The Glenview Watch

August 25, 2002

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TRUSTEES DEBATE FINES FOR TALKING

Some months ago, Trustee Rachel Cook said Board President Larry Carlson and members of his political party were dragging their feet on reform of local boards and commissions. Trustee Mary Beth Denefe fought back, saying things might have moved more quickly if Cook had not gone on maternity leave for several months.

The Watch called it a low blow and exposed Denefe’s blatant hypocrisy in leaving an executive session that night because her child was sick. Public disclosure of that fact reportedly enraged some members of Denefe’s party and prompted a call last Tuesday for a fine of $500 against anyone who publicly discloses anything discussed during an executive session. By law, public officials are allowed to meet privately to talk about real estate deals, personnel matters and litigation, but other topics are supposed to be discussed in public.

Trustee Mike Guinane expressed doubt about the need for a penalty. "I don’t know of one instance where something has been discussed in executive session where it has gotten outside," he said.

Carlson scoffed and handed Guinane the relevant copy of Glenview Watch. "Read this!" he said.

"I can’t read that. The letters are too small, and I forgot my glasses," said Guinane.

"Do you want to borrow mine?" said Carlson.

"I know what you’re referring to," said Trustee John Crawford. "It does not involve village business. It involves gossip, and we should not be concerned with quelling gossip. . .One of the problems is that in executive sessions we have frequently discussed matters in violation of the open meetings act."

"I’m gonna’ object to that, okay?" said Trustee Jeff Lerner. "I have never violated the open meetings act in any board I’ve ever served on."

"Trustee Crawford, may I respectfully caution you that what you’re saying could open you to sanctions for saying you violated the open meetings act," said Village Attorney Jeff Randall. "I respectfully suggest that you rethink what you’re going to say."

"I don’t retract what I just said," Crawford replied. "If anybody wants to prosecute me, good luck!"

He noted that the proposed penalty would apply to anything said in an executive session – regardless of whether the law identifies that subject as appropriate for an executive session. "This would cover a conversation about the score of the World Series game or what the prospects of Notre Dame having a winning season are."

Attorney Randall jumped in, suggesting Crawford should use common sense in interpreting this or any other ordinance.

"Mr. President!" said Crawford. "There are seven elected trustees. Since when does the village attorney participate in debate? I object to the village attorney stating his views."

"I asked him to," said Carlson.

"I believe he rendered a legal opinion and did not participate in the debate," said Lerner.

Moments later Carlson called on "Trustee Randall."

"No, no, no!" said Randall.

"Let the record show that Trustee Crawford is smiling," said Carlson jovially. Turning again to the attorney he said, "Trustee Randall," then burst out laughing at this second faux pas.

RESURRECTING THE ETHICS ORDINANCE

"Mr. President, you have our assurance that what is said in executive session concerning business vital to the village will remain confidential," said Crawford. "I can’t give you any assurance that remarks made during executive session concerning the color of one’s hair or whether or not Notre Dame will have a good season will remain confidential."

The debate then took a surprising turn as Trustee Lerner resurrected an old controversy. He recalled that he, Carlson, Denefe and Guinane had changed Glenview’s ethics ordinance. As a result, former Zoning Board President and political ally Ty Laurie was able to keep that job while his law firm – Schiff Hardin Waite – represented a developer in Glenview. At the time, Crawford was furious. Now, Lerner suggested Crawford only raised ethical concerns when it suited him politically. "When we changed the ethics ordinance, there was a great outcry that we had done it for political reasons to accommodate a commissioner," he said. "Now we’re trying to impose a penalty for those who violate the sanctity of the executive session, and everybody has 101 reasons why they don’t want to [respect the requirement for] confidentiality."

"When we diluted our ethics ordinance by permitting the same conflicts of interest that the Enron board of directors permitted," Crawford replied, "I was violently against it. I still oppose it, but when it comes to gossip, I don’t understand why members of this board are so concerned about people spreading gossip which has nothing to do with village business."

"I know you like to throw the hot word ‘Enron’ in there," said Carlson. "That actually had nothing to do with [our change in the ethics ordinance]. It had to do with good people serving on our boards who might have had to resign their office because their employer appeared before an entirely different board. Let’s not get into that again."

Lerner then attacked Crawford’s right to decide what should remain confidential and what might be considered gossip. "If he’s going to be in a position to decide what is confidential, then he ought to be in a position to suffer the consequences if there’s a disagreement with his decision. We should be able to go into the executive session with the assumption that anything we say in there, whether it’s about Notre Dame, Duke or any other collegiate team in the nation, remains confidential. It should not be for him to determine what’s confidential."

Editor’s note: This remark speaks to what may be a critical problem with the enforcement of the open meetings act. Despite the fact that Lerner and Denefe are lawyers, they seem not to have read or understood the law. It is very specific about what may be discussed behind closed doors, and collegiate sports is not included.

If the village board imposes a penalty for leaking information not protected by the open meetings act to the public, then we propose an even bigger penalty for anyone who discusses non-exempt subjects in executive session.

