Village of Buffalo Grove Board of Trustees met Oct. 21.
Here is the minutes provided by the Board:
Call to Order
President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag.
Roll Call
Roll call indicated the following present: President Sussman; Trustees Stein, Ottenheimer, Weidenfeld, Johnson Smith and Pike.
Also present were: Chris Stilling, Acting Village Manager; Patrick Brankin, Village Attorney; Andrew Brown, Deputy Finance Director; Art Malinowski, Director of Human Resources; Katie Golbach, Human Resources Management Analyst; Nicole Woods, Deputy Director of Community Development; Brett Robinson, Director of Purchasing; Evan Michel, Management Analyst; Darren Monico, Village Engineer; Mike Reynolds, Director of Public Works; Mike Skibbe, Deputy Director of Public Works; Geoff Tollefson, Director of Golf Operations; Police Chief Casstevens; Deputy Police Chief Eisenmenger; Fire Chief Baker.
Approval of Minutes
Moved by Johnson, seconded by Weidenfeld, to approve the minutes of the September 16, 2019 Regular Meeting. Upon roll call, Trustees voted as follows:
Ayes: 5 – Stein, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Abstain: 1 - Ottenheimer
Motion declared carried.
Moved by Smith, seconded by Ottenheimer, to approve the minutes of the October 7, 2019 Committee of the Whole Meeting. Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Warrant #1306
Mr. Brown read Warrant #1306. Moved by Weidenfeld, seconded by Johnson, to approve Warrant #1306 in the amount of $4,246,545.43 authorizing payment of bills listed. Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Village President’s Report
President Sussman asked Jerry Zabel to come forward as she recognized him for winning the 2019 National Veterans Creative Arts Competition Award. Mr. Zabel was then congratulated and thanked by the audience and the Board.
President Sussman read a Proclamation Recognizing the Life of Former Village Trustee John Marienthal and remembering his years of dedicated service to the entire Buffalo Grove Community.
President Sussman read a Proclamation declaring Thursday, October 31, 2019 as Trick or Treat Day in the Village of Buffalo Grove and encouraged the cooperation of all residents, young and old, in making this a happy and safe occasion for children.
Village Manager’s Report
There is no Village Manager’s report tonight.
Reports from Trustees
The Village Clerk reviewed the upcoming Civics Forum that will take place on October 28, 2019, and asked the students who will be participating to come forward and introduce themselves.
The Village Clerk noted that 2020 Census Day is on April 1, 2020 and reviewed the importance of every resident completing the census to be sure that they are counted.
Consent Agenda
President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda.
Resolution No. 2019-31 – Municipal GIS Partners
Motion to pass Resolution No. 2019-31 approving revisions to the Municipal GIS Partners (MGP) Contract.
Resolution No. 2019-32 – Complete Streets Policy
Motion to pass Resolution No. 2019-32 approving a Complete Streets Policy.
Resolution No. 2019-33 – Fire Plan Review
Motion to pass Resolution No. 2019-33, award of agreement for Fire Plan Review Services.
Resolution No. 2019-34 – Grant Opportunities
Motion to pass Resolution No. 2019-34 authorizing the expenditure of funds for consulting services to identify and obtain grant opportunities in conjunction with the Buffalo Grove Park District and Vernon Township.
Resolution No. 2019-35 – E50 T4 Bobcat
Motion to pass Resolution No. 2019-35 authorizing purchase replacement equipment, E50 T4 Bobcat Compact Excavator and accessories, through the Sourcewell Purchasing Cooperative.
Ordinance No. 2019-49 – Traffic Ordinance Amendment
Motion to pass Ordinance No. 2019-49, an amendment to the Traffic Ordinance, adding STOP signs on Penny Lane and Clohesey Lane at Ivy Hall Lane.
Proclamation – Native American Heritage
Motion to approve a Proclamation declaring November as Native American Heritage Month.
Proclamation – World Polio Day 2019
Motion to approve a Proclamation recognizing World Polio Day 2019.
Goddard School
Motion to accept Certificate of Initial Acceptance and Approval: Goddard School Development Improvements.
