HomeMy WebLinkAboutVILLAGE BOARD - 07/19/1965 - MINUTES OF THE REGULAR MEETING OF
THE PRESIIENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF ELK GROVE VILLAGE
HELD ON JULY 19, 1965,
The Village Clerk called the meeting to order at 8:08 p. m. in the Municipal
Building in said Village. Upon the roll being called the following Trustees
answered "PRESENT" - Ronald L. Chernick, George C. Coney, Thomas A. Garrity,
Ralph A. Lewis, George E. Mullen, Charles J. Zettek; "ABSENT" - President
Jack D. Pahl and Village Attorney Edward C. Hofert.
It was moved by Trustee Lewis and seconded by Trustee Coney that the Board
elect Trustee Mullen to act as President Pro-tem in the absence of President
Jack D. Pahl. Upon the roll being called the following Trustees answered
"AYE" - Coney, Garrity, Lewis; "NAY" - Chernick; "ABSTAIN" - Mullen; "PASS"-
Zettek.
Trustee Zettek then voted "NAY" and Trustee Mullen voted "AYE" whereupon the
Village Clerk declared the motion carried.
It was moved by Trustee Chernick and seconded by Trustee Garrity that the
minutes of the regular meeting of July 13, 1965 be approved as submitted and
that the Board dispense with the reading thereof.
Trustee Lewis said that he would like to have paragraph 3 of page 3 of the
July 13th minutes expanded upon to reflect his statements during the discussion.
Trustee Chernick said he also would like to have his comments made during that
discussion recorded in the minutes.
It was moved by Trustee Garrity and seconded by Trustee Lewis that the foregoing
motion be tabled until next Tuesday, (July 27th).. The motion was voted upon by
acclamation; whereupon Mr. Mullen declared the motion carried,
Mr. Mullen said that he has received a memorandum to the Board from President
Pahl stating that he will be out of town for the greater portion of this week
and requesting that the Board elect a President pro-tem. He said he also has
received a Presidents Report in which he makes two appointments.
Trustee Chernick requested that the memorandum from President Pahl be road in its
entirety. The Village Clerk then read the memorandum stating that due to a business
engagement he will be unable to attend the Board meeting of July 19th and the Centex
Industrial Park Golf Outing (July 20th) and he suggested that the senior member of
the Board, Charles Zettek, be voted as President Pro-tem to accommodate this absence
and future absences which may come about.
Mr. Mullen then said that at the Village picnic, Sunday, July 18th, he spoke with
one of the two previansly mentioned appointees who said he had a fob change and
did not wish to be appointed. Mr. Mullen said that he would assume that under these
circumstances Mr. Pahl would not make this appointment, however he would make
Mr. Pahl's other appointment and said that he has a few of his own, whereupon Mr.
Mullen made the following anpointments:
1 . Harry P. Jenkins as Director of the Civil Defense Commission.
2, James R. Young, 43 Ridgewood Road, to the Plan Commission to fill the
unexpired term of Jack D. Pahl.
3. James P. Callahan, 570 Pinewood, to the Plan Commission to fill the vacancy.
4. Gayle B. Bantner as Chairman of the Plan Commission.
5. Mrs. T. J. Ortyn, 73 Grange Road, to the Zoning Board of Appeals to fill
the unexpired term of Thomas Garrity.
6. William Ballard, 49 Grange Road, to the Zoning Board of Appeals to fill
the vacancy.
7. Robert F. Fleming as Chairman of the Zoning Board of Appeals.
Mr. Mullen requested the concurrence of the Board in these appointments.
- 1 - Reg. 7-19-65
It was moved by Trustee Garrity that the Board concur in the foregoing
appointments made by Mr. Mullen.
Trustee Zettek raised a point of order. He said that the President pro-tem does
not carry the power to appoint, he merely serves as Chairman of the meeting.
Trustee Zettek said he checked this with the Village Attorney last night.
