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HomeMy WebLinkAbout04/10/1990 COW minutes COMMITTEE OF THE ~HOLE April 10, 1990 ~ I Roll Call ~ Tbs meeting was called to order at 7:48 p.m. Prsssnt at the meeting were Mayor Gerald L Farley, Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, L~o Florus, George Van Geem and Ted Wattsnberg. Also present wets Village Manager John Dixon, Finance Director David Jepson, Planning & Zoning Director David Clements, Deputy Public Works Director Glen Andler, Forester Sandra Clark and Environmental Health Inspector Robert Roels. Also prssent were thee msmbers of the news media and approximately 35 residents. II Minutes ~The minutes of the Committes of the Whole mseting of March 27, 1990 wsre acceptsd with the following change: On pags 3 under ths discussion of the Human Services _- Division, ,the statsment by Trustes Corcoran should read "I do support the whole budget as presented and I concur with the'recommendation to not fund Omni Youth Services." III Citizens to be Heard Mayor Farley announced that no action was required on 'the matters that were ~ discussed in the Executive Session that was held at 7:00 p.m. He also announced that any discussion of the Real Estate Transfer Tax would take place during the regular Village Board meeting on April-17, 1990. No one at the meeting addressed the Committee. IV Discussion of Pesticides Sandra Clark, Forestry/Grounda Superintendent, presented a very thorough discussion regarding Village .pesticide policies. The presentation contained info~mation regarding the nature of pesticides, the current use by the Village and a review of pesticide-related laws. Mrs. Clark stated that during 1989 the Village used 34 gallons of liquid pesticide concentrate and 857 pounds of granular pesticide. She concluded her remarks by mentioning the consequences of banning the use of pesticides, and the possible problems related to an attempt at further regulating the use of pesticides at the municipal level. Committee members questioned Mrs. Clark regarding the use of pesticides by lawn care [ ' services and the requirements for notification. Sandy mentioned that they must post a sisn on the property and pre-notify anyone in the neighborhood who has requested to be notified Environmental Health Inspector Bob Roels mentioned that the Village has received only one complaint regarding the application of lawn chemicals. Trustee Floros stated he would like to see the Village's policies regarding pesticides put in writing. Isadora Tavens, president of PEEP (People to Eliminate Environmental Pesticides) appeared before the Committee and expressed her concern regarding the use of pesticides by the Village and by residents of the Village. She stated that most commercial pesticides are dangerous to use and are a present and a future danger for humans and animals and fish She requested that the Village strictly regulate the use of pesticides and the times when they can be applied. Ms. Tavens stated that specifically she was requesting the following: ~ 7 1. The Village should set the example by restricting the use of pesticides. 2. There ~ should be specific pre-notification requirements whenever pesticides or lawn chemicals are applied. 3 Application of pesticides and lawn chemicals should be restricted to week days. George Luterl, 302 South I-Oka then addressed the Committee. He stated that he had a-Ph.D, in Chemistry and had extensive experience in chemicals used in pesticides and herbicides He discussed the process that is used to test any chemical before it is approved for general use. He stated there is no such thing as a non-toxic substance and most decongestants are more toxic than the pesticides that are in general use He added that a number of Villages have established a central registry for residents who are extra-sensitive to chemicals. The Committee then discussed the issues that were presented and heard further comments by Xavier Swamlkanna who also has a Ph.D.- in Chemistry, JKnet Hansen of the Mount Prospect Chamber of Commerce and Jerry Clauser. The Committee then voted to proceed with a Village map which would include any resident who had a sensitivity to chemicals and which would be made available to all lawn care companies. A recommendation to assist the State with enforcement of toxic substance laws was rejected by the Committee. ~ Boxwood Drive Street Improvement ?~oJect . ~ .- Planning & ~oning Director David Clements .reviewed the 'Boxwood Drive Street Improvement Project with the Committee. Me stated the project started a little over a year ago with the proposal to resurface Boxwood Drive "After discussing the proposed resurfacing project with the Boxwood Advocacy Group, a request was made to expand the project to include curbs and &utters and additional parking~. The expanded project would change Boxwood Drive to one-way and~by realigning the parking,, it would add 44-47 spaces. Bruce Levln, one of the board members of a homeowners association, stated that the group he represented supported the one-way streets and the expanded project. The Committee discussed the implications of the one-way street, street lighting and less expensive options. They then concurred with the expanded project as presented. 2 Discus~on of Prooosed ~ndscaDe Ordinance Planning & Zoning Director David Clements presented proposed landscape guidelines for new non-residential dovelopment or s~stantlal improvements to a dovelopment. ~e guidelines have been reviewed by be Plan Commission and they believe the proposed guidelines will be an i~ortant addition to the Development Code. Mr. 