We believe, for example, that the board has discussed reform of boards and commissions privately – in violation of the law. Trustee Denefe insisted the discussion take place behind closed doors on the grounds that it involved "personnel." At that point, we believe Village Attorney Jeff Randall and Village Manager Paul McCarthy had a professional obligation to sit down with Denefe and the other trustees to clarify the nature of what could be discussed in executive session. Unfortunately, the public has no way of knowing what actually happened since minutes from the executive session remain secret for at least six months.

PENALTY REJECTED IN ROUND ONE

Trustee Donna Pappo noted the proposed sanction could be invoked if just two members of the board complained. That, she said, invited trustees to make unsubstantiated charges for political gain – to embarrass their opponents.

When a vote was finally taken, Lerner and Denefe supported the idea of a penalty for leaking information from executive sessions, while Trustees Cook, Crawford, Guinane and Pappo voted against it.

For a third time, President Carlson called on "Trustee Randall" who proposed a compromise. Randall said a penalty could be imposed on members of the village board, public officials or employees who failed to keep information from a closed session confidential except for subjects exempted by the open meetings act. "That would take care of the gossip issue," he said. "It would only make confidential those matters which are exempt from disclosure pursuant to the open meetings act. In other words, if the board goes into executive session to discuss the purchase of a specific parcel of real estate, that matter would remain confidential, and any breach of that confidentiality would be subject to the penalties imposed by the new ordinance."

"If someone happened to disclose my vacation itinerary, that would not be sanctioned?" asked Pappo.

"Not unless you’ll be shopping for village real estate on your vacation," said Randall.

Cook said she could go along with the compromise if the proposed ordinance were changed to require that three members of the village board bring the charge rather than two, and Guinane wanted to specify that those three could not be members of the same political party.

Village Manager Paul McCarthy pointed out that legally, local political parties expire after an election, so technically no one belongs to a party until the next campaign begins.

Lerner wondered how three people could talk about bringing such a charge since the law does not allow more than two trustees to meet privately without violating the open meetings act. "I would suggest it remain two," he said.

"They could use the telephone – have two different phone calls," said Pappo.

"You’re walking a fine line," warned attorney Randall.

Carlson said he still thought the ordinance should include gossip, sports or anything else discussed in private, and the trustees agreed to continue their debate at the next meeting.

Editor’s note: What a waste of time! Could we please move forward on commission reform, pedestrian and traffic safety, storm water management, limits on campaign spending, fixing problems with our emergency dispatch center, revitalizing downtown, enacting a meaningful sign ordinance, cleaning our river and reducing litter everywhere – any of a dozen pressing problems faced by a growing village? Our trustees are too easily distracted by petty matters while the big issues that have real bearing on our lives are neglected or decided by those who were never elected – the bankers and other business interests of Glenview, the developers, Village Manager Paul McCarthy and Trustee Jeff Randall.

IN OTHER NEWS FROM VILLAGE HALL...

The board refused to vote on a proposed Steak 'N Shake on Willow Road because the restaurant wanted to have a drive-thru.

The Glen Redevelopment Commission gave approval to the appearance of a 10-screen movie theater with nearly 2,000 seats to be built just south of Hangar One.

The Plan Commission is set to renew discussion of swingset regulations and will review plans for a new office building at the North Shore Corporate Park to house the Palliative Care and Hospice Center of the North Shore.

WET WEATHER WOES

Traffic snarled as sections of Lehigh, Chestnut and Patriot were closed by heavy flooding Thursday morning, and more than 200 homeowners called the village to report flooded basements, lost power, downed trees and other storm damage. Even owners of brand new Kimball Hill and Concord homes at The Glen had problems.

Public Works Director Bill Porter said it was too soon to estimate damage, but the situation could have been worse. He noted that the Techny Basin – a giant reservoir between Heatherfield and the Chicago River – did not overflow, and that the new Lake Glenview did its part. "We watched it all night long and passed out notices to people living along the river. If the basin overflowed into the river, we told them to take precautions – to move valuables from their basements," he recalls.

As police officers, firemen and public works employees went door to door, Park Center was prepared to take in families who might be displaced by flooding, but in the end evacuation was not necessary. "The detention basins crested at about 6 a.m. Friday," Porter says. "Techny came within 15 inches of overflowing, and Lake Glenview was within a foot."

Still many families and businesses experienced substantial damage. Glenview Auto Body on Chestnut Road lost seven cars. As they sat, fully submerged, the shop’s owner complained that he had recently installed storm water detention at the insistence of the village, forcing him to regrade the property. Muddy water rushed in from the old Lutter Dump where Loyola Academy is creating sports fields.

Trees and benches around Lake Glenview were also submerged along with the "no fishing and swimming" signs that normally keep visitors away from the water’s edge. Police blocked traffic from entering East Lake Avenue, Chestnut, Lehigh and Patriot between East Lake and Willow due to heavy flooding, creating massive traffic jams on Waukegan and Pfingsten roads. Storm sewer openings were blocked by leaves, branches and mud in many places, making the problem even worse.

On Friday, the village announced that residents could put storm-damaged carpet and other household furnishings in their parkways for removal by Groot crews at no charge. "These things have to be flood-damaged," added Porter. "This is not an invitation to clean out your attic!"