The foregoing motion was then seconded by Trustee Lewis.
It was moved by Trustee Chernick that the Board reconsider this motion for one
week until the President, who has the right to make appointments, returns.
During the discussion which followed, Trustee Zettek re-iterated his ctstement that
these appointments are not legal and he requested a recess of five minutes to call
the Village Attorney.
Mr. Mullen said that a recess was not in order.
Trustee Coney said that he was not sure in his own mind of the validity of the
appointments and said he felt the Board should recess for the purpose of calling
the Attorney for an opinion.
It was moved by Trustee Garrity and seconded by Trustee Lewis that the Board recess
for ten minutes.
Trustee Zettek asked the Village Clerk to call the Village Attorney and get a
ruling on the question.
The motion was voted upon by acclamation; whereupon Mr.. Mullen declared the motion
carried, and the meeting recess at 8:31 P. M.
Mr. Mullen reconvened the meeting at 8:39 p. m, at which time the following answered
"PRESENT" to roll call: Trustees Chernick, Coney, Garrity, Lewis, Mullen, Zettek;
"ABSENT" - President Pahl
The Village Clerk reported that the Village Attorney stated that the absence of the
President, in this instance, is not of sufficient duration to elect a President
Pro-tem and that the motion at this meeting, in effect., was to appoint a Temporary
Chairman, and that in such capacity Mr. Mullen has no power to make appointments.
It was moved by Trustee Zettek and seconded by Trustee Lewis that the motion (to
concur in the appointments) be tabled.
Trustee Garrity offered a substitute motion and moved that the motion tc concur in
the President Pro-tem's appointments be tabled until next Tuesday.
Trustee Lewis withdrew his second to Trustee Zettek's motion.
Mr. Mullen declared Trustee Garrity's motion failed for lack of a second.
Trustee Zettek withdrew his motion and requested that since the Board has the Village
Attorneyfs opinion that the appointments cannot be made under these circumstances,
that the matter be dropped.
Mr. Mullen said that the matter cannot be dropped, there is a motion on the floor
to concur in the appointments.
It was moved by Trustee Zettek and seconded by Trustee Coney that the motion be tabled.
Mr. Mullen directed the Clerk to call the roll on the motion and upon the roll being
called the following Trustees answered "AYE"-Coney, Lewis, Mullen; "NAY"-Chcra'_ck,
Garrity, Zettek. Trustee Zettek said his "NAY" vote is to see what course of action
Mr. Garrity will pursue. Whereupon Mr. Mullen declared the motion not carried.
tIt was abled moved unext rustee Garrity and seconded by Trustee Lewis that the moticn be
Tuesday evening.
Trustee Zettek said the motion is not legal, that the Board has the Attorney' s opinion.
Mr. Mullen directed the Clerk to call the roll on the motion and upon the roll being
called the following Trustees answered "AYE" - Coney, Garrity, Lewis, Mullen; "NAY"-
Chernick, Zettek; "ABSENT" - President Pahl. Whereupon Mr. Mullen declared the
motion carried.
-.� - Reg. 7-19-65
Village Manager George L Majorca reported:
1 . That he has prepared an analysis of M.F.T. funds available showing
estimated expenditures for 1965 and 1966. He distributed copies to
the Board,
2. That the question of straightening of Landmeier Road, which he was
requested to look into, involves a subdivision on the south side of
the street and the possibility of holding the plat until some action
could be taken to obtain the right-of-way on the north side of the
street. He said the problem is that the property on the north side
of the street is not owned by the developer ,and consequently the
right-of-way would have to be obtained by purchase or condemnation.
That would be the first step, and the second step would be to convince
the County Highway Department that they should relocate the road.
3. Regarding the extension of water service to the addition to the building
owned by Mr. Bondioli at Route 83 and Landmeier Road, Mr. Bondioli has
disconnected the service and the addition is now being served by private
well supply. The lines will be tapped this week.
