11/05/19731
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There being no further business, on motion by Trustee Stiehr, seconded by Trustee
Moses, the meeting was adjourned at 11:50 P.M.
ATTEST:
Village Clerk
78, 29", � e —
APPROVED:
President
November 5, 1973
The regular meeting of the President and Board of Trustees of the Village of
Deerfield was called to order by the President in the Council Chambers of the Village
Hall on Monday, November 5, 1973 at 8:10 p.m. The clerk called the roll and reported
that the following were
Present: Bernard Forrest, President
Albert E. Brust
Norma Gavin
George Kelm
Walter H. Moses, Jr.
Werner E. Neuman
Daniel H. Stiehr
Absent: None
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Trustee Brust moved, seconded by Trustee Stiehr, that the minutes of the Board
of Local Improvements and the regular meeting of the Board of Trustees, both held on
October 15, 1973, be approved as submitted, with correction of a typographical error
on page 230 of the regular meeting. Motion carried unanimously,
Treasurer's Report The treasurer's report showing the balance of
accounts, cash and investment statements, detail
expenditures by activity, revenue and expense statement and highlight control report
as of September 30, 1973 was received.
Treasurer George Valentine stated the expenditures for tree removal exceeded
the amount budgeted, but the Street and Bridge Fund was in good financial condition
overall; however, something must be done to increase Sewer Fund income where ex-
penditures exceed revenues by a substantial amount and the deficit will become greater.
Trustee Brust stated he felt Mr. Valentine has done an exceptional job in pre-
'paring.Trepo.rts w.hi6h,,provide meaningful financial data to the Board, and moved the
acceptance of the report; seconded by Trustee Gavin, and carried unanimously.
Finance Committee Recommendation A report from the Finance Committee recommended an
30-A, Flat Rate Sewer Charge increase in the sewer rate to 30 cents for each
100 cubic feet of water supplied. Attached to the
recommendation was the treasurer's analysis of present revenues and the amount that
would be received from the 30 cent rate, and pertinent data from the Environmental Pro-
tection Agency relative to sewer charges.
Trustee Kelm stated Federal regulations do not permit a graduated rate schedule
based on volume, and the change to a flat rate should be made now rather than wait
until it is required. Federal standards for grants also require the imposition of a
surcharge on industrial users which must be paid in addition to the flat rate charge.
He stated the impact of a 30 cent flat rate would not be severe on homeowners, but
would be more pronounced on commercial and industrial users.
Trustee Neuman stated a flat rate was more equitable since it costs as much to
treat one gallon of sewage as another. He recommended the same kind of study be made
on water rates, especially since water,,must be conserved, and suggested a flat rate
charge for water.
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1st Presentation - Ordinance The f:.rst presentation was, woe, og an. ordin --
3 0q, Flat Rate Sewer Charge ance amending Section 24.1100 of the Municipal
Code by establishing a sewer service charge
of 30 cents for each 100 cubic feet of water supplied.
Trustee Kelm moved, seconded by Trustee Brust, that the rules be waived to
permit action on the ordinance at its first presentation.
Discussion was had on the implementation for billing at the increased rate
and if 4fas explained,, that the staggered billing schedule would present no problem.
Trustee Stiehr stated he was averse to passage of the ordinance which would affect
every homeowner in the Village when no prior information had been given on the
increase in rates.
The motion and second were withdrawn, and the ordinance will be on the
agenda for the next meeting.
Approve Payment - ':$30497.58 A bill for $30,497.58 was received from
B & W Phase I Storm Sewer Baxter & Woodman for engineering services in
connection with Phase I of the storm sewer
improvements, this amount being 78 per cent of the engineer's fee of $39,099.46.
The bill was questioned by Trustee Brust who stated the project had been developed
while the Village had an engineering staff which he had helped to promote on the
basis the Village would save consulting engineer fees. The manager stated the
Village engineer, would do the inspections which would otherwise be done by Baxter
& Woodman and for which they would be paid under the terms of the contract.