Contract Extensions
Motion to approve authorization to execute Contract Extensions with multiple vendors as listed below:
• Fourth-year contract option with Service Sanitation for portable restroom rental and services.
• Fourth-year contract option with Gen Power Inc., for portable power and lighting.
• Fourth-year contract option with Wold Ruck Pate for architectural services.
• Fifth and final-year contract option with Ultrastrobe Inc. for emergency vehicle lighting installation services.
• Third-year contract option with Presstech for Newsletter printing services.
• Third and final-year contract option with DiMeo Brothers Inc., Mark Mead Excavators Inc., and Kloepfer Construction Inc. for emergency contractor assistance.
• Third and final-year contract option with Lucas Landscape for tree removal services.
• Second-year contract option with City Escape and Garden Design for right-of-way and median mowing services.
• Second and final-year contract option with G&M Trucking for aggregate supply and delivery.
• Extension of the engagement of Filippini Law Firm to provide economic development legal services as needed.
SCADA
Motion to approve authorization to execute an agreement with Concentric Integration for supervisory control and data acquisition maintenance services and software maintenance support in an amount not to exceed $83,000.00, pending final review and approval of the agreement by the Village Attorney.
Moved by Ottenheimer, seconded by Johnson, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried
Resolution No. 2019-36 - Vehicles
Moved by Smith, seconded by Weidenfeld, to pass Resolution No. 2019-36, granting authorization to purchase replacement Police, Fire and Public Works vehicles through the Suburban Purchasing Cooperative.
Mr. Robinson reviewed the proposed resolution, details of which are contained in the memo that he and Mr. Whalen sent to Mr. Bragg on September 11, 2019. Mr. Robinson then answered questions from the Board and confirmed that these expenditures are fully funded and are planned replacements.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Ordinance No. 2019-50 – Meter Install
Moved by Pike, seconded by Johnson, to pass Ordinance No. 2019-50, award of bid for Smartwater Zone Meter Install, authorizing the Village Manager to execute an agreement with Benchmark Construction Company in an amount not to exceed $40,888.00, pending final review and approval of the agreement by the Village Attorney and consistent with items contained in Board packets.
Mr. Robinson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of October 17, 2019, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Resolution No. 2019-38 – Road Salt
Moved by Pike, seconded by Weidenfeld, to pass Resolution No. 2019-38, authorizing the Village Manager to purchase no less than 2,800 tons and no more than 4,200 tons of bulk rock salt from Morton Salt and Cargill Inc. at a total price not to exceed $323,589.00 in accordance with the Illinois Governmental Joint Purchasing Act.
Mr. Robinson reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg of October 16, 2019.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Resolution No. 2019-39 – Reimbursement
Moved by Weidenfeld, seconded by Smith, to pass Resolution No. 2019-39, expressing Official Intent regarding certain capital expenditures to be reimbursed from proceeds of an obligation to be issued by the Village of Buffalo Grove, Lake and Cook Counties, Illinois, in a not-to-exceed amount of $240,000.00, and consistent with materials contained in Board packets.
Mr. Brown reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg of October 15, 2019.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Ordinance No. 2019-51 – Water Main Replacement
Moved by Stein, seconded by Johnson, to pass Ordinance No. 2019-51, 2020 Water Main replacement project survey and design engineering services to Gewalt Hamilton Associates Inc. in an amount not to exceed $174,500.00, in accordance with information contained in Board packets.
Mr. Monico reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of October 7, 2019.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Ordinance No. 2019-52 – Tower Replacements
Moved by Johnson, seconded by Smith, to pass Ordinance No. 2019-52, authorizing the Village Manager to execute a contract with Urbancomm in a base amount not to exceed $262,666.00, pending final review and approval of the agreement by the Village Attorney, and authorizing the Village Manager to control a contingency of 8 percent of the overall project or $21,000.00 only to be expended in the event of unforeseen issues that may arise as the new infrastructure is integrated into existing architecture.
