Thursday, January 4, 2001
7:30 PM
Village of Lombard
Board Room - Village Hall
Village Board of Trustees
Meeting Minutes
Village Board of Trustees
Meeting Minutes
January 4, 2001
REGULAR MEETING - JANUARY 4, 2001 - 7:30 P.M.
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Village President Willliam J. Mueller, Village Clerk Lorraine G. Gerhardt, Trustee |
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Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. Schaffer, Trustee |
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Steven Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
Present:
BOARD ROOM Revised 1/2/01
Broadcast on Cable TV Channel 6
I
Call to Order and Pledge of Allegiance
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The Regular Meeting of the President and the Board of Trustees of January 4, 2001 was |
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called to order by President Mueller at 7:30 p.m. in the Board Room of Village Hall. The |
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Pledge of Allegiance was led by Village Clerk Lorraine Gerhardt. |
II
Roll Call
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Upon Roll Call by Village Clerk, Lorraine Gerhardt, the following were Present: |
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President Mueller, Trustees Borgatell, Tross, Schaffer, Sebby, Florey, and Kufrin, Jr. |
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Appointed Officials Present: |
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Administrative Assistant Ellen Balsamo |
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Village Attorney Thomas P. Bayer |
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Village Attorney Simone Beutet |
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Director of Community Development David Hulseberg |
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Director of Finance Len Flood |
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Administrative Assistant Melissa Mundt |
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Director of Public Works Stan Rickard |
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Assistant Director of Public Works John Burg |
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Village Engineer David Dratnol |
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Senior Planner Bill Heniff |
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Records Clerk Diane Mucha |
III
Public Hearings
000698
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President Mueller convened the Public Hearing at 7:31 p.m. and recognized Attorney |
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Tom Bayer. Mr. Bayer then reviewed the purpose of the Public Hearing regarding the |
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proposed Annexation Agreement for the property at 19W655 Roosevelt Road. He asked |
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that anyone wishing to comment step to the podium. There being no one, the hearing |
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was adjourned at 7:33 p.m. |
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Enactment No: 19 W 655 Roosevelt R |
IV
Public Participation
Members of Public Who Spoke
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Joan DeStephano, 30 N. Lincoln, spoke regarding a number of comments that have |
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been in the local papers regarding the conflicts in the police and fire departments. She |
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feels the generalizations in the papers do not let the residents know what is actually |
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happening in these departments. |
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President Mueller stated discussions to be held tonight will help clear things up. |
000757
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Enactment No: Swearing-in - Probat |
000756
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President Mueller also thanked the Knights of Columbus for their part in the telephone |
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drive. |
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Enactment No: National Blood Donor |
V
Approval of Minutes
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It was moved by Trustee Borgatell, seconded by Trustee Kufrin Jr., to approve the |
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minutes for the Board of Trustees Regular Meeting of December 7, 2000. The |
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motion carried by the following vote: |
Aye:
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Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
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Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
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Paul Kufrin Jr. |
6 -
VI
Committee Reports
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Economic/Community Development Committee - Trustee Paul Kufrin, |
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Jr., Chairperson |
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Trustee Kufrin stated the Committee met on January 2, 2001 at which time information |
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was received regarding the Conference Center that is coming to Lombard. He reported |
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that plans are moving along favorably with the group that is working on the Center. He |
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reported that staff is investigating an increase in fees in regard to weekend and holiday |
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inspections. |
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Trustee Kufrin also spoke of the Business Award Program that is scheduled for April. |
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The next meeting of the Committee is the first Tuesday in February. |
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Environmental Concerns Committee - Trustee Kenneth M. Florey, |
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Chairperson |
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Trustee Florey stated there has been no meeting and the next meeting is the fourth |
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Tuesday in January. |
Finance Committee - Trustee David N. Schaffer, Chairperson
Trustee Schaffer informed the Board that meetings will resume on January 25, 2001.