Trustee Neuman moved, seconded by Trustee Kelm, that payment of $30,497.58
to Baxter & Woodman be approved for engineering fees in connection with Phase I.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)I
Abstaining: Bru,st (1)
Report -P.C. Training & Activity The Chief of Police submitted a report on
Department training and activity for the
fiscal years 1972 -73 and to date in 1973 -74. In 1972 -73 training hours totaled
3,876 including 1,200 hours of basic training for new personnel; gross training
costs were $31,854.32 with reimbursements of $13,959.05 from State grants. To
date in fiscal 1973 -74 training hours total 1,234.5, and additional training
is planned. After the current fiscal year, it is hoped that training hours will
be no more than'2 =1/2 per cent provided basic training is not required for new
employees, or there are no special needs.
Discussion was had on the training program which is administered and decisions
made by the Chief after consultation with the manager. Trustee Brust stated the
amount spent for training exceeds that spent by many businesses, and although there
is partial reimbursement from the State, this can be offset by overtime. and other
related expense. Chief Whitton stated it was his opinion the improved department
was due to the training program.
Trustee Neuman stated he had noticed the Enforcement Index was not included
in the last monthly report, and the Chief stated this information would be given
hereafter. Trustee Neuman stated the Board would be better informed if members
had some idea on what were the goals of the Department. Discussion was had on the
two reports submitted each month by the Police Chief. Trustee Gavin suggested the
two reports could be combined in some manner so as to include information on the
progress made in achievement of goals as proposed by Trustee Neuman. President
Forrest asked the Chief to submit a report on objectives for the next meeting.
Re: Parking Tickets Trustee Neuman stated a citizen had asked
him about a parking ticket which included a
notice to appear before the Circuit Court of Cook County. Chief Whitton explained
that "Cook County" was a printer's error, and decision had been made to use these
tickets since reprinting would take 8 to 10 weeks. HI-stated the Error has caused
no problems, since the third copy of the multiple ticket is not used, a regular
traffic ticket being written in lieu thereof. Lt. Charles stated the judge has
ruled the parking tickets are not admissible in Lake County and therefore the regu-
lar ticket is issued if' -the -fine'is. notepaid on the "cafeteria" basis. Trustee
Kelm stated the first part of the three part ticket does not say how or where the
ticket can be challenged, and this information should be given. Trustee Moses said
it was his opinion the three part ticket was a waste of time, and suggested that the
regular tickets be used or a one ticket form which would be admissible in Court.
C hief;.Whitton will give a report on parking tickets at the next meeting, after
c hecking with the Court and Village prosecutor.
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Discussion-No Parking The Chief of Police reported the ordinance on parking
had been reyieWed and there were several sections
which were of some concern. Trustee Moses questioned why parking on the street was pro-
hibited between 2 a.m. and 6 a.m. The manager explained the ordinance expedited snow
removal and was a help to the Police Department. Chief Whitton stated the ordinance was
helpful from the point of view of patrolling, but posting'signs was the only way to
eliminate complaints on enforcement. .Warning tickets are now being used for-'first
offenders, and will probably solve the problem. The manager stated information on no
parking has been given to the Welcome Wagon and Greeter, but the State had removed the
signs which had.been. posted at the entrances to the Village. Trustee Gavin suggested
that''infotmation on no parking be given to all applicants for water service.
Chief Whitton stated another change suggested is a schedule of charges for more
serious parking violations. President Forrest asked the Chief to include his recommenda-
tions in the report on parking tickets.
The meeting was recessed at 9:35 p.m., and reconvened at 9:50 p.m., all members
p resent.
P.C. Report- Special Use A report from.the Plan Commission recommended that
Masonic Lodge- Office Bldg. a Special Use be approved for a new Masonic Lodge -
Office building at 711 Waukegan Road, subject to
a variation to permit 73 parking spaces in lieu of the required 75, and the dedication of
the rear 25 feet for street purposes, as set forth in the Comprehensive Plan.
President Forrest and several members expressed concern about the proximity of
the driveway to the First National Bank's driveway and the need for a minimum number of
curb cuts on Waukegan Road. The joint use of the Bank's driveway was suggested, but
Plan Commission Chairman Cynthia Marty pointed out that much of the parking for the
lodge- office building was below grade and a common driveway was not possible. She stated
the building had been designed so cars can exit onto the proposed "ring" road at the
rear, and it was possible that ingress from this proposed road could also be provided.