4. Well # has been connected into the system for over a week.
5. That he should have an answer next week as to whether the change in the
sequence of the distribution pumps will effect the accuracy of the
recording equipment at well #2. The engineers anticipate that it will.
6. The cost of a sidewalk through the right-of-way on Walnut Lane to the
Park site io uld be approximately x380 for the 150 ft, lenght; the cost
of a sidewalk to cross the 200 ft, Commonwealth Edison right-of-way would
be approximately :$480, The cost of a parking lot and access to Tonne Road
from the park site would be approximately $200 per Car for 10 cars or over,
and approximately X6300 per ear for 10 cars or less,
7. That the Board has received the recommendation (from Tec-Search) on the
density of the apartment site: also a report from the Village Engineer
concerning the capacity of the 30" sewer line; and the estimated cost of
the proposed bridge across Salt Creek at Clearmont Drive.
The Clerk read the Fire Department and Street Department reports for the month of
June, 1965. (These reports will be on file in the Clerkfs office for review. )
Trustee Coney opened a discussion on open burning on a construction site in the
western area of the Village. Mr. Majorca will discuss with the Village Attorney
the possibility of drafting an ordinance to permit same with proper controls.
The Clerk reported receipt of a letter dated July 16, 1965 from Mr. Evan W. Stebbins,
Centex Construction Company, Inc. enclosing two plats of Section 11 marked with
those streets, the construction of which Centex is requesting approval. Centex
guarantees these streets, curbs and gutters, sidewalk and storm drainage for one
year and agrees to provide a maintenance bond for one year when the Village accepts
the streets for permanent maintenance.
Trustee Coney noted that two of the intersections in the above mentioned Section
should be examined closely. The above matter was referred to the Village Engineer
with Mr. Coneyts request.
The Clerk reported that the final plat of Centex Industrial Park Unit 102 has
been referred to the Plan Commission for recommendation.
The Clerk reported receipt of notice from the State Department of Revenue of Sales
Tax to be remitted to the Village for the month of April 1965 in the amount of
. 11 ,065.94, and notice from the State Division of Highways of the Motor Fuel Tax
Allotment for the month of June 1965 in the amount of ;67,646.84.
Copies were distributed of a proposed Resolution, prepared by President Pahl,
regarding the Softball teams of the Municipal Government.
- 3 - Reg. 7-19-65
It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board
adopt Resolution No. 41-65 regarding the Municipal Softball teams. The motion
was voted upon by acclamation; whereupon Mr. Mullen declared the motion carried.
The Clerk reported that drs. James DeLill has requested, by telephone, that their
petition fors zoning variation to construction of a six foot fence is being
withdrawn.
It was moved by Trustee Coney and seconded by Trustee Lewis that the Burd
authorize the refund of the $35.00 filing fee paid by Mrs. DeLill for a .zoning
hearing. Mr. Mullen directed the Village Clerk to call the roll on the motion
and upon the roll being called the following Trustees answered "AYE" - Chernick,
Coney, Garrity, Lewis, Mullen, Zettek; "NAY" - none; "ABSENT"- President Pahl.
Whereupon Mr. Mullen declared the motion carried. .
Following discussion, it was moved by Trustee Lewis and seconded by Trustee
Garrity that the Board concur in the recommendation of the Plan Commission (as
reported July 13, 1965) and approve the plat of dedication for public streets in
the Devon-O'Hare Industrial Park. Mr. Mullen directed the Village Clerk to cell
the roll on the motion and upon the roll being called the following Trustees
answered "AYE" - Chernick, Coney, Garrity, Lewis, Mullen, Zettek; "NAY" - none;
ABSENT" - President Pahl. Whereupon Mr. Mullen declared the motion carried.
Trustee Coney said that a review of the Water Department records has indicated
that since the facilities were purchased by the Village 26 months ago, the total
billing has been 3700,000. Of that amount, slightly over $1 ,000 has been
uncollectable from persons who have moved from the Village, have been 400 move-outs,
25 of whom had deposited the $20 which has been required since October 1963.