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DuPage County Community Development Commission - Trustee |
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David N. Schaffer, Lombard Representative |
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Trustee Schaffer stated the Committee has been on winter break, therefore there was |
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no report. |
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Legislative Review Committee - Trustee Ralph F. Borgatell, |
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Chairperson |
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Trustee Borgatell reported that there is very little happening legislatively in Springfield. |
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The next meeting of the Committee will be February 5, 2001, at which time the |
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Chairman of the DuPage County Board, Robert Schillerstrom will be in attendance. |
Public Works Committee - Trustee Steven D. Sebby, Chairperson
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Trustee Sebby stated that the last meeting was held December 12, 2000 at which time |
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the second draft of the Capital Improvement Program was discussed, relocating |
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priorities. The next draft will be presented at the January 9, 2001 Committee meeting. |
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Trustee Sebby commended the Public Works Crews who have been working very hard |
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plowing snow. |
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Transportation & Safety Committee - Trustee Richard J. Tross, |
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Chairperson |
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Trustee Tross reported that the January meeting of the Committee had been cancelled. |
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The next meeting is February 6, 2001 at which time the Route 53 project will be |
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discussed. |
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Community Promotion & Tourism Committee - Trustee Richard J. |
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Tross, Chairperson |
Trustee Tross stated there has been no meeting.
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DuPage Convention & Visitors' Bureau - Trustee Richard J. Tross, |
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Lombard Representative |
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Trustee Tross reported that there was a meeting in December. He indicated how excited |
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the group was in regard to the Convention Center coming to Lombard. |
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Village Clerk/President of Board of Local Improvements - Lorraine G. |
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Gerhardt |
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Clerk Gerhardt decided in an effort to be brief and concise, she would not review the |
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BOLI meeting of December which was to be read in the Consent Agenda. |
VII
Village Manager/Village Board Comments
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Village Manager William Lichter stated tonight is the last board meeting for which Chief |
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Leon Kutzke will be in attendance. Mr. Lichter thanked Chief Kutzke 11 years of service |
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to Lombard and wished him well in the future. |
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President Mueller thanked Public Works for the excellent work that has been done |
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during the recent snowstorms. He urged residents to call the Public Works department if |
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there is a problem with snow removal on their streets. |
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President Mueller expressed congratulations to Carol Bauer for 35 years with Lombard. |
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He also congratulated Jim Bandel, Building Inspector Supervisor, who was elected to |
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the Suburban Building Officials Conference as President, Ted Klioris, elected to serve |
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on the Suburban Building Officials Conference Executive Committee and Len Farina, |
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who was elected as Second Vice Chairman to the International Association of Electrical |
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Inspectors suburban division's Board of Directors. He also mentioned that there will be |
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a Committee of the Whole Meeting on January 16, 2001. |
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Trustee Florey mentioned that the DuPage Theater parking lot is now open, and it will |
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relieve concerns regarding commuter parking. He stated that Public Works did a good |
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job getting the lot ready in the bad weather that we have had. |
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Clerk Gerhardt reminded those who are circulating signature petitions for election, that |
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the filing dates are January 15, 2001 through January 23, 2001. |
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There were some comments made in regard to the DuPage Theater AdHoc Committee |
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by Trustee Tross and President Mueller. |
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Trustee Sebby indicated that originally he was concerned about a possible conflict of |
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interest of the AdHoc Committee. As none of the members of the AdHoc Committee are |
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serving on any other committees or working with any developers, his concerns have |
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been dismissed. Trustee Kufrin also had concerns, but he feels all the members of the |
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AdHoc Committee will do a good job. |
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Trustee Borgatell stated he has judged from the backgrounds of the Committee |
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members that everyone is well qualified and he is looking forward to these people being |
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able to do some good things. |
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President Mueller stated there is great deal of enthusiasm on the part of the Committee |
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members. |
VIII
Consent Agenda
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It was moved by Trustee Schaffer, seconded by Trustee Kufrin Jr., to pass the |
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Consent Agenda, to suspend the rules, waive first reading and pass on second |
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reading, waive competitive bidding and award contracts approve and adopt |
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resolutions as needed for the following items and as read by the Clerk on the |
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Consent Agenda. The motion carried by the following vote: |
Aye:
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Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
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Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
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Paul Kufrin Jr. |
6 -
000720
This Matter was approved on the Consent Agenda.
000721
This Matter was approved on the Consent Agenda.
000741
This Matter was approved on the Consent Agenda.
000754
This Matter was approved on the Consent Agenda.
000755
This Matter was approved on the Consent Agenda.
000686
This Matter was passed on first reading on the Consent Agenda.
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Enactment No: Ordinance 4918 240 E |
000680
This Matter was passed on first reading on the Consent Agenda.
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Enactment No: Ordinance 4919 Text |
000687
This Matter was approved on the Consent Agenda.
