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HomeMy WebLinkAboutVILLAGE BOARD - 12/23/1974 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON DECEMBER 23, 1974 President Charles J. Zettek called the meeting to order at 8: 12 p.m. in the Municipal Building, 901 Wellington Avenue, Elk Grove Village and directed the Village Clerk, Eleanor G. Turner to call the roll . Upon the roll being called the following answered PRESENT: Ronald L. Chernick, Edward W. Kenna, George T. Spees , Theodore J. Staddler, Michael Tosto, Nancy L. Vanderweel . Attorney Norman Samelson representing the Village Attorney, Edward C. Hofert , and Village Manager Charles A. Willis were present at this meeting. The Reverend Edward Mixon, Pastor of the Prince of Peace Methodist Church delivered the invocation. It was moved by Trustee Kenna and seconded by Trustee Spees that the minutes of the regular meeting of December 10, 1974 be approved as submitted and that the Board dispense with the reading thereof. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The President administered the Oath of Office to the following recently appointed Patrolmen and Community Services Officers of the Police Department: Patrolmen Donald Evangelista, Anthony Niemotka, John J. Pascoe, Donald L. Meicil , Gordon Hollywood, William E. Blackstone; Community Service Officers Carol Mello, Kenneth Roggenbuck and Kathleen Broderick. President Zettek announced an Executive Meeting of the Village Board following this meeting on a matter concerning acquisition of land. It was moved by Trustee Chernick and seconded by Trustee Staddler that the Board authorize the disbursement of $4,496,88 from the Wtare and Sewer Department Operating Account , $44,403.36 from the General Corporate Account, $61 .09 from the Civil Defense Fund, $3 ,0117.05 from the Federal Revenue Sharing Fund and $2,505.00 from the Municipal Building Fund in payment of invoices as shown on the December 23, 1974 Accounts Payable Warrant. The President directed the Clerk to call the roll on the motion and upon the roil being called the following answered AYE : Trustees Chernick, Kr nna, Spees, Staddler, Tosto, Vanderweel ; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. Discussion followed concerning a report from Chief of Police , Harry P. Jenkins, dated December 23rd, concerning traffic conditions on Oakton Street and enclosing a proposed ordinance providing for a three way stop at Oakton Street and Evergreen Streets. It was moved by Trustee Chernick and seconded by Trustee Vanderweel/th�t the Board waive the first reading rule with respect to the foregoing proposee ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Vanderweel that the Board adopt Ordinance No. 969 entitled, ''AN ORDINANCE AMENDING CHAPTER 14, ARTICLE II , SECTION 14.202 and 14.203 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE AFFECTING OAKTON STREET AND AUTHORIZING A 3-WAY STOP AT THE INTERSECTION OF OAKTON STREET AND EVERGREEN STREET''. The President directed the Clerk to call the roll on the motion and upon the roll b-ing called the following answered AYE: Trustees Kenna, Spees , Staddler, Tosto, Vanderweel , Chernick; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board declare the work period for Village employees engaged in Fire Protection and Law Enforcement activities as 21 days in accordance with Fair Labor Standards Act of 193—nas an;ended in 1974, Section 7(K) , 29 CFR Part 553 , said work periods to start as follows: Fire Department - o8OO Hours , January 1 , 1975; Police Department- Shift One , January 1 , 1975. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Spees, Staddler, Tosto, Vanderweel , Chernick, Kenna; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. 1 - 12/23/74 (as corrected) . i It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board permit the trading of shifts in the Fire and Police Departments within the calendar year 1975 in accordance with the Fair Labor Standards Act of 1938, as amended in 1974, Section 7 (K) 29 CFR, Part 553. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Staddler, Tosto, Vanderweel , Chernick, Kenna , Spees; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Tosto that the Board waive the first reading rule with respect to an ordinance establishing payment provisions for Paid-On-Call FiremenL defining Paid-On-Call Firemen as Firemen who are not regular full-time Firemen of the Village and changing their rate of pay from per-call to hourly. