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HomeMy WebLinkAbout01/14/1997 COW minutes ,~,;' "~ ,' ~'~ ~COMMITTEE OF. THE WHOLE · ~. ~ *~ JANUARY14, 1997 ~ . Mayor FaHey ~11~ the m~ting td order at 7:31' p.m. Present at the meeting were: Trustees George CIowes, Timothy Cor~ran, Paul ~Hoefe~, Arlene Jura~k and ',l~ana Wilks.~,~ Trustee Ri~ard Hendri~s affived~at 9:37 p.m. L Staff present .included Assistant Village Manager David Strahl, Village Attorney Everette Hill, Public Works Dire~or Glen ~dler and Fomst~ Superintendent Sandy Cla~. ~pmval of Minutes of Demmber 10; 19~:; Motion~made by TmsteeOlowes and Semnded by Trustee ~lks to approve the minutes. Minutes were approved. ~' R~ident Tom Da~, 203 ~ ~en,' s~ke; He ~at~ ~at he had a question ~n~ming ~e Human Sewi~ De~enL~ ~He Stat~ ~e ~llage should I~k into ~oppo~unities to raise money for food donations through the ama gm~ stores similar to o~er ~aHtable organ~tions. ~e~ ~aHtable organizations manet ~e fact that if a pur~ase is made during a specific time period the store ~11 take a ~ percentage of that+pur~ase pri~ ~and donate,it ~to the appli~ble ~aritable organization. ~ He stated that ~ the Village unde~ook this, they ~uld raise approximately $25,0~ per Newsleffer (bemuse the ma~eting info~ation ~uld be* distrib~ed-ea~ Newsleffer'issue); ~ ea~ resident donated $.50 bas~ on ~,~ r~idents. He al~ felt ~at su~ a program would promote Mount Pms~ businesses. ,, IV.~ TREE ORDINANCE DISCUSSION-POLICY~ MANUAL AND BROCHURE PROJECT~ . public Works Director Glen Andler provided a general overview of the Forestry Department within MoOnt ~Prosp~eet and highlighted the numerous national recognition awards which the Department has received. Forestry Superin~ndent Sandy Clark updated the Village Board as to the status ~, ~ of the Forestry Project since the last update to the Village Board. ~ .;' . ~' The four items which the Forestry Department has been working on include: 1) an update of the existing Tree Related Ordinances; 2) preparation of a technical standards manual; 3) preparation of a tree'removal policy; and 4) preparation of an informational brochure for citizens.' She stated the Ordinance is outdated based on the current operations which the Forestry Department is functioning under at this time. She also stated that it is important to devel0p~ additional; educational materials· Among the educational items under consideration is a Tree Wall< Program in conjunction with the Garden Club:z, ..... - , -, ~ R.~ J. ~Laveme of ACRT, Inc;;~stated he has been invblved in the Tree' Ordinance rev, ision. Their~task has been to help craft a Living Tree Ordinance in addition to , a statement of,purpose ~within the Ordinance to enhance the economic impact upon ~he community. Their focus is to provide a general concept as to tree care without ~,continually updating the Ordinance to stay current with various technology. He also suggested there might be incentives to be included in the Ordinance to assist in maintaining a treeinventory~ throughout the community. ~ ~ Forestry Superintendent Sandy Clark provided general highlights of some of the changes proposed. They would hope to present a final draft for Village Board consideration at the April 8 Committee of the Whole meeting. She is requesting ~Village Board direction on tree spacing and shrub planting in the right-of-way. She stated that there could be a variance in the space between trees based on the type of tree Species.~ She also suggested that the streetscape spacing be closer than 40 feet which is the current limitation., F~ ~, , General comments by the Village Board members incl ed the following items: - ' ~"" ....... : ....... ' .............. dep ndi g' There,was a discussion conceming the spacing differences e n on the tree species. ~Trustees maintained a concem regarding shrub planting within ~the Village .... right-of-way.,, ~rustees also commented as to the type of trees to be included on the tree walk. - ~ -,, ~ 'Consensus 'of the Village Board was to suppp~ staff recommendations as ~uggested ~'eg~rding ~the ch~n~lein the~ tree spacing and ~e shrub planting prohibition in the right-of-way except in the Downtown Business District. O'HARE/PALWAUKEE AIRPORTS NOISE ISSUE Mayor Farley provided some general background information o~ this topic. He stated that noise issues have become more critical recently and Mount Prospect is uniquebecause it is impacted by both O',Hare and Palwaukee Airports. ,:He stated that it is important to maintain the quality of life and the 'economic vitality of the community and it is important to understand the dynamics of the competing interests and groups that are addressing these impacts. 