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Enactment No: Lombard Auto Wrecker |
000738
This Matter was passed on first reading on the Consent Agenda.
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Enactment No: Ordinance 4920 600 W |
000740
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This Matter was waived of first reading and passed on second reading under |
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suspension of the rules on the Consent Agenda. |
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Enactment No: Ordinance 4908 325 S |
000743
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The petitioner requested a continuance of ZBA 00-11 to the January 18, 2001 Village |
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Board Meeting |
This Matter was continued on the Consent Agenda.
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Enactment No: Ordinance 4927 343 W |
000766
This Matter was approved on the Consent Agenda.
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Enactment No: Appointments to Boar |
000759
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This Matter was waived of first reading and passed on second reading under |
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suspension of the rules on the Consent Agenda. |
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Enactment No: Ordinance 4909 Tasha |
000764
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This Matter was waived of first reading and passed on second reading under |
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suspension of the rules on the Consent Agenda. |
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Enactment No: Ordinance 4910 Indus |
000752
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This Matter was waived of first reading and passed on second reading under |
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suspension of the rules on the Consent Agenda. |
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Enactment No: Ordinance 4911 Surpl |
000722
This Matter was adopted on the Consent Agenda.
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Enactment No: Resoultion 80-01 22n |
000723
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 81-01 Fin |
000724
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 82-01 SA2 |
000728
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 83-01 Lin |
000735
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 84-01 Lif |
000748
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 85-01 Fra |
000750
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 86-01 998 |
000751
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 87-01 105 |
000762
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 88-01 Lin |
000763
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 89-01 Oak |
000765
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 90-01 Com |
000767
This Matter was adopted on the Consent Agenda.
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Enactment No: Resolution 91-01 Gra |
000690
This Matter was passed on second reading on the Consent Agenda.
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Enactment No: Ordinance 4912 Mr. W |
000760
This Matter was approved on the Consent Agenda.
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Enactment No: Assignment Agreement |
000761
This Matter was approved on the Consent Agenda.
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Enactment No: DuPage County Zoning |
000746
This Matter was approved on the Consent Agenda.
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Enactment No: Lotus Notes Client S |
000758
This Matter was approved on the Consent Agenda.
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Enactment No: Purchase of Six Squa |
000745
This Matter was approved on the Consent Agenda.
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Enactment No: Personal Computers ( |
IX
Agenda Items for Separate Action
000683
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AN ORDINANCE AMENDING TITLE 3, CHAPTER 33, SECTION 33.02 OF THE LOMBARD |
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VILLAGE CODE IN REGARD TO OFFICE AND RANKS |
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WITHIN THE FIRE DEPARTMENT |
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Trustee Tross asked that the Fire and Police Commission be consulted. |
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Trustee Florey stated that he appreciated Trustee Tross's wish for more information but |
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he indicated there has already been enough information, advice, and discussion, and |
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feels the time has come to move forward. He expressed his confidence in Chief |
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Seagraves' recommendations for three Battalion Chiefs rather than Captains. |
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Trustee Tross stated that he feels this matter would be better discussed at a meeting of |
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the Committee of the Whole and wishes to seek council. |
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Trustees Tross, Borgatell and Schaffer all urged prior approval of the Fire and Police |
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Commission before the Board voted. |
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Enactment No: Ordinance 4913 Ranks |
After much discussion, Trustee Sebby made a motion to call for the question.