President Forrest stated it would be better to sacrifice a few parking spaces rather than
have driveways too close. The architect stated four or five parking spaces would be lost
if the driveway location is changed. Trustee Gavin stated ramps for bicycles and wheel-
chairs should be provided when driveways are constructed.
Trustee Stiehr then moved, seconded by Trustee Kelm, that the Village attorney
prepare an ordinance authorizing the Plan Commission to hold the public hearing on a
petition for a parking variation, the proposed ordinance to be the subject of a public
hearing before the Plan Commission. The motion failed by the following vote:
Ayes: Gavin, Kelm, Stiehr (3)
Nays: Brust, Moses, Neuman, Forrest (4)
Trustee Brust stated he has suggested the appointment of an Administrative Review
Committee, to review and consider revisions of procedures on matters such as this.
Trustee Neuman concurred.
Approve Env. Com. Recommendation A report from the Environmental Commission recommended
Re: Open Burning Prohibition that the ordinance prohibiting the burning of
leaves and other combustible materials be retained
and not be repealed as is now authoirzed by the State, and the fact that the ordinance
prohibiting the burning of leaves is still in full force and effect be publicized.
Trustee Neuman moved, seconded by Trustee Gavin, that the Environmental Commission's
recommendation be approved and adopted, and the ban on leaf burning be publicized.
Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Neuman, Stiehr (5)
Nays: Moses (1)
Report- H.S.Drive Problem Youth Worker Tom Creighton reported the North Trail
1st Presentation Anti - Loitering Summit Drive Committee has met twice and has sub-
Ordinance mitted recommendations which should alleviate the
littering and loitering problem on and near High
School Drive. The Committee has recommended to the High School Board and administration
In a discussion of parking for the lodge- office building,
Mrs. Marty
stated the
5,000 sq. ft. lodge room area had not been included in computing
the number
of required
parking spaces since the lodge could use the parking provided for
offices.
The Village
attorney read the sections of the Zoning Ordinance pertaining to
parking requirements
for clubs and lodges and the combined use of parking facilities,
and stated
a public
hearing must be held by the Board of Zoning Appeals on a petition
for a parking variation.
Trustee Stiehr stated it was his opinion that the Plan Commission
should be
able to hear
and submit recommendations on parking variations.
Trustee Stiehr then moved, seconded by Trustee Kelm, that the Village attorney
prepare an ordinance authorizing the Plan Commission to hold the public hearing on a
petition for a parking variation, the proposed ordinance to be the subject of a public
hearing before the Plan Commission. The motion failed by the following vote:
Ayes: Gavin, Kelm, Stiehr (3)
Nays: Brust, Moses, Neuman, Forrest (4)
Trustee Brust stated he has suggested the appointment of an Administrative Review
Committee, to review and consider revisions of procedures on matters such as this.
Trustee Neuman concurred.
Approve Env. Com. Recommendation A report from the Environmental Commission recommended
Re: Open Burning Prohibition that the ordinance prohibiting the burning of
leaves and other combustible materials be retained
and not be repealed as is now authoirzed by the State, and the fact that the ordinance
prohibiting the burning of leaves is still in full force and effect be publicized.
Trustee Neuman moved, seconded by Trustee Gavin, that the Environmental Commission's
recommendation be approved and adopted, and the ban on leaf burning be publicized.
Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Neuman, Stiehr (5)
Nays: Moses (1)
Report- H.S.Drive Problem Youth Worker Tom Creighton reported the North Trail
1st Presentation Anti - Loitering Summit Drive Committee has met twice and has sub-
Ordinance mitted recommendations which should alleviate the
littering and loitering problem on and near High
School Drive. The Committee has recommended to the High School Board and administration
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that a trial smoking area be provided-on campus for use without parental per-
mission, the effectiveness of the on campus smoking area to be.revi,ewed. and
evaluated after a reasonable time, and final decision mede. A smoking area is
being provided on campus and will be ready in a few days, but parental permission
w ill be required.
Other recommendations include the passage of an anti - loitering ordinance
for the area, and more frequent visits by the Police Department, particularly
before and after school and during the noon hour.
