HomeMy WebLinkAboutVILLAGE BOARD - 05/09/1972 - MINUTES OF THE REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF ELK GROVE VILLAGE
HELD ON MAY 9, 1972
President Charles J. Zettek called the meeting to order at 8:21 p.m. in the
Municipal Building of Elk Grove Village. Chief of Police, Harry P. Jenkins
opened the meeting with a prayer.
Upon the roll being called by the Village Clerk, Richard A. McGrenera the
following answered PRESENT: Trustees Ronald L. Chernick, Robert H. Durning,
Edward W. Kenna, George T. Spees, Theodore Staddler, Nancy L. Vanderweel .
Village Attorney, Edward C. Hofert was present at this meeting.
It was moved by Trustee Chernick and seconded by Trustee Kenna that the
minutes of the regular meeting of May 2, 1972 be approved as submitted
and that the Board dispense with the reading thereof. The President
directed the Clerk to call the roll on the motion and upon the roll being
called the following answered AYE: Trustees Chernick, Durning, Kenna, Spees,
Staddler, Vanderweel ; whereupon the President declared the motion carried.
President Zettek read a proclamation, proclaiming the week of May 21 through
May 27 as National Realtors Week.
It was moved by Trustee Spees and seconded by Trustee Chernick that the Board
authorize the disbursement of $14,517. 12 from the Water & Sewerage Department
Operating Account, $22,379.90 from the General Corporate Account, $602.25
from the Municipal Buildings Construction Fund Account, i.n,payment of invoices
as shown on the 1971/72 Accounts Payable Warrant, and $1 ,142.30 from the
Water & Sewerage Department Operating Account, $1 ,226.48 from the General
Corporate Account, $1 ,024.00 from the Motor Fuel Tax Fund Account in payment
of invoices as shown on the 1972/73 Accounts Payable Warrant. The President
directed the Clerk to call the roll on the motion and upon the roll being
called the following answered AYE: Trustees Durning, Kenna, Spees, Staddler,
Vanderweel , Chernick; whereupon the President declared the motion carried.
It was moved by Trustee Spees and seconded by Trustee Kenna that the Board
waive the first reading rule with respect to an ordinance establishing
salaries for Fire Department Personnel . The motion was voted upon by accla-
mation; whereupon the President declared the motion carried.
It was moved by Trustee Spees and seconded by Trustee Staddler that the Board
adopt Ordinance No. 805 entitled AN ORDINANCE ESTABLISHING SALARIES FOR THE
FIRE DEPARTMENT 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 Kenna, Spees, Staddler, Vanderweel , Chernick,
Durning; whereupon the President declared the motion carried.
It was moved by Trustee Spees and seconded by Trustee Kenna that the Board
waive the first reading rule with respect to an ordinance establishing
salaries for Police Department Personnel . The motion was voted upon by
acclamation; whereupon the President declared the motion carried.
It was moved by Trustee Spees and seconded by Trustee Vanderweel that the
Board adopt Ordinance No. 806 entitled AN ORDINANCE ESTABLISHING SALARIES
FOR THE POLICE DEPARTMENT 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 Spees, Staddler, Vanderweel ,
Chernick, burning, Kenna; whereupon the President declared the motion carried.
It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the
Board waive the first reading rule with respect to an ordinance establishing
salary plans for clerical , office and public works personnel . The motion
was voted upon by acclamation; whereupon the President declared the motion
carried.
It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the
Board adopt Ordinance No. 807 entitled AN ORDINANCE ESTABLISHING OFFICIAL
SALARY PLANS FOR CLERICAL, OFFICE AND PUBLIC WORKS PERSONNEL EMPLOYED BY
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 Staddler, Vanderweel , Chernick, Durning, Kenna,
Spees; whereupon the President declared the motion carried.
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It was moved by Trustee Kenna and seconded by Trustee Chernick that the
Board waive the first reading rule with respect to an ordinance regarding
the number of scavenger licenses to be issued. The motion was voted upon
by acclamation; whereupon the President declared the motion carried.
It was moved by Trustee Kenna and seconded by Trustee Durning that the Board
adopt Ordinance No. 808 entited AN ORDINANCE AMENDING SECTION 22. 1501 AND
22. 1502 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE. The
President directed the Clerk :o call the roll on the motion and upon the
roll being called the following answered AYE: Trustees Vanderweel , Chernick,
Durning, Kenna, Spees, Staddler; whereupon the President declared the motion
carried.
It was moved by Trustee Kenna and seconded by Trustee Spees that the Board
adopt a resolution in support of designating the U.S. Enviromental Protection
Agency as the agency responsible for enforcing aircraft noise standards under
House of Representatives Bill X11021 . Discussion followed, whereupon it was
moved by Trustee Spees and seconded by Trustee Kenna that the motion be
tabled; the motion was voted _Pon by acclamation whereupon the President
declared the motion to table carried.