2 ,~ He feels that extreme positions may impact Mount Prospect disproportionately even , though Mount Prospect has been,active in monitoring noise discussions. The , opportunity to participate in policy decisions has been made available t° the Village to consider.' He would recommend that Mount Prospect be at the table to discuss ~, the noise issue with O'Hare in order, to get consideration for allocation'of funds for impacted citizens:',,,,~, ,', ~ ;,~ ~ ~ .~', ' ,,- General comments of the Village Board imembers included the following items: .Several Trustees acknowledged the fact that.there is a general'level of mistrust based on past history between :the ,~suburbs and the ,City Of'Chicago. Some members voiced concern about the liability limitation for the use of the data but felt that participation at the table was more:critical., Trustees also pointed out that joining the O'Hare Noise Compatibility Commission did not encourage runway expansion. It was also pointed out that if the group does not meet the'needs of the community,~the Village may withdraw and move in a different direction in order to ensure that Village needs are recognized. Trustee Clowes stated that he recognizes the importance of the airport but is not totally convinced the City of Chicago motives offered through this Commission are beneficial to Mount Prospect. He stated he would be reluctant to sig~' on and felt that Chicago could manipulate the Village's participation to foster support for a new - runway. He also has concerns regarding giving up the ability to litigate issues if necessary. Village Attorney Everette Hill stated that much of the information that is'discussed could be obtained through'Freedom of Information requests. ~He stated much of the information'would otherwise'be 'available "but giving up the right t° use the :'"information because Of its use by the Commission is the question.' General comments by the Village Board included the ~ollowing items: Village Board members felt Court proceedings were not the best means to achieve the community's goals. ';Members :felt the best, means ~to ,achieve ,the Mount Prospect goals was to pai'ticipateon a i'egional basis. ,:Resident Emie Lasse, 805 South Elm, spoke.~ He stated he appeared before the .Viilage Board over a year ago and informed the Board of the impact jet noise has ~on his .quality of life: He feels noise is increasing ~ and is against the Chicago 'controlled Noise Commission.~' He stated that he is concerned that the City of~ ~ "~Chicago City~ Council has the final say as ~to the ~recommendations of the Commission.. .~ ; 3 ~He asked ,why the,Village' Board did not...have a ,Referendum 'con~,erning the · ~; expansion ,of ,O'Hare on ,the ballot'as'a ~nbmber of other' commuhities did in ,,November of1996., He then;read a statement from Congressman Henry Hyde c,', which.was read at an IEPA Hearing on December 17,'1996,'t0 discuss a pollution ~; control.permit. ~-He urges the Village Board to join Suburban O'Hare Commission instead of the O'Hare Noise Compatibility Commission.-: :.?" ;,.":, ,: .d"., Trustee Corcoran stated that he felt that Congressman Hyde had the opportunity to change the EPA regulations as a member of a Committee to address the issue and feels that these latest comments are only politically motivated because nothing ~changed when the Congressman had the opportunity.~ ~ ~ ~." I~ ~ "-; .General comments of the Village Board included the following items: -i, If ,this Commission ,does not provide the necessary response to Mount Prospect t,, needs, "the Village could consider another direction. No one came to the Village Board to request a Referendum be placed on the ballot, therefore, the Village Board did not consider placing such a Referendum on the ballot. ::;,:;Chuck Miller, 22 South Owen,-spok, er 'He'stated he was disappointed that the ., Village Board wants to join the Chicago group. He stated he is a member of ARCO and has.learned a great deal about the negatives of the Airport and the pollution which is generated by the Airport .......... ~,; .... Jack