An ordinance was presented amending Chapter 28 of the Municipal Code by
adding a new Article III - Loitering. The Village attorney stated the proposed
ordinance was based on the National Institute of Municipal Law Officers' ordinance
which has been sustained by the Courts in several cases. Trustee Gavin questioned
whether passage of the ordinance might not destroy the good relationship with the
Police Department. Mr. Frederick Finne, Summit Drive,,stated the smoking area on
campus will be helpful, but in order to give relief to the homeowners, passage of
the ordinance was necessary and should create not problems if intelligently en-
forced by the Police Department. He pointed out that the smoking area on campus is
to be used only for smoking, and parental permission must be given to use this area.
Trustee Stiehr, a member of the committee, stated the School Board had done its
part in solving the problem by providing a smoking area on campus, and the Board
should do its part by passing the anti - loitering ordinance as recommended by the
c ommittee.
Trustee Moses moved, seconded by Trustee Stiehr, that the rules be waived
to permit action on the ordinance -at its first presentation. The motion failed
by the following vote:
Ayes: Moses, Stiehr (2)
Nays: Brust, Gavin, Kelm, Neuman (4)
The ordinance will be on the agenda for the next meeting.
Mr. William Rauch of the Youth Council stated the proposed ordinance was
far broader than had been discussed by the committee, and the committee should be
reconvened to consider the ordinance before the Board says the committee has rec-
ommended the ordinance. The Village attorney explained ;_:that�an:�ant= }�oitering
ordinance limited to the Summit -High School Drive area would noC be valid.
Residents asked the Police to make more frequent visits to the area to
a lleviate the problem of littering and loitering. They also stated marijuana is
smoked there. Chief Whitton stated the Police Department had held back on enforce-
ment while the committee was working on the problem, but past policies on enforce-
ment will be reactivated. President Forrest stated a solution to the problem is
not possible without the cooperation of all bodies - the homeowners, School Board,
Village Board, Police Department, Youth Worker and students.
$100 per--Month to Mr. William Rauch of the Youth Council stated
N.S. Help Line the Council has recommended that $100 per
month be given to the North Shore Help Line.
The organization is doing an exceedingly fine job, but is underfunded. Various
taxing bodies and service organizatio.ns^are.contA siting to the Help Line, but
additional funds are needed if the work is-to continue. Trustee Kelm suggested
that all public bodies be contacted. Trustee Gavin stated funds might be avail-
able from the Illinois Law Enforcement Commission, and President Forrest suggested
the Police Chief be consulted.
H Trustee
c ontributed to
u
Trustee
o by adding that
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Neuman moved, seconded by Trustee Gavin, that $100 per month be
the North Shore Help Line until the end of the fiscal year.
Stiehr moved, seconded by Trustee Brust, that the motion be amended
funds from the Youth Council budget shall be used. Motion carried
Trustee Kelm voting Nay.
The motion as amended was adopted by the following vote:
Ayes: Brust, Gavin, Moses, Neuman, Stiehr (5)
N ays: KE1m (1)
Authorize Ordinance -2 Class A The owner of Mr. Adams restaurant asked the
Liquor Licenses Board to authorize the issuance of a beer
license for his restaurant. The Village
attorney stated the ordinance can be amended to provide for an additional license
for the sale of beer to be consumed on the premises; the 1941 referendum prohibits
" pouring licenses" except for liquor of not more than 4 per cent alcohol by weight.
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Trustee Moses moved, seconded by Trustee Gavin, that the Village attorney prepare
an ordinance to provide for an additional Class A (beer) license.
Motion carried unanimously.
S.C. Recommendation Re: A report from the Safety Council recommended that:
Rosemary Terrace Traffic 1) "No Left Turn" signs be installed on the east
side of Rosemary Terrace at Orchard Street and
Westgate Road; 2) "School Zone" sign''s'be installed at the northeast corner of Deerfield
Road and Rosemary Terrace for the Christ United Church Nursery School, and on the west
side of Rosemary Terrace between Westgate Road and Orchard for the Holy Cross School
area;,and 3) elimination of the parking spaces in front-of the National Tea Store and
the cab stand in front of Shoppers Court on the north side of Deerfield Road.