75 of the 400 move-outs account for the ;$1,000 in unpaid bills. Trustee Coney
said that the uncollectable bills are less than one-tenth of one percent of the
total billing for that period of time and this makes it difficult to justify
charging everyone a $20 deposit. He said that he is further analyzing the unpaid
accounts prior to making a final recommendation.
In reply to Mr. Mullen., Village Manager Majoros said that he is preparing job
specifications for interviewing of Village Engineer applicants: and that he has
an additional section to add to the proposed personnel policy and some changes in
that already submitted, but that he would have to have it distributed back to the
Board next week.
Village Manager Majoros reported that he, Engineer Fletcher and Street Department
Foreman Jack Andrews reviewed the proposed resolutions for the repair and sealing
of various arterial and non-arterial streets, inasmuch as there appeared to be
some concern on the part of the Board that the price of repair was too high. They
found only 3 streets which they felt could be reasonably deleted at this time,
Tonne Road, Laurel Street and Victoria Lane, The deletion of these three streets
would cause a $6,000 reduction in the proposed resolution for the arterial streets.
Trustee Lewis said he felt that there were other streets in the Village which are
in greater need of repair than some of those listed in the proposed resolutions.
Trustee Chernick said that there are streets in the area south of Oakton Road and
north of Landmeier Road which need repair and that he thought that repair work
should be done on the oldest streets before proceeding to repair others.
It was moved by Trustee Zettek and seconded by Trustee Garrity that the Board
concur in the Village Manager's recommendation and adopt Resolution No. 42-65
entitled "RESOLUTICH FOR MAINTENANCE OF NCN ARTERIAL STREETS BY MUNICIPALITY UNDER
THE ILLINOIS HIGHWAY CODE" and appropriating the sum of p8,000.00 of Motor Fuel
Tax funds for said purpose. Mr. Mullen directed the Clerk to call the roll on the
motion and upon the roll being called the following Trustees answered "AYE" - Coney,
Garrity, Mullen, Zettek; "NAY" - Lewis; "ABSTAIN" - Chernick; "ABSENT" - President
Pahl. Whereupon Mr. Mullen declared the motion carried.
- 4 - Reg. 7-19-65
It was moved by Trustee Zettek and seconded by Trustee Garrity that the Board
adopt Resolution No. 43-65 entitled "RESOLUTION FCR MAINTENANCE OF ARTERIAL
STREETS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CCDE4 and appropriating the
sum of $60500.00 of Motor Fuel Tax funds for said purpose. Mr. Mullen directed
the Clerk to call tha roll on the motion and upon the roll being called the
following Trustees answered "AYE" - Chernick, Coney, Garrity, Lewis, Mullen, Zettek;
"NAY" - none; "ABSENT" - President Pahl. Whereupon Mr. Mullen declared the notio;7
carried.
The Clerk stated that it has been suggested that the Village objectives and policies,
adopted by Resolution No. 39-65, be published in a newspaper and that a note from
President Pahl states that he is in favor of such action.
It was moved by Trustee Lewis and seconded by Trustee Coney that the Board
authorize the Village Clerk to publish the Village goals and objectives as adopted
by Resolution No. 39-65. Mr. Mullen directed the Clerk to call the roll on the
motion and upon the roll being called the following Trustees answered "AYE" - Chernick,
Coney, Garrity, Lewis, Mullen, Zettek; "NAY" - none; "ABSENT"- President Pahl.
Whereupon Mr. Mullen declared the motion carried.
The Clerk reported receipt of notice from the State Department of Public Works
and Buildings that the Resolution adopted by the Village Board on June 8, 19650
providing for the improvement of Pratt and Nicholas Boulevard by paving the invert
of the drainage ditch in the median strip and appropriating $17,500 of M.F.T. funds
for said construction, has been approved by them. The Clerk also reported receipt
of a legal notice prepared by the Village Engineer requesting bids for this
improvement which is to be referred to as 8-CS and announcing an August 17, 1965
bid opening.
