HomeMy WebLinkAbout03/27/1962 VB minutes MINUTES OF REGULAR MEETING OF
BOARD OF TRUSTEES }{ELD' ON
T~F_~SDA¥, I~RCN 27, 1962
President $chlaver opened the meeting at 8:35 P.M., and upon roll call
roll call, the following trustees answered Present:
Bickley Bruhl Phillips Caw
Absent: Ekren. Trustee Casterline arrived later.
Trustee Bruhl, seconded by Trustee Bickley, moved that the minutes
minutes of the meeting of March 20th be corrected as follows: Omit "reported
that the Building Committee" from first sentence in bottom third of page 463.
This motion carried by acclamation.
Trustee Bickley, seconded by Trustee Gaw, moved that the minuts
of the meeting uf March 20th be approved as amended.
Upon roll call: Ayes: Bickley, Brubl, Phillips, Caw.
Motion carried.
Trustee Br-hl, secsnded by Trustee Caw, moved for payment of the
following bills:
General $2,606.53 bills
Garbage 24.34
Water operations 1,094.09
$3,724.96
Upon roll call: Ayes: Bicktey, Bruhl, Phillips, Caw.
Motion carried.
Trustee Bruhl, seconded by Trustee Gaw, moved for approval cf the
Treasurer's financial report ending February, 1982 Financial
report
Upon roll call: Ayes: Bickley, Brmhl~ Phillips, Gaw
Motion carried.
Trustee Bickley, seconded by Trustee Phillips, moved that the Zoning -
Zoning Boar~ ef Appeals act as a Zoning Commission for the purpose of Shopping
amending the zoning ordinance, publishing due notice of such hearing as centers
follows:
Case 62-7: Amend zoning ordinance by adding the following definition to
Sec. 17:
Shopping Center. A business development containing four (4) or more offices
or indoor retail steres, connected by part walls, developed under one owner-
ship, with an integrated building arrangement, having an aggregate floor area
of more than twenty thousand (20,000) square feet, which development shall
be considered as a single unit. The minimum area occupied by a Shopping
Center and its accessory off-street parking facilities .shall be not less
than two and one'half (2½) acres. The term Shopping Center shall not include
drive-ins and/or automotive service tYPe or sale facilities."
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Gaw.
Pass: Casterline
Absent: Ekren
Motion carried.
Trustee Casterline took his seat at 8:47 P.M.
March 27, 19~2
68
Zoning Trustee Bickley, seconded by Trustee Phillips, moved that
notice be published stating that the Board of Appeals act as Zoning
Commission for the purpose of establishing boundaries of zoning
districts as per a now proposed zoning plan, the same beir~ in the
form of a booklet of maps, and with the further purpose of adopting
same as ~he official, zoning plan of the Village, copies of which may
be inspected At %he office of the Village Clerk, or purchased.
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Caw,
Casterline ~_~
Motion carried.
Trustee Bickley, seconded by Trustee Phillips, moved that
the purchase price of the now ~ening booklet be set at $5- per copy.
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Casterline.
Motion carried.
Trustee Bickley read report signed by Chief Whittenberg,
Police - giving general infermatinn regarding the David Kantor homicide case,
Kantor which has never been solved. This report is as follows:
Homicide Case
GENERAL INFORMATION REGARDING HOMICIDE INVESTIGATION
OF DAVID KANTOR
At the outset of this investigation on Nay 6, 1961, four Police Officers,
the inhalator squad of the Mt. Prospect Fire Department, plus a doctor,
were called to the scene. The deceased was pronounced dead by local
doctor. Due to the condition of the body, the Chicago Crime Lab was
called to assist local police. Also at this time, the Coroner's Office
was notified of the situation and they immediately dispatched two Deputy
Coroners to the scene.
Two officers of the Chicago Police Department connected with the Crime --
Lab collected pertinent evidence after an extended investigation consisting
of approximately two hours time. Photographs and colored shots of the
body were taken and the body was removed to the Cpunty Morgue for autopsy
by the Coroner's Chief Physician.
Two Mount Prospect police officers interrogated and took statements from
four people ~mmediately involved. Neighbors in the area were questioned
and statements were taken from seven of them.
