Also present were Village Manag- er Mzchael Janonis, Village Attorney Everette Hill,-Jr., and Public Works Director Herbert Weeks. II. MINUTES OF FEBRUARY 9, 1993 The manutes of February 9, 1993 were accepted and filed. III. CITIZENS TO BE HEARD Rachard Hendracks of 1537 E. Emmerson Lane addressed the board, stating that a Septen%ber 1990 issue between h~m and a neighbor has been resolved. He stall has an issue wzth an October 5, 1990 anterpretation gaven to him by the Plan- ning Director. Mr. Hendricks stated that an zssue he want- ed to present to the board for dzscussion should be de- ferred, as there was not a full board present. He rec/uest- ed deferral until the next meeting. ~ Mayor Farley suggested that it be at the next Committee of the Whole meetan~. IV. DISCUSSION REGARDING P~TENTIAL C~LkNGES TO VILLAGE BOARD AGENDA FORMAT Mayor Farley opened the dzscussion by-suggesting that vot- ang requzrements should be the main topic. He asked the trustees af they had other issues that they wished to clari- fy. Trustee Clowes brought up the issue of veto power of the mayor and Attorney Hill's memo regarding his opanion of same. Attorney Hall stated that, under our present prac- tice,~if the mayor has the r~ght to vote on all issues, then he should possibly not have veto power. If he has a l~mited raght to vote, then he may have veto power. Statu- tory requirements are that on l~m~ted raght to vote; ~.e., breakang ties, etc., veto power exists. Trustee Floros cor~mented that Mount Prospect mayors always had the raght to vote. Former Mayor Temchert had exerclsed the veto power one time, whereas former Mayor Krause never exercased her veto power in her 12 years in office. Mayor Farley has exercised the veto power once during his term. Trustee Clowes commented regarding Ordinance No. 2490, dated 1974, which intent was to give the mayor the right to veto. Trustee Corcoran questioned if there was anything in the state statutes to prevent them from passing a veto power ordinance. Attorney Hill recommended a referendum, which would remove all doubt on the Issue. In response to a question by Trustee Corcoran, Attorney Hill's advice is to have the referendum before there 1s a legal challenge on the veto power. Mayor Farley suggested that the state legislature be contacted on the veto issue. Attorney Hill agreed that the Northwest Municipal Conference should be- come involved and assist the Village in getting legislative interpretation. Trustee Wilks commented that she had brought the veto power Issue to the board's attention several months ago. She also commented that she understood, from a constitutional convention she attended, that veto power was dependent upon the manner in which the board and mayor are elected. If the mayor is voted in at-large and the trustees by de- fined districts, then the mayor would have veto power. If all elected officials are voted in at-large, there is veto power. Trustee Wllks stated that, if veto power exists, then there should be an override process such as in our community under Ordinance No. 2490. Attorney Hill suggested that trustees could override a veto but they would have to have two-thirds majority. Trustee Clowes suggested adopting an ordinance recognizing the mayor's having veto power and if that ordinance would not pass, then repeal existing Ordinance No. 2490. Trustee Floros agreed to contacting the NWMC and asking them to seek legislative change or clarification. Mayor Farley con- curred with Trustee Floros' recommendation. Trustees Corco- ran and Wllks favored passing of a veto ordinance and ad- dressing the override issue; also, to contact NWMC for ~ legislative clarification. Mayor Farley felt there was concurrence of the board on that recommendation, and then directed staff to prepare the necessary ordinance for a future meeting. Mayor Farley yielded to audience. Richard Hendricks ad- dressed the board again, stating-that he was a member of the board that passed Ordinance No. 2490. He stated that the key has always been five full votes or a superma]orlty to override recommendation by an appointed commission. Mr. Hendrlcks wanted the words, "present and voting" removed from the ordinance. Mayor Farley commented that he was for a simple majority vote on most all issues. His concern was that an appointed board currently has the power to force an elected board to muster a supermajorlty to override a nega- tive recommendation of the appointed board. His rationale was that if an elected board makes mistakes, it is held 2 accountable to the voters, whereas an appointed board not. Discussion was held on what constitutes a superma]orlty or an extraordinary majority. In the opinion of Attorney Hill, it is something greater than a majority. Trustee Wllks and Mayor Farley both agreed that they want a four- vote majority. Discussion followed on some of the neighbor- ing communities' practices, and Trustee Clowes opted to stay with the superma]ority which requires five votes. Trustee Floros suggested that he had a problem with the five-member majority vote. He felt that, when only slx elected officials are present, a four-vote majority should be adequate. Trustee Floros suggested that a superma3orlty should be identified as those present and voting. Attorney Hlll suggested that a superma3orlty normally con- cerns zoning or land use issues, acquisition or sale of municipal properties, and finance. Trustee Corcoran agreed to relinquish the five-member re- quirement for a superma]ority, but prefers that there be not less than four members. Be also stated that if a trust- ee will be absent from a particular meeting when an issue is brought up for a vote, then that trustee should have the right to request moving that agenda item to a later date when he/she could be present. Village Manager Janonis will address the changes as cussed. An alternate procedural method concerning readings of Zoning Board votes was briefly discussed and deferred to a discussion regarding modifications to the Zoning Code. V. MANAGER'S REPORT The Village Manager had nothing to report for this meeting. 'VI. ANY OTHER BUSINESS Mayor Farley asked trustees and audience if there was any other business to be brought before the board. Trustee Clowes brought up a document in which Mayor O'Malley from Hoffman Estates advocates opposition to state-mandated programs that affect municipalities. Trustee Clowes recom- mended that the Village support Hoffman Estates in matter. Richard Hendrlcks commented about some Sign Code interpreta- tions by staff. The principal issue is the method of mea- suring footage from an illuminated sign as interpreted by staff. The Village Board saw no reason to amend the Sign Code as it is currently worded. II. ADJOURNMENT The meeting was adjourned at 9:22 PM. Respectfully submztted, H;er~ber t~ We~ek s~~ Director Public Works