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
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