The home of the deceased was searched by four Mt. Prospect police officers,
and on the ~veining of Nay ,6, 1961 a thorough search of the premises was
made; during this search a letter-was-found that involved a person from
the State of Michigan, which led police to believe there could be an
involvement.
The total man hours required in the preliminary investigation of the
homicide of David Kantor consisted of approximately B6.
On May 7, 1961, two police officers questioned relatives in surrounding
area. Also business associates and friends of the deceased were inter-
viewed. In some cases, statements were taken. Total time involved,
24 hours.
The Coroner's Office was contacted at this time. A resum~ was given by
the Coroner's Physician to two Mt. Prospect police officers as to time --
of death, cause and condition of the body, etc. Th~ bullet which had been
removed framthe body was taken to the Chicago Crime Lab. Total time spent
on this date involved 35 men hours.
The following Sunday, two police officers canvassed the immediate neigh-
borhood of the deceased and pertinent information was gathered. Statements
were taksn from eight people. Total time spent on this involved 18 man
hours.
Prior to the funeral services for the deceased on Nay 9th, relatives,
distant relatives and friends were questioned. This consisted of about
? men hours.
March 2?, 1962
uring the next couple f.uneral services, a thorough Police -
investigation was ~ade cf by two police officers. David Kant~
This comprised about 15 individuals. Statements were taken in some cases
and in one case a polygraph examination was given, with negative resalts.
This investigation took approximately ~6 ~an hours.
The activities cf the deceased prior to his death were investigated. T~o
individuals who saw the deceased shortly before his death were questioned
and statements were taken. Also, local habitats cf the deceased were investi-
gated but nothing of any importance was learned. Approximately 21 hours were
spent in this investigation by two police ~fficers.
The former Chief of Detectives, Homicide Division, of the Chicago Police
Department was consulted for suggestions and advice, which proved to be of
great help in this investigation.
On about May 10, three policeofficers spent two days in the State of Michigan
checking the area where the deceased and his wife had previously lived, and
also checking individual who had written letter found in preliminary investi-
gation. Police records were checked in three Michigan cite. Friends and
neighbors who had known the deceased were interviewed. A polygraph examination
was given to the suspect who had written letter, with negative results. Also
interrogation of this individual by local police and three police officials of
the Michigan City Police Department cleared this person of any involvement in
this crime. Total time involved, 106 hours including travel time.
Upon return to Mt. Prospect by the three officers, it was learned that a
Juvenile from another town who had possession of a stolen revolver had been
pinked up. This weapon was checked and results were again negative. This
subject, being held by Family Court upon the request of the Mt. Prospect Police
Department, was released for a polygraph examination. Test was given with
negative results.
Four associates of this subject were interrogated by two Mt. Prospect officers
and a deputy coroner. Statements were taken from these four individuals in
the presence of the Deputy Coroner. Total time involved in investigating the
five juveniles was 28 hours.
A further investigation was made of the deceased's mode of transportation.
Local taxi cab drivers were questioned and information gathered from one of
them in regard to a certain type of car seen in the area of the deceased's
apartment. This employee of the taxicab company giving this information was
given a polygraph examination. The results of this test verified his statements.
Seven man hours involved in this investigation.
It was learned that the car in question mentioned by the taxi driver was owned
by an attorney in a distant Illinois city. Two police officers visited this
city and after interrogation of the attorney, learned there was an association
with an immediate neighbor of the deceased. Upon return to Mt. Prospect, the
neighbor (husband and wife) were interrogated. They both were given polygraph
examinations and also the attorney came to Chicago and took a test. Results
on all three were negative as far as this case was concerned, but there was
an involve~ment of another nature. The investigation of these three people
took approximately ~6 hours.
An~ immediate relative of the deceased attaempted suicide in a near-by town.
This individual had previously been interrogated but was again questioned,
this time at a hospital and also at a sanitarium. After examination by a
local psychiatrist of this subject, the psychiatrist stated he felt there
was no involvement of this person in the crime in question. A deputy coroner
and a Mt. Prospect police officer both questioned this subject; Approximately
78 man hours were spent by two police officers in the questioning of this
subject and doctor.
This same subject who had attempted suicide, upon ~eing released from the
hospital, left the State cf Illinois and took up residence in a city in Minnesota.