Mr. Robinson reviewed the proposed ordinance, details of which are contained in the memo that he and Mr. Skibbe sent to Mr. Bragg of October 17, 2019.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Ordinance No. 2019-53 – Stormwater Master Plan
Moved by Stein, seconded by Johnson, to pass Ordinance No. 2019-53, authorizing execution of an agreement with Engineering Resource Associates for professional engineering services to complete a Stormwater Master Plan in an amount not to exceed $169,500.00 pending attorney review and in accordance with information contained in Board packets.
Mr. Reynolds reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of October 11, 2019.
Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Ordinance No. 2019-54 – Adult-use Cannabis
Moved by Johnson, seconded by Pike, to pass Ordinance No. 2019-54, amending the Zoning Ordinance pertaining to the addition of regulations regarding adult-use cannabis and medical cannabis business establishments in certain zoning districts of the Village.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of October 17, 2019, after which he answered questions from the Board.
In the case of the Deerfield Road/Milwaukee Avenue site, Mr. Stilling clarified that at least one portion of the parcel must have some level of frontage on Milwaukee Avenue.
Trustee Johnson stated that she believes this is a well written piece of legislation and adequately allows the Village of Buffalo Grove to more than adequately regulate recreational cannabis if such a business applies for a license within our borders.
Trustee Johnson amended the motion to approve Ordinance No. 2019-54 to include the following changes:
• A recreational dispensary shall not be located within 1,000’ of museums, libraries, substance abuse treatment and counseling centers
• A recreational dispensary must be located along the following major streets: Lake Cook Route, IL Route 68 (Dundee Road) and IL Route 45 (Milwaukee Avenue).
Trustee Pike seconded the amended motion
In answer to a question from Trustee Smith, Mr. Stilling explained the reason for regulating that a proposed dispensary have a medical dispensary experience before being cleared for a recreational dispensary. Trustee Smith stated that he agrees with the logic and the reasoning, but did not necessarily agree with the ruling and does not think it is fair to any future businesses that might want to locate in the Village.
Staff answered several questions from Board members on the proposed ordinance.
President Sussman reviewed the guidelines to be followed by members of the audience who wish to speak.
During the next 4 percent hours, over 150 members of the audience spoke both in opposition and in favor of the proposed ordinance. Identification of those who spoke is attached to these minutes, and a summary of their comments is provided below.
OPT OUT:
• There will not be that much revenue
• Noted various organizations that oppose the sale
• There will be more crime
• There will be more traffic
• Would rather increase property taxes than sell marijuana
• It will make it more accessible to teens
• Sends message to teens that marijuana use is okay
• We will lose our distinction as being one of the best places to live in America
• Marijuana is a gateway drug to stronger drugs
• Village Board reports to residents
• It will make Buffalo Grove a more dangerous town in which to live
• It will lead to many different health problems
• Drugs are morally wrong
• There are other ways to increase revenue
• Sends a message to kids that money is more important than people
• Only one facility should be allowed
• Location should only be in an industrial zone
• The buffer should be increased
• Safety and addiction concerns for teens and young adults
• Several shared their personal stories dealing with drug addiction
• There will be long-term liability for Buffalo Grove
• This will have an effect on future generations
• Public safety concerns
• Security risks to the public
• Strong restrictions must be imposed
• The cost of public safety
• Underage users will employ fake ID’s
• Drug safety in the Village
• We need to think of the children of the community
• There will be social and economic costs to the village
• Worry for children and young adults in the community
• Overall effect on the community
• Data found on the adverse effects of recreational marijuana on children and young adults
• Buffalo Grove is a family-friendly community
OPT IN:
• The product will be highly regulated and PDI abides by state regulations
• The product will be regulated and tested and get black market product off the streets
• Proposed ordinance addresses the fears that are being expressed
• Buffalo Grove should take advantage of revenue
• It will reduce the use of unregulated products providing more safety and revenue
• Revenue will benefit the community
• This will allow for safe consumption
• Safer products will be available
At 11:17 P.M., it was moved by Stein and seconded by Weidenfeld to waive the adjournment time and continue until the end of the agenda. Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