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Tosto that the Board adopt Ordin-amce No.970 entitled, " AN ORDINANCE ESTABLISHING PAYMENT PROVISIONS FOR PAID-011-CALL FIREMEN OF THE VILLAGE OF ELK GROVE VILLAGE" The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Tosto, Vanderweel , Chernick, Kenna, Spees, Staddler; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. Copies were distributed of proposed resolutions amending the Personnel Rules of the Village regarding payment of overtime to uniformed and non-uniformed personnel in accordance with regulations set forth in the Fair Labor Standards Act of 1938, as amended in 1974. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board adopt RESOLUTION NO. 107-74 entitled, "A RESOLUTION PROVIDING FOR OVERTIME COMPENSATION FOR VILLAGE EMPLOYEES EXCLUSIVE OF THOSE ENGAGED IN FIRE PROTECTION OR LAW ENFORCE- MENT ACTIVITIES". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Vanderweel , Chernick, Kenna, Spees, Staddler, Tosto; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Kenna that the Board adopt RESOLUTION NO. 108-74 entitled, " A RESOLUTION PROVIDING FOR OVERTIME COMPENSATION FOR EMPLOYEES ENGAGED IN FIRE PROTECTION 0.; LAW ENFORCEMENT ACTIV'TIESY Discussion followed concerning items 2 and 3 of Section 1 of said resolution, regarding overtime versus regular time for work beyond a stipulated tour of duty. With the consent of the second the foregoing motion was amended to read that the resolution be adopted with "at time and one half" being deleted from item 3 of Section 1 . The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Kenna, Vanderweel ; NAYS: Spees , Staddler, Tosto; President Zettek voted AYE and declared the motion carried. It was moved by Trustee Kenna and secondee �y Trustee Vanderweel that the Board adopt a policy for off-duty details by uniformed personnel as follows: Subscribers for off-duty services of uniformed personnel will be charged a rate of 1 .75 times the regular hourly rate of the personnel assigned, such rate to cover wage and fringe benefit expenses to the Village. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Kenna, Staddler, Tosto, Vanderweel , Chernick; NAYS : None; ABSTAIN: Trustee Spees; ABSENT: None; whereupon the President declared the motion carried. At this time 9:22 p.m. the President asked if there were any persons in the aud- ience who wished to address the Board. There being none, the meeting continued. It was moved by Trustee Vanderweel and seconded by Trustee Kenna that Firemen working in the non-emergency work of pre-fire planning and/or fire prevention will not exceed 13 hours in suci dut ies in any givcssn�!—day pcn iod�flic}T'esi en c1Tre_c eT't7e Clerk to cal I therollon the motion and upon tlic roll being called the following_ answered AYE : Trustees Spees , Staddler, Tosto, Vanderweel , Chernick, Kenna; NAYS : None; ABSENT: None; whereupon the President declared the motion carried. - 2 - 12/23/74 Trustee Kenna scheduled a meeting of the Judiciary, Planning and Zoning Committee for 9: 00 a.m. Saturday, December 28, 1974 to discuss several agenda items. Trustee Kenna reported that he and the Village Manager represented the Board at- a hearing before the Metropolitan Sanitary District at Mt. Prospect and entered into the record the Village' s position of approval of the Des Plaines site on Oakton Street for a treatment plant. Trustee Vanderweel , Chairman of the Personnel Committee, stated that the above actions relating to personnel have accomplished many of' the points in item "a" of their • agenda; the other relating to sick leave will be taken up in the budget sessions. Therefore , the Fraternal Order of Police Lodge No. 35 item on their agenda will be removed. The Clerk reported receipt of the approval of the Plan Commission and the Village Engineer of plats of subdivision of Higgins Industrial Park Units No. 167 and 168. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board adopt RESOLUTION No. 109-74 entitled,"A RESOLUTION OF APPROVAL OF PLAT OF SUBDIVI- SION IDENTIFIED AS HIGGINS INDUSTRIAL PARK UNIT NO. 167." The President directed the Clerk to call the roti on the motion and upon the roll being called the follow- ing answered AYE: Trustees Staddler, Tosto, Vanderweel , Chernick, Kenna, Spees; NAYS: None; ABSENT: None ; whereupon the President declared the motion carried. It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board adopt RESOLUTION NO. 110-74 entitled, A RESOLUTION OF APPROVAL OF PLAT OF SUBDIV- ISION IDENTIFIED AS HIGGINS INDUSTRIAL PARK UNIT NO. 168". The President directed the Clerk to call the roll on the motion and upon the roll being called the follow- ing answered AYE: Trustees Tosto, Vanderweel , Chernick, Kenna, Staddler; NAYS : Trustee Spees; ABSENT: None, Whereupon the President declared the motion carried. Trustee Spees questioned the lack of unanimous vote of the Plan Commission on the approval of plats of subdivision where the land or part of the land lies in the flood plain. He asked that the Plan Commission report to the Board on the status of the flood control ordinance. The .Clerk read a report dated December 23 , 1974 from Robert Fleming, Chairman of the Zoning Board of Appeals to the President and Trustees regarding Docket 74-8, a petition from NCL Graphics, Inc. seeking a variation from the front yard set back regulations. The Zoning Board has considered the report from the Village Attorney that it would be difficult if not impossible to enforce any restrictions on the number of employees on a given work shift as suggested by the petitioner as a means of possibly getting the variation. In view of the above, the Zoning Board has found no extenuating circumstances under which it will reconsider the matter. It was moved by Trustee Chernick and seconded by Trustee Kenna that the Board deny the petition of NCL Graphics , Inc. , occupants of the building at 575 Bennett Road, heard as Docket 7478 for a variation from the terms of the Zoning Ordinance. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Vanderweel , Chernick, Kenna, Spees, Staddler, Tosto; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. The Clerk read a report from Robert Fleming, Chairman of the Zoning Board of Appeals , to the President and Trustees, regarding Docket 74-13 , petitions of ten property owners seeking variations from the Zoning Ordinance as it applies to rear yard and side_yard set back regulations. The report hated that in view of the recent amendment to Section 5.23 of the Zoning Ordinance permitting fences in yards fronting on major arterial streets , and in order to maintain uniformity within blocks, the Zoning Board found that undue hardships exist and therefore have made the following recommendations: To grant the variations as they relate to the side yard setback fronting on Nerge Road of the following petitioners: Mr, and Mrs. Charles J. Shriver, 1322 Aldrin Trail , Mr. and Mrs, Harrison Good, 1437 Mitchell Trail , Mr. and Mrs. Donald Ottenstein, To grant the variations as they relate to- the rear yard set-back fronting on Nerge Road of the following petitioners: Mr, and Mrs. Ronald Boomer, 1504 Armstrong Lane, Mr, and Mrs. Jaime Raflores, 1280 Aldrin Trail , and Mr, and Mrs. Richard Parks, 1507 Haise Lane. - 3 - 12/23/74 In addition to the above recommendations , the report contained a recommendation of do not grant as to the variations requested by the following: Mr. and Mrs. Russell T. Warns%edt , 1501 Mitchell Trail , Mr. and Mrs. Danny Anderson, 1400 Kathleen Way, Mr. and Mrs. Barry B. Malas , 1400 Carr Court and Mr. and Mrs. Kenneth D. Horn , 1428 Mitchell Trail . The Zoning Board found no hardship existing in the four aforementioned cases. It was moved by Trustee Chernick and seconded by Trustee Spees that the Board direct the Village Attorney to draft ordinances granting variations to Mr. and Mrs. Charles J. Shriver, Mr, and Mrs. Harrison Good , Mr. and Mrs. Donald Ottenstein Mr. and Mrs, Ronald Boomer, Mr, and Mrs, Jaime Raflores and Mr. and Mrs. Richard Parks. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The Village Clerk was directed to notify Mr. and Mrs. Warnstedt , Anderson, Malas and Horn of the Zoning Board recommendation and that the matter will be discussed at the next regular meeting of this Board. The Clerk reported receipt of a request from the Children' s Benefit League of Chicago and Suburbs for a Tag Day in Elk Grove Village on Friday, April 18, 1975. Trustee Chernick requested that this group furnish a copy of their annual report showing the distribution of funds. The Clerk will request such a report and this matter will be brought before the Board at a later date. A resolution adopted by the Village Board of the Village of Woodridge urging the General Assembly to amend the Statutes to provide incremental increases in the present exemption of 51 -500.00 to Senior Citizenswas referred to the Judiciary, Planning and Zoning Committee for study and recommendation as to whether or not Elk Grove Village should take a similar position. The "ethics" ordinance, adopted by the Village Board of Palatine, was referred to the Judiciary, Planning and Zoning Committee for study and recommendation. Discussion followed concerning the impounding and disposition of stray animals. It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board take from the table the proposed ordinance relating to impounding and disposition of stray animals, which ordinance had its first reading on December 10, 1974. The motion was voted upon by acclamation, whereu:)on the President declared the motion carried. It was moved by Trustee Kenna and seconded, by Trustee Vanderweel that the Board adopt ORDINANCE NO. 971 entitled, " AN ORDINANCE TO AMEND CERTAIN SECTIONS OF CHAPTER XVII OF THE MUNICIPAL CODE TO MORE REALISTICALLY PROVIDE FOR THE IMPOUND- ING AND DISPOITION OF STRAY ANIMALS". It was moved by Trustee Tosto and seconded 'by Trustee Vanderweel that the fore- going ordinance be amended to read that dogs and cats , licenses and unlicensed, be kept for a period of seven days and if not claimed , proper disposition may then be made. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Chernick, Kenna, Spees, Staddler, Tosto, Vanderweel ; NAYS: None; ABSENT: None; whereupon the President declared the motion carried, and by reason of its passage , the adoption of Ordinance No. 971 as amended. The Village Manager reported that notice has been given by the Cook County Department of Highways that a two lane widening project is currently contem- Ntated for 1975 construction on Landmeier Road from Tonne Road to Higgins Road. Follow up by the staff is being conducted to ascertain the scope of this project. The Village Manager also reported that the J.C . Penney Company is moving a warehouse from Arthur Avenue to Devon Avenue. They are planning a retail warehouse sale at the Arthur Avenue location on January 9 through 12, 1975 and they have requested two temporary signs , 32 feet square , for a period of seven days to advertise this sale, signs to be placed on Arthur Avenue and on Devon Avenue. i - 4 - 12/23/74 It was moved by Trustee Staddler and seconded by Trustee Tosto that the Board authorize the placement of two temporary signs , 32 feet square , by the J.C . Penney Company to advertise their January 9 through 12 , 1975, sale, said permission being granted for a period of seven days only. The President directed the Clerk to call the roll on the nation and upon the roll being called the following answered AYE : Trustees Kenna, Spees , Staddler, Tosto, Vanderweel , Chernick; NAYS: None; ABSENT: None; whereupon the President declared the motion carried. The Village Manager also reported that the Police Chief has recommended that Lieu- tenant William Kohnke be authorized to attend the 101st Session of the FBI National Academy, and the Manager has concurred in this recommendation. Trustee Chernick requested an Executive Session of the Board following this meeting to discuss a matter concerning personnel . It was moved by Trustee Chernick and seconded by Trustee Tosto that the Board concur in the recommendation of the Village Manager and Police Chief and authorize Lieutenant William Kohnke' s attendance at the 101st Session of the FBI National Academy from April 6 to .June 19, 1975. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Spees, Staddler, Tosto, Vanderweel , Chernick, Kenna; NAYS : None; ABSENT: None; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Kenna that the meeting be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried and the meeting adjourned at 10:45 p.m. Eleanor G. Turner Village Clerk Charles J. Zettek Village President - 5 - 1212 ,