One police officer spent two days in the Minnesota city attempting to persuade
this person to take a polygraph examination with nc success. Approximately 18
hours were spent in Minnesota, plus 16 hours travel time.
Investigated firearms found in area of deceased' s apartment during garbage
collection. These were confiscated and brought t~o the Chicago Crime Lab for
a ballistics test. Both were found negative. Also, another firearm was
found in a routine ~nvestigation of another case. This too was sent to ballis-
March 27, 1982
tics with negative results. Time element involved in firearma
investigation wasabout two days, or 20 hours 'by one police officer.
As of this date, March 2?, 1962, this case is stillcpen in our files.
The Chicago Crime Lab contacts this department whenever anything they
think may have a bearing on this case turns up, and it is always
checked to their satisfaction and ours. Since the Crime Lab was called
here at the scene, they are very interested in this case and are doing
everything they can to help bri~E it to a conclusion.
Police Department
George E. Whittenberg, Chief
Trustee Gaw, seconded by Trustee Bruhl, moved that the Village
Paving of Engineers be directed to prepare the necessary plans and specificaticns
streets and papers to have Gregory and Waterman Streets paved under the 196S
around new Motor Fuel Tax program, in order that bids may be taken and construction
NW park finished before the Park District pool opens in June of 196S; also that
the Village pay one-half the cost of such engineering and paving.
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Gaw
and Casterline.
Motion carried.
Well 5 Manager Appleby gave a progress report on the work at Well 6,
stating that installation of pump will begin next week.
flood control Mr. Appleby also reported that the Northeastern Illinois Metro-
politan Planning Commission will present a flood control map here in the
Village Hall on May 16th to municipal officials of this area.
Village Manager Appleby read the following report from the
Plan Commission:
Colonial Hts. March.21, 1962
2nd Add'n President C; O; Schlaver --
and Board of Trustees
Ge~tlmen:
The Plan Commission, to whom the final plat of Colonial Heights Second
Addition was referred 'for study and report, recommends that the plat be
approved. This plat is for $ lots only and replaces a plat of subdivision
bearing the same namm and covering a larger area previously submitted
and approved.
Respectfully submitted,
Mount Prospect Plan Commission
A. 0. Dresser, Chairman
H. G. Appleby, Secretary
Trustee Bruhl, seconded by Trustee Casterline, moved to concur
in the report and moved that the President and Clerk be authorized to
sign plat of Colonial Heights Second Addition on behalf of the Village.
This motion carried~by acclamation.
Attorney Hofert gave the following repcrt:
Attorney Hofert
re To: March 2?, 1962
court suit President.and Board af Trustees
"Tropic of Village of Mount Prospect
Re:
Question of Appealing the Decision of
Judge Epstein in the case on "Tropic of Cancer"
Please be advised that I have recommended to Chief George Whittenberg
that the deci~on of Judge Epstein in the above mentioned matter not be
appealed for the following reasons:
1. The offices of the United States Attorney General, by its
prior r~lings and consent decree entered in the Federal District Court
of New York has made it virtually impossible to prevent the free circu-
March 2Y, 1982
lation through the mail of the book #Tropt~ cf Oancer" regardless of court suit
the outcome cf the present proceeding. In view of this, local action "Tropic of
can neither be complete .nor effective. Cancer"
2. It is the composite thinking of all suburban attorneys remaining
in the case that the chances of the reversal of Judge Epstein's decision is
unlikely in view of the present status of the law. This, however, is not
to state that we did not feel that the law should be otherwise as applied to
this book nor that continued attempts to mold legal doctrine in this field
should not be undertaken or commended.
S. The unqualified offer of Grove Press and Henry Miller to waive
any and all possible damages against the various Chiefs of Police in exchange
for a waiver of rights of appeal, thus finally putting to rest any apprehen-
sions which these officials, might have. This consideration was ranked last
in our reasoning, but it could not be ignored.
In view of the foregoing recommendations, Chief Whittenberg has authorized
me to sign appropriate stipulations waiving rights cf appeal, subject to
the concurrent thinking of the President and Board of Trustees.