Trustee Ottenheimer thanked those in the audience for attending and sharing their opinions on this issue. Trustee Ottenheimer stated that he prefers to make decisions based on facts, and he noted his reasons for choosing to opt in on a marijuana dispensary in Buffalo Grove: the marijuana industry boosts the economy; legalizing marijuana results in decreased teen marijuana use; studies confirm that marijuana policy reforms do not cause the rate of marijuana use to increase; traffic deaths and arrests for DUI do not increase, and may decrease, when marijuana is legalized; traffic deaths have dropped an average of 11 percent in states that have legalized medical marijuana; arrests for driving under the influence have decreased in Washington and Colorado; legal marijuana is regulated for consumer safety; legalization of marijuana is phasing out black markets and is taking money away from drug cartels, organized crime and street gangs; crime goes down when marijuana is legalized; studies show that marijuana dispensaries decrease crime in the neighborhoods where they are located because of an increased security presence and more people walking around the area; research indicates that people drink less and alcohol sales drop in places where marijuana is legalized; the amount of crime and violence caused by alcohol use is ten times higher than marijuana use; alcohol is a factor in approximately 40 percent of violent crimes; a shift from drinking alcohol to cannabis use will decrease crimes associated with alcohol such as domestic violence and assault; legalizing marijuana will end the costly enforcement of the marijuana laws and free up police resources; marijuana is less harmful than alcohol and tobacco, which are already legal; three to four times as many people are dependent upon alcohol as upon marijuana; taxes collected from the legal sale of marijuana support important public programs; legalizing marijuana creates thousands of needed jobs; a majority of Americans’ support legalizing marijuana; the government does not have the right to tell adults what they can put in their own bodies; people have the right to live their lives in the way that they choose so long as they do not violate the equal rights of others.
Trustee Weidenfeld stated that, no matter what position the Board takes tonight, there is nothing that this Board can do to stop recreational marijuana from being legal everywhere in the State of Illinois. Trustee Weidenfeld is opposed to the proposed ordinance because he believes that the Village has an opportunity to make a statement showing that we do not condone or encourage it or believe that it is the right thing for people to do; he has spent many years as a volunteer for Omni Youth Services and he has seen the effects that substance abuse has on people; opting out and voting negatively on the proposed ordinance will not stop anybody’s child from getting marijuana; opting out is merely sending a symbolic message; although the revenue from the sale of marijuana will benefit the Village budget, it will not solve all of the infrastructure costs that we are facing; the source of the problems lie in Springfield and that is where the protests should be targeted; local government does not have the authority in this case; there will be Public Hearings where measures can be taken to make the regulations as tight as possible.
Trustee Johnson thanked Trustee Weidenfeld for his comments and explanations, and Trustee Ottenheimer for all of the reasons that he is in favor of the proposed ordinance. Trustee Johnson stated that she believes that the proposed ordinance in front of the Board tonight is a very solid ordinance; if Buffalo Grove does not have an ordinance in place, then a future Board can do anything, so approving this legislation tonight allows the Village to have something in place. Trustee Johnson believes that the proposed ordinance covers all bases. If a recreational cannabis store is later granted a Special Use and a business license from the Village, there will be strict guidelines set for its location, operation and other important factors. This document is the product of hours of testimony at the Planning and Zoning Commission, as well as hours of work and advocacy by Village staff and Trustees to make sure all issues are addressed. If a neighboring community chooses to locate a dispensary near Buffalo Grove borders, Buffalo Grove would be unable to either set regulations or capture revenue from them, but would still have to deal with the possible negative impacts from this new law. Trustee Johnson reviewed the strongest points of the proposed Buffalo Grove ordinance: the number of dispensaries is limited to two; it will require a Special Use to operate a medical dispensary and a recreational dispensary in one location, meaning that a cannabis business has to seek permission from the Village Board to open any cannabis dispensary; the possible locations have been limited to a select few areas away from residential areas, schools and other sensitive locations and only on major thoroughfares; on-site consumption of the product is prohibited. Because the Board listened to its residents, this is one of the strictest ordinances of its type to date in the State of Illinois. The Board heard from many residents in favor of opting in through many other forms of communication, and the opinions of those residents need to be considered as well as those expressed tonight.