Call For The Question
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It was moved by Trustee Sebby, seconded by Trustee Kufrin Jr., to call for the |
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question. A 2/3 majority which requires a vote of 5 ayes is necessary to pass a |
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call for the question. The motion failed by the following vote: |
Aye:
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Village President Willliam J. Mueller, Trustee Steven Sebby, Trustee |
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Kenneth M. Florey and Trustee Paul Kufrin Jr. |
4 -
Nay:
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Trustee Ralph Borgatell, Trustee Richard J. Tross and Trustee David N. |
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Schaffer |
3 -
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As a result of some Trustee's questioning the propriety of his proposal, Chief Seagraves |
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stated that if anything is not in compliance with State statute, it should not be done. The |
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Budget workshop is going to be held and future improvements will be discussed. He |
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also stated that additional Lieutenants may be needed in the future. He stated that the |
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vote should be made based upon necessity, not based on possible future |
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repercussions. |
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Trustee Schaffer voiced his concerns and asked if the Deputy Chief's role would |
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change. |
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Chief Seagraves stated that the role of the Deputy Chief may or may not change. |
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Trustee Tross felt that the debate lies in the name of Battalion Chief and asked what is |
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the structured chain of command and also what are the qualifications for the position. He |
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suggested that the Fire and Police Commission send a letter stating their position. |
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Borgatell questioned if there is a different test for battalion chief and/or captain. |
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President Mueller stated that the Fire and Police Commission does not have the |
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responsibility of making such recommendations. He reminded the Board that the Fire |
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and Police Commission has specific responsibilities: 1. To draft tests, 2. To Conduct |
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tests and hire firemen and policemen and 3. To discipline infractions. |
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Trustee Florey stated that he does not feel it is the Board of Trustees' job to create a job |
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description for this position. |
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Trustee Kufrin stated that there are too many issues that are being discussed that are |
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beyond the realm of the Board. He stated he feels this has gone on long enough. |
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President Mueller stated he is unsure where the breakdown has come since the issue |
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first came to the board last February and appeared to be supported by everyone. |
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President Mueller also stated it is the responsibility of the Board of Trustees to come to |
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a decision in this matter. |
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Trustee Schaffer asked to question Joe Bartuch of the Fire and Police Commission. |
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Joe Bartuch who lives at 733 E. Sunset, Lombard stepped up to the podium. Trustee |
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Schaffer asked when this issue was introduced to the Commission. Mr. Bartuch stated |
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the issue was presented to the Fire and Police Commissioners last September. The |
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Commission's attorney and the Village attorney, Mr. Bayer, were in contact and issues |
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were worked out. |
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Trustee Tross asked to remove the waiver of first reading due to sufficient concern |
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relative to the chain of command issue that is not addressed in the job description. |
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Trustee Tross felt the vote should be unanimous. |
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Trustee Schaffer concurred and would vote for first reading. |
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Trustee Sebby stated the educational requirements of an Associates Degree for |
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Battalion Chief as being very minimal. |
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Trustee Florey asked the Chief why a waiver of first reading was requested. |
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Chief Seagraves stated this position was to be filled by January 2,2001. The |
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appointment was to be made by the end of February or the beginning of March. He |
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stated he feels any additional delay would only make the process longer. |
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Trustee Schaffer feels 2 weeks will not make that much of a difference in time frame. |
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It was moved by Trustee Florey, seconded by Trustee Kufrin Jr., to suspend the |
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rules, waive first reading and pass on second reading an Ordinance amending |
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Title 3, Chapter 33, Section 33.02 of the Lombard Village Code with regard to the |
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offices and ranks within the Fire Department creating the position of Battalion |
|
Chief. The motion carried by the following vote: |
Aye:
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Village President Willliam J. Mueller, Trustee Steven Sebby, Trustee |
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Kenneth M. Florey and Trustee Paul Kufrin Jr. |
4 -
Nay:
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Trustee Ralph Borgatell, Trustee Richard J. Tross and Trustee David N. |
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Schaffer |
3 -
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B. Division of Bureau of Inspectional Services and Fire and |
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Rescue Services (Moved to X-A) |
000609
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Enactment No: Ordinances 4921, 492 |
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It was moved by Trustee Kufrin Jr., seconded by Trustee Borgatell, to pass on |
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first reading approval authorizing the Execution of an Annexation Agreement. |
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The motion carried by the following vote: |
Aye:
|
Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee |
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Richard J. Tross, Trustee David N. Schaffer, Trustee Steven Sebby, |
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Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
7 -
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It was moved by Trustee Kufrin Jr., seconded by Trustee Florey, to pass on first |
|
reading to approve Annexing the Property at 201 E. Roosevelt Road (19W655 |
|
Roosevelt Road) and rezoning to the B3 Community Shopping District and |
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granting of Conditional Uses for a restaurant including entertainment, dancing, |
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and/or amusement devices and for an outside service area for other permitted or |
|
conditional uses in the district. The motion carried by the following vote: |
Aye:
|
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
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Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
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Paul Kufrin Jr. |
6 -
Trustees Tross and Kufrin left the dais at 9:20 p.m.
000610
Trustee Kufrin returned to the dais at 9:22 p.m.