Trustee Chernick, Chairman of the Capital Improvements Committee reported
the Committee is awaiting a report from the Village Engineer and the Village
Manager regarding Sanitary Sewer Lines.
Trustee Kenna, Chairman of the Judiciary Planning and Zoning Committee
reported that the Committee has reviewed a plat of Section 18 and recommend
approval subject to Attorney Hofert' s satisfaction concerning the road
vacation of Devon Avenue. The Plan Commission and Village Engineer have
approved the plat.
It was moved by Trustee Kenna and seconded by Trustee Durning that the Board
adopt Resolution No. 35-72 entitled A RESOLUTION OF APPROVAL OF PLAT OF SUB-
DIVISION IDENTIFIED AS ELK GROVE VILLAGE SECTION 18, subject to the approval
of the Village Attorney. The President directed the Clerk to call the roll
on the motion and upon the roll being called the following answered AYE: Trustees
Chernick, Durning, Kenna, Spees, Staddler, Vanderweel ; whereupon the President
declared the motion carried.
Trustee Kenna announced there will be a meeting of the Judiciary, Planning and
Zoning Committee on Saturday, at 8:30 a.m. in the Trustee' s Conference Room
May 13, 1972.
Trustee Vanderweel , Chairman of the Personnel Committee,Said the Committee had
held an exiting interview on Monday, May 8, 1972. and the Committee requests
a meeting with the Village Manager and the Fire Chief after the Board meeting
of May 23 , 1972,
The Village Clerk reported receipt of the approval of the Plan Commission, the
Judiciary, Planning and Zoning Committee and the Village Engineer of a plat of
Street Dedication on the Gatzke property.
It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board
adopt Resolution No. 36-72 entitled A RESOLUTION OF APPROVAL OF A PLAT OF
DEDICATION FOR PUBLIC STREET on the Gatzke property. The President directed
the Clerk to call the roll on the motion and upon the roll being called the
following answered AYE: Trustees Durning, Kenna, Spees, Staddler, Vanderweel ,
Chernick; whereupon the President declared the motion carried.
fThe Village Clerk read a letter from Mr. Delmar D. Wall , Committee Member of
((` Cub Scout Pack No. 246 requesting permission for the use of six coin operated
amusement devices at the Jaycees Carnival to be held June 7 through June 11 ,
1972. President Zettek requested that this letter be given to Chief Jenkins
for his recommendation and a duplicate copy to the Jaycee' s President.
It was moved by Trustee Chernick and seconded by Trustee Kenna that the Board
waive the first reading rule with respect to an ordinance prohibiting parking
on certain portions of Elk Grove Boulevard. 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. 809 entitled AN ORDINANCE AMENDING SECTION 14.512
OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE PROHIBITING PARKING
ON CERTAIN PORTIONS OF ELK GROVE BOULEVARD. The President directed the Clerk
to call the roll on the motion and upon the roll being called the following
answered AYE: Trustees Kenna, Spees, Staddler, Vanderweel , Chernick , Durning;
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whereupon the President declared the motion carried.
Trustee Kenna reported that the parking lot of the Seven-11 at Landmeier
and Tonne Roads is in the process of being repaired, and that he had a
discussion with Mr. Robert Calkins of Centex Corporation regarding the
Park & Shop and the Grove Shopping Center parking lots, and that Mr.
Calkins has promised that these will be repaired and resurfaced some
time in 1972•
The Village Manager reported a formal request has been made to the Cook
County Highway Department requesting stop signs at Lively and Landmeier
Roads. The County has indicated they will make the necessary traffic
study.
The Village Manager reported that on or about May 24, a final review of
Building Code changes should be ready, and requested a meeting with the
Board at 8:00 p.m. , May 24, 1972. The Manager also reported he will have
a recommendation regarding salaries of Department Heads and would like
to meet with the Budget Committee and with the Committee of the whole
to discuss this with them prior to the next Board meeting.
The Village Attorney reported regarding litigation of the Moosman case.
He stated Mr. Moosman has renegotiated to settle for $15,000.00. Attorney
Hofert recommends that the Village President and he be given the authority
to settle this litigation for this amount if polygraph tests prove our men
wrong, and/or no dollars if they prove Mr. Moosman wrong.
It was moved by Trustee Kenna and seconded by Trustee Chernick that the
Board authorize the Village Attorney and the Village President to settle
the Moosman litigation as stated above. 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, Vanderweel , Chernick, Durning, Kenna;
whereupon the President declared the motion carried.
A copy of the Moosman agreement is attached hereto and made a part of the
minutes of the Board meeting of May 9, 1972.
President Zettek requested the Personnel Committee to consider the possibility
of holding two Board meetings a month, rather than the three now held, and
to report back to the Board.
It was moved by Trustee Kenna and seconded by Trustee Spees that the meeting
be adjourned. The motion was voted upon by acclamation; whereupon the
President declared the motion carried and the meeting adjourned at 9:08 p.m.