Sincerely,
Edw. C. Hofert
Village Attorney
Trustee Bickley, seconded by Trustee Bruhl, moved to concur with the
opinion of Chief Whittenberg that no appeal be made in this case.
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Gaw, Casterline.
Notion carried. ~
Attorney Hofert went on further to state tb~t upon presentation of
a claim to the insurance company for attorney's fees and witenesses's fees,
in above mentioned court case, consideration will be given by them to pay
part or all cg this amount.
Attorney Hofert also reported that date of April 18, 19 and 20 Zoning
had bee~ set aside fur court hearing regarding property at Dale and North- court heari~
west Highway, which holds our zoning ordinance to be invalid; that it McIntosh vs
would be proper to put thereon gas station and sundry other businesses. Village
Trustee Bruhl, seconded by Trustee Phillips, moved to authorize payments
not to exceed a total of $2500 for court reporter's fees and expert witnesses
in this court hearing.
Upon roll call: Ayes: Bickley, Bruhl, Phillips, Gaw and Casterline.
Motion carried.
President Schlaver gave statement as follows re liquor licenses:
Before hearing any discussion from the floor tonight regarding the issuance
of liquor licenses, I wish to present some facts which might clarify any
confused thinking. These are facts which have been available, if asked for,
to the press, the trustees and those circulating petitions.
This Board cf Trustees one month ago voted to increase the number of liquor
licenses by two and it was clearly understood that the new licenses to be
made available would be issued (No. 1) to Paul Caltagirone for a new restaurant
instead of his present quarters and for service at tables in connection with
the serving of meals, and (No. 2) to Meeske's Super Market for beer and wine
sale only, for consumption off the premises. For this latter punpose a new
classification, E, was created, allowing only beer and wine sale. The fee
was set at $1,000 per year.
Pursuant to the direction of the Board, the ordinance was changed, and I
have issued the licenses under the power given me by the residents of th~s
Village and in accordance with the state statutes. It was only after
investigation by the Chief of Police to check the moral and financial
March 27, 1962
iquor responsibility of the applicants and a check by the Village
Attorney into the liability bonds of the applicants that I issued
the licenses. Across the face of the license issued to Paul Calta-
gircne is written, "To be Used Only at New Building After Plans are
Approved by the Village of Mount Prospect."
I repeat that the issuance of these licenses was done only after a
majority vote of the trustees. Every opportunity was given at that
time for the trustees tc register objections but none were expressed,
except in the nay votes by two trustees.
It might be well to refresh every person here tonight as to what are
the powers of the Liquor Commissioner: They are:
1. He can issue no licenses unless the Village Board
by a majority vote makes them available.
2. He can deny issuance of any license if, after investi-
gation by the Chief of Police he deems the license
applicant not ef fit moral character or has a conviction
for felony marked against him.
B. He can remove these licenses for violations such as
the sale of liquor to minors or for any other infraction
of the Village or State laws respecting liquor liceneee.
4. He can, if desired, name an advisory committee, with
advisory powers only, to assist him in his duties.
These powers, and also restrictions, for the Liquor Commissiener, are
set up ~n the Illinois Statutes relating to Cities & Villages, and
cannot be changed by petition e~ by the Board of Trustees.
Have no fears, I assure you residents of Mcunt Prospect, that any
street or any area of Mount Prospect is to become a Sodom and Gomorrah, __
or a West Madison Street.
Despite the growth of Mount Prospect from 4,000 in 1960 to the present
20,000, and development of its shopping area to serve 200,000, there
has been no Similar over~helmin~ correspondi~ expansion of liquor
licenses and-neither will there be if I know this and other Board of
Trustees with whom I have been privileged to be associated for seven
years, longer than any person now a member.
There are now 13 liquor licenses issued, five of which for locations
not yet built. They are divided as follows:
Six downtown, only three of which .have bars in
connection with them.
Two in Mount Prospect Plama, for package sale only.
Two in Randburst Center, yet to be constructed. One
there will be for Carson' s Restaurant and the other
for package sale.
Two for the shopping center at SB and 58, yet to be
built - - one for the bowling alley and one for a
cocktail lounge.
One ~or the V. F. W., a club license.