It was moved by Trustee Garrity and seconded by Trustee Coney that the Board
authorize the Village Clerk to advertise for bids for Section 8-CS. Mr. Mullen
directed the Clerk to call the roll on the motion and upon the roll being called
the following Trustees answered "AYE" - Chernick, Coney, Garrity, Lewis, Mullen,
Zettek; "NAY" - none; "ABSENT" - President Pahl. Whereupon Mr. Mullen declared
the motion carried.
The Village Clerk administered the oath of office to Village Manager George L. Ma;oros.
The Board then discussed the proposed appropriation ordinance, copies of which were
previously distributed.
It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board adopt
Ordinance No. 398 entitled "AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE
EXPENSES OF THE VILLAGE CF ELK GR O1E VILLAGE FOR MUNICIPAL PURPOSES DESIG14ATED AS
THE "ANNUAL APPROPRIATION BILL" FOR THE PERIOD BEGINNING MAY 1 , 1965 AND ENDING
APRIL 30, 1966".
During discussion, three changes were made and Trustee Zettek amended the above
motion with the consent of the second to reflect deletion of Section 5.504, a
change of Section 8.235 from $350 to $700, and the addition of the words "and
principal" to "Revenue Bonds, Series 1963 Interest" which appears at the top of
page 8.
Mr. Mullen directed the Clerk to call the roll on the motion and upon the roll
being called the following Trustees ans•.,ered "AYE" - Chernick, Coney, Garrity,
Lewis, Mullen, Zettek; "NAY" - none; "ABSENT" - President Pahl. Whereupon Mr.
Mullen declared the motion carried.,
Trustee Zettek said that he was requested by President Pahl to present an award
at the Centex Industrial Park Association meeting on July 20th and Trustee Zettek
requested, in view of the action at this meeting, whether or not the Board wished
him to make this presentation. The Board agreed that he should do so.
-,f- Reg. 7-19-65
Trustee iAtek made a statement regarding the action atthe beginning of this
of this meeting. ( A copy of this statement will be orf file in the Clerk's office. )
Former Trustee E\t ,,,r:P,
V. Keith, present in the audience, noted that at a public
meeting held in 1965 representatives of +arious organizations and groups
within the Villacussed various aspects „p the Villages proposed goals and
objectives, and sae people were toldAhat they would again be cons•..^_.`.od
prior to the fint on o£ these objedtives. He suggested a letter be sent
to these personsg t this was overlooked.
,F
Mr. Keith suggest the oard,Ionsider the transfer of any surplus water
and sewer funds e goner account for the purpose of providing additional
money for recreahich has, en reduced this year from previous years.
It was moved by e Garrity and econded by Trustee Coney that the mee".ng
be adjourned. The motion.otas voted uapn by acclamation; whereupon 11r.
declared the motion carried, and the m ting adjourned at 10:04 p.m.
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Eleanor G. Turner
Village Clerk ,
APPRCVED:
- 6*- Reg. 7-19-65
Trustee Zettek made a statement, a copy of which is attached hereto and made
a part hereof.
Former Trustee Eugene V. Keith, present in the audience, noted that at a public
meeting held in January 1965 representatives of various organizations and groups
within the Village discussed various aspects of the Villages proposed goals and
objectives, and that these people were told that they would again be consulted
prior to the final adoption of these objectives. He suggested a letter be sent
to these persons stating that this was overlooked.
Mr. Keith suggested that the Board consider the transfer of any surplus water
and sewer funds into the general account for the purpose of providing additional
money for recreation which has been reduced this year from previous years.
It was moved by Trustee Garrity and seconded by Trustee Coney that the meeting
be adjourned. The motion was voted upon by acclamation; whereupon Mr. Mullen
declared the motion carried, and the meeting adjourned at 10:04 P. m.