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Enactment No: Ordinance 4928 2700 |
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It was moved by Trustee Schaffer, seconded by Trustee Borgatell, to continue |
|
this matter to the January 18, 2001 Village Board Meeting. The motion carried by |
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the following vote: |
Aye:
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Trustee Ralph Borgatell, Trustee David N. Schaffer, Trustee Steven |
|
Sebby, Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
5 -
Absent:
Trustee Richard J. Tross
1 -
Trustee Tross returned to the dais at 9:23 p.m.
000747
|
Enactment No: Ordinance 4914 Budge |
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It was moved by Trustee Sebby, seconded by Trustee Borgatell, to waive first |
|
reading and pass on second reading an Ordinance amending the FY 2000-2001 |
|
budget. The motion carried by the following vote: |
Aye:
|
Village President Willliam J. Mueller, Trustee Ralph Borgatell, Trustee |
|
Richard J. Tross, Trustee David N. Schaffer, Trustee Steven Sebby, |
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Trustee Kenneth M. Florey and Trustee Paul Kufrin Jr. |
7 -
X
Agenda Items for Discussion
000768
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Trustee Tross moved that this item be deferred to the 2001-2002 Budget meetings. |
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Trustee Kufrin stated that the survey has gone out to residents and the majority of the |
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survey has come back positive in its support to continue as is. He feels the subject |
|
should be left alone. |
|
Trustee Kufrin urged, "if it's not broken why fix it" |
|
Trustee Sebby understands that the fire department has been going along very |
|
positively. He was caught off guard with the article that was published before Trustee |
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Sebby was even informed. He would like to see an end to this issue. He feels the Chief |
|
has done a good job.Trustee Sebby indicated this matter should not be pursued. |
|
Trustee Florey agreed with Trustee Sebby. He stated he believes that the present |
|
system is doing well. |
|
Trustee Borgatell stated this issue should be looked at. |
|
Trustee Tross stated this issue should not be in the political arena. |
|
President Mueller agreed with Trustee Tross that this should not have been brought |
|
before the Board of Trustees Regular Meeting. |
|
Enactment No: Division of Bureau o |
|
It was moved by Trustee Tross, seconded by Trustee Borgatell, to separate the |
|
Bureau of Inspectional Services and the Fire and Rescue Division of the Fire |
|
Department. The motion failed by the following vote: |
Aye:
|
Trustee Ralph Borgatell, Trustee Richard J. Tross and Trustee David N. |
|
Schaffer |
3 -
Nay:
|
Village President Willliam J. Mueller, Trustee Steven Sebby, Trustee |
|
Kenneth M. Florey and Trustee Paul Kufrin Jr. |
4 -
|
It was moved by Trustee Florey, seconded by Trustee Kufrin Jr., for a resolution |
|
of support of the way Chief Seagraves is conducting his department. The motion |
|
carried by the following vote: |
Aye:
|
Trustee Richard J. Tross, Trustee Steven Sebby, Trustee Kenneth M. |
|
Florey and Trustee Paul Kufrin Jr. |
4 -
Nay:
Trustee David N. Schaffer
1 -
Abstain:
Trustee Ralph Borgatell
1 -
XI
Executive Session
|
It was moved by Trustee Kufrin Jr., seconded by Trustee Florey, that the regular |
|
meeting of the President and the Board of Trustees recess to executive session at |
|
9:35 p.m. for the purpose of discussing, |
|
1. Collective Negotiating Matters |
|
2. Acquisition of Real Property |
|
3. Probable or Imminent Litigation. The motion carried by the following vote: |
Aye:
|
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
|
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
|
Paul Kufrin Jr. |
6 -
Reconvene
|
The recessed Regular Meeting of the President and Board of Trustees of January 4, |
|
2001 was called to order by President Mueller at 9:55 p.m. |
|
Upon Roll Call by Village Clerk, Lorraine Gerhardt, the following were Present: |
|
President Mueller, Trustees Borgatell, Tross, Schaffer, Sebby, Florey, and Kufrin, Jr. |
XII
Adjournment
|
It was moved by Trustee Sebby, seconded by Trustee Tross, that the Regular |
|
Meeting of the President and Board of Trustees of January 4, 2001 be adjourned |
|
at 10:16 p.m.. The motion carried by the following vote: |
Aye:
|
Trustee Ralph Borgatell, Trustee Richard J. Tross, Trustee David N. |
|
Schaffer, Trustee Steven Sebby, Trustee Kenneth M. Florey and Trustee |
|
Paul Kufrin Jr. |
6 -