I am sure that this Board of Trustees is Just as interested in the
future welfare of the. downtown business secti ~n of~ Mount Prospect and
its fight to survive in competition against new merchandizing methods,
as it is in the shopping centers. Thus, it was logical to grant a
lioaense for a new nearby restaurant and for an old-time locally-owned
supermarket in the downtown area as it was to grant the licenses in
the shoPPing cen~s.
I ask you, is it the American way to deny Fred Meeske the same
privilege downtown as was granted Nillman' s in a shopping center?
March 27, 1962
The Board of ,.Trustees will give,. Lam aure~ ~earnest consideration prior Liquor
to the issuance Of any further iicenses~ an~ I promise prior notice tO
the public as tO the date when such licenses will be considered by the
Board.
As for the Meeske and Caltagirone licenses, they have been issued, and
I believe any further discussion on them tonight is moot.
In order that we can complete our business tonight in a reasnnable time
and an orderly manner, let me as your presiding officer 'set forth these
,, ground rules for discussion, not curbing free expression, but preserving
order and guarding against public slander of individuals;
Each speaker should limit himself to five minutes, and
I ask that anyone wishing to talk please come forward
and use the microphone, first giving his name for the
record.
Each speaker will be limited to one talk on the subject
unless by unanimous consent of the trustees.
Statements impugnin~ the character of any individual
will not be permitted. Always we must guard against
slander which is the greatest evil which can happen to
any community, destroying the long and earnest efforts
of this and any previous board of trustees.
With these ground rules, let us proceed.
Mrs. Pat Kimball was given the floor and read the following petition
signed by 1055 residents:
"We, the undersigned, object to the recent action of the
Mount Prospect Village Beard in granting additional liquor
licenses and demand that any future plans in this regard
be thoroughly and openly discussed in Tuesday night village
board meetings, and that the citizens be informed when
such a meetin~ is to be held."
Mrs. Kimball further added that this group was mekin~ oD~ection to the
recommendation of the Liquor Commission for issuing of more licenses.
She stated, "We have only the highest regard for Mr. Meeske, but this will
open the doors for liquor sale to other food stores, and we do not want
liquor displayed as prominently as bread."
Trustee Casterline stated it was his regret the Liquor Commissioner did
not wait until after this meeting before issuing the two liquor licenses.
President Schlaver promised that the public will be well notified in advance
of any intent to issue any more licenses.
Trustee Phillips stated he was concerned re implications for reasons for
petition, and hoped the people would stick strictly to the facts when using
their own personal Judgement. Mrs. Kimball stated the matter was explained
by six ministers from their pulpits the previous Sunday before allowing
signatures to be affixed.
Trustee B~ckley pointed out that Paul Caltagirone's license is not for his
pizza place; that Mr. Caltagirone intends to remodel into a fine restaurant.
Mr. Ray Rozhon inquired about liquor license applications; it was explained
to him that these applications screen out any who might ever have had a
-- police record, that all applications are alike in content, there are no
short forms or long forms. President Schlaver had previously referred to
letter from Chief Whittenberg re Paul Caltagirone stating that this man
to the best of his knowledge and belief is of good character and standing,
recommending issuance of license if everything else is in order.
Mr. Mike Mckate approved of issuance of licenses; gave explanation regarding
includim~ Gnnnell~s Bowling Alley within Village limits (at Rte. 8B and Rand Rd)
that it is not surrounded on all sides by Village property and therefore cannot
be annexed without their consent; that it was their wish for financial reasons
not to be part of the Village.
March 27, 1962
iquor President Bchlaver read two letters opposing is~ance of liquor
licenses - - from the Cumberland Baptist 8h'u~h (outside Village
limits) and from Mrs. Helen Becket and from Miss Bertha Ehard.
Mr. De Much asked if it were possible for the Board to rescind its
previous action of approval regarding issuance of licenses. The
attorney replied no, b~t license can be revoked if the privilege
is abused. Trustee Gaw stated directly to the Liquor Commissioner:
"You were within your rights to issue.these two licenses, but it
was in bad taste to go ahead and issue them knowing this meeting
was coming up." __
The discussion was brought to a qui~% close with very few more
statements from the floor.
Adjournment was by acclamation at 10:10 P.M.
Respectfully submitted,
Ruth C. Wilson, Oterk
March 2?, 1~