Saporito, President of ARCO, P. O. Box 1702, Arlington Heights, spoke. ;..He ~wanted to clear up any misconceptions concerning the Part 150 Study which ~O'Hare conducted., He also stated that the FAA is charged with competing roles. It is to promote ~ air !ndustry and to maintain safety. ARCO has been in contact with numerous other groups nationally and has obtained a great deal of Jnformation relating to the ~pollution which is generated by O'Hare. He stated that the FAA plans to expand runways nationwide and ,they have a plan to,divide communities among themselves in order to accomplish this task. He stated that ARCO supports a balance between the environment and economics. He also stated that joining the Chicago group does not guarantee dollars for soundproofing. Heurges the Village Board to consider Suburban O'Hare Commission instead.' :~, ~ ~,~ .... ~ ~Tmstee, C0rcoran stated that he is concerned that ARCO's data seems to be one- sided and does not illustrate the balanced approach aspromoted by the group's president. ~He could not understand why both groups could not work together-the O'Hare group and SOC since both were trying to achieve similar goals.; Why is it necessary.to choose one over the other. He ~stated that just because the Village may join one Commission over another, it has not forsaken the opportunity to go into a different direction if necessary. ~ 4 '*,,-,Consensus of the Village Board was to authorize 'staff to pUt the draft ~, Intergovernmental ~Agreement on *the '~'Agenda for January 21. The ,~ Intergovemmental Agreement ~would be between~ the'~Villag~'~ of, Mount -'' 'Prospect and the City of Chicago toobtain membership in theO'Hare Noise Compatibility Commission. ~,~ Mr. Lasse requested the Village Board put a Referendum on the ballot for April 1, '~-1997 concerning runway expansion at O'Ham. Vi. , MANAGER'S REPORT ~ No repo~ VII, OTHER BUSINESS Trustee WilkS~stated that ~th6re ha,~6 been ~numerc~u$ C0mplaintsc0nceming TCl service and the use of the I-T box. Shealso stated that a number of citizens have ~ been dissatisfied with~the resolution which,TCl has fostered.~' Them also appears ' ~ 'to be some confusion regarding the'customer service notifications to customers about TCI changes. Judy Bundick;~CommuniCations SeCretary, provided a~general~summary of information for the Village Board. She stated that she has received ~numerous ~ ~ complaints concerning the channel line ~p and the I-T Situati0r~.· She stated that :customers were not notified that the' I-T test Was ~to be terminated on December 30, therefore, the termination date was'extended further. She stated that she has received approximately 68 complaints so far this year and the Village received 60 ~ complaints through May of last year as a basis of Comparison. Mayor Farleyrequested the staff provide a summa~ of TCI Complaints on a weekly~-~ basis fo~' the Village Board and reqUested that TCl have a.rej~resentative at the next ~ Village Board meeting to*advise the Board regarding these issues. Trustee Hendricks stated that schools and churches are zoned R-1 and signs are not allowed. He stated that the St. Emily's sign is illU~min~ted betWeen 11:00 p.m. and 7:00 a.m. and has requested a full report from the Village Manager. He is also ~ :requesting ~a state's Att0mey ir~e~igation:~ The plumbing inspe~i0n of a clean out ~ ' which~ was installed in his yard was improperi' He stated the InSpector performed the inspection Without a full view of the connection and he ~eels that is a problem. He stated the same Inspector which was involved in his plumbing clean out was also involved in an allegation of possible pay-offs which Was alleged by a resident. He stated that he had,a discussion with the resident at 214~North Elm concerning ,~ this a!legati0n and~has yet to ,receive ~ a ,,full report~from.the Village Manager regarding a ~meeting Which took place between the resident and the Manager to ,,,,~,~, d~termine the validity.