Trustee Gavin moved, seconded by Trustee Moses, that the recommendation for
installation of No Left Turn signs on Rosemary Terrace be rejected. Motion carried
unanimously.
Installation of the "School Zone" signs will be handled administratively.
Authorize Ordinance
Eliminate Cab Stand
side of Deerfield Road in front of
Motion carried unanimously.
Trustee Moses moved, seconded by Trustee Gavin,
that the Village attorney be directed to prepare
an ordinance eliminating the cab stand on the north
Shoppers Court.
Trustee Gavin spggested that President Forrest talk to the Chamber of Commerce
regarding elimination of the parking spaces in front of the National Tea Store.
Trustee Moses stated the Safety Council had discussed at some length the poor
line of visibility at this crossing and had.decided on the recommended sign as the best
solution to the problem. The "hump" in the crossing prevents motorists from seeing
pedestrians and b icyclis;fis -but it was his opinion that the proposed signs did not
give warning of the problem.
Trustee Neuman moved, seconded by Trustee Stiehr, that the Safety Council's
recommendation be rejected.
Motion carried unanimously.
S.C. Report -H.P. Sign Relation A report from the Safety Council recommended that
& No U Turn - Carriageway & the City of Highland Park be requested to relocate
Millston - Rejected the "Highland Park" city limits sign east of the
entrance to Kings Cove Subdivision which is in
Deerfield, and that a "No U Turn" sign be installed at Carriage Way and Millstone.
Trustee Gavin moved, seconded by Trustee Moses, that both recommendations of
the Safety Council be rejected.
Motion carried unanimously.
Reject S.C. Recommendation The Safety Council recommended that Stop signs be
Stop Signs - Wilmot & North installed on Wilmot Road at North Avenue as re-
quested by the Village of Bannockburn.
Trustee Gavin moved, seconded by Trustee Moses, that the recommendation be
rejected. Adopted by the following vote:
AyeX: Gavin, tKelm; -Neuman, S.tiehr (4)
Daps :Brust; Moses . -(2):
Appointments -P.C. & Y.C. President Forrest proposed the following appointments
to the Plan Commission and Youth Council:
S.C. Resort- Update Signalization
A report from the Safety Council
recommended that
& Gates at R.R. Crossings
the Board request the Milwaukee
Road to update
signalization and crossing gates
at railroad
crossings. This matter will be
discussed at the workshop meeting to
he held Wednesday
n ight, November 7th.
Reject S.C. Recommendation
A report from the Safety Council
recommended that
Signs Osterman R.R. Crossing
- "Caution- Dangerous Bump" signs be
installed at
both approaches to the Osterman
Avenue railroad
c rossing.
Trustee Moses stated the Safety Council had discussed at some length the poor
line of visibility at this crossing and had.decided on the recommended sign as the best
solution to the problem. The "hump" in the crossing prevents motorists from seeing
pedestrians and b icyclis;fis -but it was his opinion that the proposed signs did not
give warning of the problem.
Trustee Neuman moved, seconded by Trustee Stiehr, that the Safety Council's
recommendation be rejected.
Motion carried unanimously.
S.C. Report -H.P. Sign Relation A report from the Safety Council recommended that
& No U Turn - Carriageway & the City of Highland Park be requested to relocate
Millston - Rejected the "Highland Park" city limits sign east of the
entrance to Kings Cove Subdivision which is in
Deerfield, and that a "No U Turn" sign be installed at Carriage Way and Millstone.
Trustee Gavin moved, seconded by Trustee Moses, that both recommendations of
the Safety Council be rejected.
Motion carried unanimously.
Reject S.C. Recommendation The Safety Council recommended that Stop signs be
Stop Signs - Wilmot & North installed on Wilmot Road at North Avenue as re-
quested by the Village of Bannockburn.
Trustee Gavin moved, seconded by Trustee Moses, that the recommendation be
rejected. Adopted by the following vote:
AyeX: Gavin, tKelm; -Neuman, S.tiehr (4)
Daps :Brust; Moses . -(2):
Appointments -P.C. & Y.C. President Forrest proposed the following appointments
to the Plan Commission and Youth Council:
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Plan Commission:. Mr. Donald B. Wines to the term expiring in May, 1975.