Trustee Stein thanked everyone who spoke tonight. Trustee Stein stated that he was not in favor of the State legalizing the sale of cannabis and cannabis products, however, since cannabis will be legalized as of January 1, 2020, opting out would not permit the Village to make possession or consumption illegal, and non-residents of Buffalo Grove will still be able to consume it and drive through Buffalo Grove. If we do not opt out, the Village has the ability to enact well thought-out regulations and monitor the situation. Opting out will not prevent marijuana from coming into our community; it is here already; it will make getting legal marijuana tougher.
With State regulated dispensaries, it will actually make consumption of the product safer. Parents and educators need to double their efforts to keep cannabis out of the hands of children, make sure there are consequences for those that supply cannabis to those under the age of 21, and report adults that are supplying the substance to children. Trustee Stein urged those who put so much energy into urging the Board to opt out to use that same energy and volunteer to become part of a group to make sure that all drugs and alcohol stay out of the hands of the youth in the community. Trustee Stein stated that he has been an opponent of this legislation for some time, and he can object on principle or choose to be realistic, and he chooses to be realistic, which is why he will be voting in favor of the proposed ordinance.
Trustee Pike also thanked everyone for attending tonight and sharing their opinions. Trustee Pike does not agree that the State should have passed this legislation, but the fact is that it will be legal on January 1, 2020, and the Village has incorporated many safeguards and restrictions into the proposed ordinance, so he will be voting in favor of opting in.
Trustee Smith stated that he agrees with much of what has been said by other Trustees and he will not repeat all of those reasons. Trustee Smith reviewed the reasons that he has volunteered for the 30+ years that he has lived in Buffalo Grove and highlighted those reasons that were on his recent campaign literature: he listens to both sides of the issues; he can understand both sides’ perspective; he can make tough and unpopular decisions for the good of the community as a whole. Trustee Smith stated that most times there is no right or wrong on issues. Just because a vote does not go in your favor does not mean that he does not listen, but merely disagrees on the final decision. In this case, as in most cases, there are different perspectives on the issue. The Daily Herald recently published two different guest editorials from State legislators that were on completely different sides on the legalization of cannabis; both articles cited completely opposite sets of statistics. There are statistics on research showing that doctors and nurses are overwhelmingly against the legalization of marijuana, and there are also newspaper headlines showing the most doctors and nurses support legalization. As a Plan Commissioner, he was part of the decision to approve the Shell/McDonald’s on Route 83 as well as the car wash on Weiland Road. Both projects had a room full of people objecting to them because they would bring in crime and lower home values, however, he voted in favor of them for the good of the community and both are currently successful additions to the community, and he is going to the same thing tonight because it is the right thing to do.
Trustee Stein called the question and Trustee Johnson seconded the motion. Upon voice vote, Trustees voted as follows on the motion to call the question:
Ayes: 5 – Stein, Ottenheimer, Johnson, Smith, Pike
Nays: 1 – Weidenfeld
Motion declared carried.
Upon roll call, Trustees voted as follows on the amended motion to pass Ordinance No 2019-54:
Ayes: 5 – Stein, Ottenheimer, Johnson, Smith, Pike
Nays: 1 – Weidenfeld
Motion declared carried.
Ordinance # 2019-55 – Adult-use Cannibis Regulations
Moved by Smith, seconded by Johnson, to pass Ordinance No. 2019-55, approving an Ordinance amending the Buffalo Grove Municipal Code Chapter 5 and Chapter 9 regarding Adult-Use Cannabis Regulations. Upon roll call, Trustees voted as follows:
Ayes: 5 – Stein, Ottenheimer, Johnson, Smith, Pike
Nays: 1 – Weidenfeld
Motion declared carried.
Questions from the Audience
President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight’s agenda; there were no such questions.
Adjournment
Moved by Stein, seconded by Johnson, to adjourn the meeting. Upon roll call, Trustees voted as follows:
Ayes: 6 – Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
Nays: 0 – None
Motion declared carried.
The meeting was adjourned at 1:07 A.M.
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