~ Therefore, due to'this issue of the Plumbing Inspector's performance and possible impropriety.,~,he is requesting' a-State's Attorney investigation. Mayor Farley asked that theissue, whicl~ Trustee Hendricks is addressing be put in writing for the Village Board to consider. Trustee Wilks stated that this issue has been discussed and she is ~atisfied with the result of the investigation by the Village Manager. She felt ,some of the issues which the resident highlighted were in regard to the contractor's performance. Trustee Hoefert stated that he is comfortable with th"6" inVestigation whi'ch the ~Vi!!age.Ma~age? has c0,mpleted and is DOt supportive of an~investigation. TrusteeHendricks stated the ,,Village Manager told the Village Board about the .:i. inves!,!gati0n ~/e~ally 'and,d~mands:some~thing in,,writing and wants an outside review of this incident. "~,~ ~'~ 'U ~: ~ ...... Trustee Clowes stated that Trustee Hendricks was out of order. ~.,' ~ ,,Trustee Hoefert requested that Pemonnel be added to the Closed Session Agenda. .,~ for' dis~ssio, and made~the,Mp~ .on,'to dE .s0].. ~Moti .o~.,' Seconded by TruStee Clowes. Mdtion pa~se, d.' . ,-,,: ,. , Personnel was added to the Closed Session Agenda. The¢itation is as follows: cPur, suant to 5 ILCS 120/2 (c) (1).' "The appointment, employment, compensation, : discipline, performance, or dismissal of,, specific employees 'of the public body, inclu.cling ,hearing testimony, on ca..complaint lodged against an employee to determine its validity." cLOSED SESSION ~ , ......... , -. ,~. Motion~made to move into Closed Session at 10:03 p.m.'I(~ discUss Litigation and ........ rn by T fert. ~by .Personnel. ~-Motion ade rustee Hoe and Seconded Trustee Wilks. A 'u animous roil'call vote occurred. ~ ,~ ,~.~ - ~, ~, Meeting was reconvened into open session at 11:07 p.m. There was no action taken in Closed Session. " Mayor Farley asked the Village Board w~ether there should be a public statement ~ concerning the activities of Trustee Hendricks and addressing his continual expenditure of public funds for personal activities. Trustee Hendricks made a derogatory statement and left the open ~meeting at 11:08 p.m. Attorney Hill stated that action under conSideratiOh by the Village Board to limit liability puts Trustee Hendricks on notice regarding' his activities if the Village is sued. He stated that Trustee Hendricks would be required to go to Court to demand legal ~defen~se by the Village if the Village Board decided to distance itself from him legally. ~ ' Trustee Corcoran stated he fe~ls a Resolution would send the message that the Village Boa~'d is nOt sup~)o~tive of Trustee Hendricks' activities. Trustee Clowes stated that a Trustee has no more rights than an ordinary citizen within the community and has no enforcement duties. He feels that such language should be considered in any Resolution or Ordinance. Attomey Hill stated that if, in fact, the Village is 'sued over Trustee Hendric~s' activities, the Village Board could vote not to expend Village funds to defend Trustee Hendricks. Trustee Wilks stated that it was necessary to address the use of Trustee badges because the badges are being used improperly by Trustee Hendricks and that the Village needs to limit its exposure through this use of the badges. There was also general discussion concerning what to do when Trustee Hendricks disrupts a Village Board public meeting. Some Trustees felt that the use of"point of order" and a refusal to recognize him could limit his ability to take and maintain the floor for his discussions. Trustees also felt that if Trustee Hendricks was being abusive, he could be ejected from the meeting and if he refused to apologize, then he would not be allowed to return to his seat. There was also further discussion as to the procedure for ejection and what might happen if it was necessary to have him arrested for disorderly conduct. Village Board members were supportive of Ordinances placing restrictions on the use of Trustee badges and establishing a clear line of legal authority relating to Trustee Hendricks' activities. Board members felt the Village is at risk due to his activities and the Village Board has a responsibility to the citizens to minimize that risk. Consensus of Village Board members was to direct staff and Village Attomey to draft an Ordinance restricting the use of Trustee badges. The village Board also directed 'a Resolution be drafted to minimize possible legal exposure of the village due to Trustee Hendricks' unauthorized activities. The Resolution is also to address the unauthorized use of village staff and equipment. 7 ? VIII. ADJOURNMENT .~ On a Motion by Trustee Corcoran and Seconded by Trustee Hoefert, the meeting was adjoumed at ~11:30 p m DAVID STIHL ..... ' . ~sistant Village Manager ~ DSlr~