Eleanor G. Turne V�
Village Clerk
APPRWED:
- 6 - (as amended) Reg. 7-19-65
Trustee Zettek: "Since this Board came into being, I am sure you Gentlemen
will agree, that I have tried to the best of my ability to be above-board with
it, to cooperate with it because I felt that this was the only way that Elk Grove
Village could really progress. Government, in itself, is a difficult enough task
and when you make those responsible for good government suspect of each other,
then you in turn do not fulfill the obligation that you have made to the Residents,
I have never heard of a case such as tonight, where a temporary chairman sought
to make appointments that more properly belong to the President and should be mace
by him. I am especially discouraged because of the fact Mr. Pahl has been so open
with this Board. He has never tried to make an appointment without discussing it
with you in Committee. He has fulfilled the obligation that I still contend that
we made, that we would not discuss people at an open Board Meeting for fear that
there might be objection from certain members and we have pursued that up till
tonight. It becomes obvious to me that certain Members of this Board met among
themselves, either by telephone or by some assembly. You did it to the exclusion
of two Members of the Board and it is obvious, without the knowledge of the President.
And I tell you Gentlemen, you cannot run a government this way.
I've had experiences on this Board of working hand-in-hand with each other and I've
had the experience of fighting each other when personalities became more important
than the issues. I speak of one Gentlemen, he knows• of whom I speak of, he told
me in my home that he never again wanted to go through two years like he had just
gone through and I don't want to go through that again. I've indicated to you, I've
indicated to individuals and I've indicated to groups of people in this Village,
how happy I was with the way this Board was working together. The confidence we
had in each other, the fact that we had met in Committee and had resolved all our
differences, the fact that we had committed ourseleves to working together for the
progress of this Village.
I had certain people in mind that I wanted to see appointed, people that are not
only friends of mine, people that I have served with, people that I feel do a
very competent job, people that have experience in government and I forsook these
people even being considered because certain people on this Board felt that they
should not be and rather than cause any disagreements on this Board I said ^'Fine,
as long as you get a majority on this Board I will not argue with any of your
appointments and I will not pursue mine any further' , even though I felt these
Gentlemen were worthy of it.
I am sure that all I say you people can attest to and I tell you now that you are
doing a disservice to this Village, you are doing disservice to the entire Community
that surrounds us, you are doing a disservice to each and every member of this Board
and you are completely ignoring your responsibility to this Village, if again you
attempt to do something as such as you have tried to do tonight.
I think it is a shameful thing, especially so, when we have worked so well together
in the past three months where we have honored each and every one of our re nests.
We've had some differences that have been discussed at Board meetings. In Committee
we've had differences that have been ironed out and you seek to do what you did
tonight, to completely go around the Village President, who has been honorable
toward each and everyone of you, who has allowed you your say in each and every
Instance, who has taken back suggested appointments because certain member: of you
did not want these people. He has done all of this and each and everyone of tis
have been honest with each other and then tonight you attempt to do something like
you did, well, you have the years ahead of you to make the public forget this and
I would hope they would but if you pursue this same type of approach to government,
you'll have to answer to it in the next election.
I am shameful of my out-burst of emotion, but I think you share responsib_lity for
bringing it on. Above all, you cannot take your own personal desires and try and
push them on government. You must go with the way the laws are administcr,-1, in
fact, the President has the right to appoint with the concurrence of the Board.
- 1-
I apologize to this Board for this show of emotion, but again I say, I think
it was brought on by something that has been unparralleled to my knowledge,
where a group would go around the President and two Trustees, with not even
the consideration of telling them of what they intended to do.
I apologize to the Residents of this Community for this action because they
voted for us, they put us up here and I am sure that when you people met,
however you met, you wouldn't want thirteen thousand people listening to that
conversation. You have the years to make the people forget this and I intend
in doing it and I intend to work with each and everyone of you".
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