'Clements commented that be guidelines give clearer direction to developers and should minimize ambiguities and a~itrary decisions. ~e Committee agreed that the ~idelines would give better direction to developers and agreed to consider the ordinance change at a regular Village Board meeting. VII Discussion of Ordinance Re~ulatin~ the Sale of Tobacco Products Village Manager John Dixon explained the provisions of a proposed ordinance to regulate the sale of tobacco products within the Village. The provisions ara outlined in a memo from Everette Hill dated October 30, 1989 and focus on the sales and purchases of tobacco products by a person under the age of 18, and the sale of tobacco products within 100 feet of any school or recreational t~pe of facility. Trustees Wattenberg and Floros stated they did not believe the Village should be involved in regulating these matters. Trustee Van Geem said he supported local control which does not go beyond State regulations. Specifically he said he did not support the provision for a locking device on a vending machine to prevent a minor from purchasing tobacco products from a vending machine. Trustee Busse said he was concerned about limiting sales by a minor He said it would be a hardship to many businesses. Mayor Farley said he would like to see the text of the Schaumburg Ordinance which contains similar provisions Janet Hansen of the Mount Prospect Chamber emphasized the problems that would occur if sales of tobacco products could only be made by persons over 18. She said that in certain retail businesses it is difficult to get employees over 18 and this restriction would require an adult to be on the premises at all times She added that State regulations restrict sales to minors, but they do not limit sales by persons under 18. She continued that it was important to have the proper signs posted in the business establishment and the Chamber would support the distribution of educational material. Mayor Farley concluded that there was general support to prepare an ordinance for consideration which included the points in Mr. Hill's memo with the exception of items 3 and 6 (Prohibition of sales by anyone under 18 and prohibition of sales within 100 feet of a school or recreational building). VIII Discussion of Recall Ordinance Trustee Corcoran stated that he proposed that a Recall Ordinance be added to the Village Code to have a procedure for removing an elected official. He mentioned that there are provisions for removing a Congressman, a Senator and the President, but not for a Mount Prospect elected official. He stated that similar ordinances in Arlington Heights and ~heellng have strong safeguards and cannot be used frivolously He concluded by saying he thought it was a way to strengthen the responsiveness of local government Hayor Farley stated he had serious reservations abut the need for an ordinance like this He said there are provisions in State Statutes to cover malfeasance in office and anyone convicted of a crime. He added that there were few communities which have a Recall Ordinance. Trustee Arthur said he is highly in favor of a Recall Ordinance which includ&s tight controls and is well worded He stated that he believes elected officials should be accountable and that he had faith in Mount Prospect residents that it would he used Judiciously. Trustee Van Geem commented that he did not see the need for a Recall Ordinance. He thought that the other Board members could overcome the effects of a Board member who was not performing up to expected standards. He said he was not comfortable with potentially damaging the reputation of an elected official and could not support it without strong safeguards Trustee Floros stated he had no problem with a Recall Ordinance if the~safe~uards were strong enough. He cited the Rand/Euclid decision as one that could potentially irritate enough residents to seek to recall someone who did not vote their way. Trustee Busse said he thought the present system was working fine and he preferred staying with what we currently had. Trustee ~attenber$ said he thousht it was the silliest proposition he had ever heard and that he has never seen a more preposterous ordinance. Paul Rofert said he thought we should give the citizens the rtsht to remove someone who is not doing their ]ob. He added he does no= see what there is to fear. Janet Hansen said that she-has observed that it is easy to get signatures on a petition and that the safesuards must be stringent. ~ ~ Richard Bachhuber said he thought it was an idea which was appropriate to adopt. He added that he had confidence in the clt~zens of Mount Prospect. Mayor Farley then polled the Committee. There were three yes votes and four no votes for a Recall Ordinance. Mayor Farley concluded that if anyone wanted to draft an ordinance it could be presented for consideration at a regular Village Board meeting. X Mana=er's Report Village Manager John Dixon reported that the officers of the Public Works Union had contacted him and want to meet to discuss renewing their contract which expires June 30, 1990. Also, a letter from TCI would be on the agenda for the April 17, 1990 Village Board meeting Other Business Trustee Arthur urged all residents to contact the Army Corp of Engineers to support the application of the Solid Waste Agency for a Balefill permit. Trustee Wattenberg said he would like to discuss the number of burglaries in Mount Prospect at a future Committee of the Whole meeting XI Adtournment There being no further business the meeting adjourned at 11:43 p.m. XII Executive Session Mayor Farley announced the Executive Session would be deferred Respectfully Submitted David G. Jepson Finance Director DCJ/sm