Village Clerk
esident
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ii IN TILE CIRCUIT CM',T OF COON COUNTY, IT,LII;OIS
COUNTY DP•PAI?T:•1;"d'i' - L.7LW DIVISION
h
WALDE1.1AR R. MOOSMAIM, )
Plaintiff )
vs )
RUFUS SPRINGATE, WILLIAM CARROLL, ) NO . 68 L 568 ;
ROBERT T. CnNARY, JON SCH .RPi'_iTER, )
WILLIiV,1 G. LANCASTER and I=' GROVE )
VILLAGE, a Municipal Corporation, )
Defendants )
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S T I P U T, A T I O N y
All of the parties to this litigation hereby enter into it
this Stipulation for the purpose of resolving among themselves i
certain questions of fact and with the intention of expediting i
a final settlement of all the matters in dispute. j
1 . It is agreed that on May 18 1972 ,
polygraph (lie detector) tests will be given to the following
four individuals : Waldemar Moosmann, Gisela Mossmann, Rufus
Springate, and Robert T . Canary. ' These tests will be administered
by Mr. John Reid or either of his associates, Robert Cummings or
Frederick Hunter, all of whom the parties acknowledge are com-
petent polygraph administers. The total cost of administering
all the polygraph tests involved in this Stipulation will be
split equally between the plaintiff and Elk Grove Village,
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2 . It is understood that if any of the tests result
� • in an " inconclusive" finding , the tested individual will be
re-tested within seventy-two (72 ) hours by one of the other
three agreed experts. If ti)c second tcst also results in un
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" inconclusive" finding, no further tests will be maize and that
result will stand as "inconclusive" .
3 . It is agreed that the purpose of these tests is to
determine whether the allegations of the plaintiff regarding the i
injury to his bac;: are essentially true. Accordingly, as a
general proposition, if the results of the polygraph tests con- �I
firm the truthfulness of the allcgations made by the plaintiff,
the defendants will , jointly, offer $15 , 000 . 00 in settlement to i.
the plaintiff; and, on the other Laud, if the tests show that the
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plaintiff ' s allegations aro not truthful, the plaintiff agrees to
dismiss this case r..ith prejudice . In that regard, it is speci-
fically agreed as follows : I)
(a) If the tests given to Waldemar and Gisela
Moosmann show that their allegations are truthful,
and the tests given to Mr. Springate and Mr . Cana.''
show that their denials of the allegations of the
plaintiff are false or the defan6ants ' test resultgq
are "inconclusive" , the Jill pay the
plaintiff $15, 000. 00 in settlement, which sum. will .',
be accepted by the plaintiff in full settlement ofd,. .'
all actions against all defendants ; and plaintiff
agrees to execute all releases as defendants '
attorneys shall deem necessary.
(b) If the tests g0en to Waldemar and Gisela
Moosmann indicate that their allegations are not
truthful, or are " inconclusive" , and the tests
given to Mr. Springate and Mr. Canary indicate
that their denials of the plaintiff ' s allegations
are truth,_ul, the plaintiff agrees to dismiss the
complaint with prejudice;
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(c) If- any of the parties to be tested refuse
or fail to appear for their scheduled test, after
one continuance, it shall be presumed that the
( test results would have shown that their testimony
}!` was not truthful. .
4. The ,:pocific allegations about which the parties will
II be gnc;ti.cned are the allegations made in the deposition taken
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i; of the plaintiff, Waldemar Woosmann, on march 6 , 1972 , and the
IV
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question o� whether his allegat-ionr are truthful or not will be
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determined on the bads of the parties response to the follow-
ing. areas of inqui-ry-
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h (a) Whether police officer Canary struck the
plainL-ifc with a night Ft.ick on his back while I
he was being arrested in his home on or about
1'
January 12 , 1 .66 ; �
(b) :^hey5or Inny nolicownn struck the plaintiff
in anv t•mv vhi, l e V2 `:ice.^ in thelia custody at the
I:17: Vi11._•ye Police station during the late
nicht of January 3_2 , 1966;
i
(� (c) Whott.er the plainLi;`.i suffored .any other
accidonL or injury to his lower back prior to .
January 12 , 1966 which caused or contributed to
cause the complaints referred to in this law suit; I
and
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(d) ' BdheL]ier the ply:i.nti.ff_ suffered any other acci-
dent or injury subsequent. to January 12, 1966 and
prior to his laminectIomy operation which caused or
contributed to cause the complaints referred to in
this law suit.
Dated this
_2±" day, of May, 1972 ,
Waldemar-- R. Moosmann i
Ron, attorney for plaintiff
Ru0 Sbringatje
Robert, T. Canary
For,Elk Grove VilOw -
Id` C . ioffer-/, �.ttoTY Tr all
defendants j
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