Youth Council: Mr. Edwin B. Seidman to the term expiring in May, 1975.
Trustee Stiehr moved, seconded by Trustee Neuman, that the above appointments
be approved.
Motion carried unanimously.
Report -VW Annexation The Village attorney reported that the annexa-
tion agreement with Volkswagen provides that
the Village's ordinances shall not be more restrictive than Cook County's ordinances.
The attorney for Volkswagen is now reviewing the Cook County ordinances, and a report
will be forthcoming shortly.
Ordinance - Zoning Amendment Trustee Moses moved, seconded by Trustee Stiehr,
Bond or Escrow k -1 -B District that the ordinance be passed amending Section
(0- 73 -64) VI- B,D,3,b of the Zoning Ordinance to provide
that as a condition for approval of a planned
development in an R -1 -B District, the owner shall deposit in escrow or give other
security for payment of a proportionate share of the cost of improvements for future
streets in the planned development upon the occurrence of the earlier of 1) the
issuance of a building permit for any part of the planned development, or 2) the
development of neighboring property requires the installation of the improvements;
the ordinance approving the planned development to be recorded if required by the
Board of Trustees. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
1st Presentation - Ordinance
Re: Nursing Homes
The first presentation was made of an ordinance
amending Chapter 18 of the Municipal Code by
adding a new Article VII pertaining to the
licensing and regulation of nursing homes.
Trustee Neuman moved, seconded by Trustee Moses, that the ordinance be
amended as follows: Section 18.704a; Change 21 years of age to 18 years of age,
and delete the words "physical and "; Section 18.705a - Add at the end thereof the
phrase "as now enacted or hereafter amended ". Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman (5)
Nays: Stiehr (1)
Table B & W Proposal A letter from Baxter & Woodman gave a cost of
_Bannockburn Sewage Study $1,000 for a study of the Bannockburn sewerage
area. President Forrest stated Bannockburn
had increased the area to be served by Deerfield to include industrial property,
and he felt Bannockburn should pay for the study.
Trustee Neuman moved, seconded by Trustee Gavin, that the matter be tabled.
Motion carried unanimously.
Report - Deerbrook Bic clerPath Trustee Gavin stated the bicycle path in the
Deerbrook Shopping Center should have been
provided when the Center was being planned. Florence Avenue will be a good route
when it is annexed to the Village, but this does not solve the immediate problem.
The manager of the Center will recommend that an internal traffic study be made
and she asked the Village manager to follow up on this recommendation.
Trustee Neuman stated the logical place for the bicycle path is at the rear
of the buildings although this location will require moving the fence and will
take away some parking spaces. Trustee Stiehr stated that, in order to follow up
on Trustee Neuman's suggestion, it must be determined how many parking spaces will
be lost, and if parking requirements are not met, a variation may be required after
a public hearing before the Board of Zoning Appeals. President Forrest suggested
the manager get a report on parking from the building commissioner, and the Board
can then determine what should be the next step. The Safety Council will be con-
sulted on the designation of a bicycle path.
PostponeConsideration Revised personnel rules and regulations
Personnel Rules Revisions were presented. Trustee Brust stated the
cover letter said the rules had been put into
effect jury administrative decision until action is taken by the Board. He questioned
this procedure.
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The manager stated he had understood that the provisions of the Police Contract
would apply to all Village employees and the revisions merely reflect changes resulting
from the Police Contract with one exception — the Public Works Department.
Trustee Moses moved, seconded by Trustee Neuman, that consideration of the revised
Personnel Rules and Regulations be postponed until the next meeting.
Motion carried unanimously.
In connection with a letter from the Village attorney, Trustee Brust asked why
payment had been made to the Park District for property proposed to be dedicated to
the Village for the Park Avenue extension. The attorney stated the Park Board needed
the funds since property on Hazel Avenue had been acquired to replace land to the
dedicated for the street. The clerk stated she has not received the Plat of Dedication,
which must be recorded.
There being no further business, on motion by Trustee Brust and seconded by
Trustee Neuman, the meeting was adjourned at 12:00 midnight.
A TTEST:
Village Clerk
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APPROVED: it
President