BUG SPRAY BLITZ

Anticipating even bigger problems with mosquitoes after Thursday’s heavy rain, the North Shore Mosquito Abatement District promised six trucks would be out as soon as weather permits. Staffers will spray between 9 or 10 p.m. and midnight when insect activity is high and human activity low.

Operations Manager Marlon Henry said the district had already finished spraying Wilmette, Northfield, Evanston and parts of Skokie but had yet to tackle Glenview.

The district will use an insecticide called Anvil, made from a substance found in chrysanthemums. People who are allergic to the stuff or prefer not to be sprayed can call 847-446-9434 to request that crews bypass their property.

WEBSITE WOES AND OTHER PARK PATTER

The Glenview Park District website is finally up at www.glenviewparkdist.org. Just one problem. It doesn’t work properly for users of Apple/Macintosh computers. Executive Director Tom Richardson made that discovery when wife Donna, a teacher with a Mac, attempted to visit the park district on line. Computer experts are now trying to fix the problem.

– The new 38-acre West Park on Milwaukee Avenue south of Abt opened Saturday afternoon, providing Glenview with five more baseball diamonds, several basketball courts, an already popular skate park, two miles of walking/jogging paths and a restored wetland. On hand to cut the ribbon – several park district officials, Glenview’s state senator and representative, Village President Larry Carlson and Plan Commissioner Jim Patterson, who may have plans to run for the Glenview Village Board this spring. High point of the afternoon – the collapse of the Enchanted Castle. A moon walk attraction, the castle apparently sprang a leak and began deflating rapidly, forcing swift evacuation of about a dozen kids.

– Ground has not yet been broken, but already there are problems for the new Swenson Park. The Metropolitan Water Reclamation District is requiring far more storm water detention than the park district expected, and that could cost $280,000. The district budget is just over $808,000 – half of it a matching grant, so for every dollar that’s spent on detention, a buck will be lost from the matching fund. Parks Executive Director Tom Richardson is distraught. "We took away half the parking and a whole building, but we’re required to create detention as if the land were going to be covered with houses." Richardson says there is no way to appeal MWRD’s decision.

– Home improvements will soon begin at Wagner Farm. The trustees have agreed to spend more than $150,000 for a new roof and other repairs to the old farm house. Earlier this month, more than 500 people turned out for the first annual grain threshing. They played games, ate home made ice cream and helped staff to produce about 60 bushels of oats. Meanwhile, Director Todd Price reports no corn this year due to the intense heat and drought earlier this summer. There are, however, plenty of stalks suitable for construction of a corn maze this fall. And finally, the farm has more than 60 new residents – baby chicks from the Barred Rock, Rhode Island Red and Leghorn families.

– More than 100 dogs took part in the annual Doggy Dip at Roosevelt Pool, and Tom Richardson reports: "They loved it. There was one golden retriever that just wouldn’t get out of the water."

– A wood plank road and blacksmith shop are under construction at The Grove after completion of a new herb shed and wetland near Kennicott House.

– The district is battling this year’s crowd of cicadas – the noisy bugs that emerge from the ground every few years – and the giant cicada killer wasps that feed on them. The stinging insects have been nesting in play areas, sandboxes and tennis fencing forcing parks’ maintenance crews to scout and spray extensively.

– As college students leave their park district jobs, the help wanted sign goes out. If you or someone you know would like to work as a lifeguard or in some other capacity, stop by the information desk at Park Center for an application.

– Effective September 1, new members to the Park Center’s pool complex, Splash Landings, must purchase a special punch card at additional cost if they want to swim laps.

ON THE BEAT

August was a busy month for Glenview police who busted two suspects allegedly trying to pick-up a $12,000 tv at Abt after forging a check and broke up what appears to be a gang stealing tires and wheels from cars at the McGrath lot on Waukegan Road.

An attentive bouncer gets the credit for nabbing an 18-year-old girl who attempted to enter Glenview House with an ID stolen from a purse at the bar two weeks earlier, and a Harms Road resident returned home to find an intoxicated man passed out on her living room floor. The suspect is charged with damage to her kitchen counter and stealing a pair of prescription sunglasses.

Property crimes are costing big bucks at The Glen: One contractor reported a $3,000 loss after vandals threw three large fans off the roof of the new Attea Middle School. Another said $15,000 worth of survey equipment vanished from a trailer parked at Hangar One, and a third reported $500 in damage to a front-end loader nearby.

SAVE THE DATE

Get ready for ice cream. On Sunday, September 8, the Glenview Area Historical Society hosts its annual Ice Cream Social from 2-5 p.m. at 1121 Waukegan Road. A Dixieland band will play, and antique cars will be on display. Visitors can also tour the 1864 farmhouse museum to learn more about local history. For more information, call 724-2235.

The Rotary Club of Glenview – Sunrise plans a candle light memorial on September 11. Residents are invited to the Great Lawn of Gallery Park at 7 p.m. for meditation, music and discussion. They will also be invited to share their thoughts and memories on special banners to be displayed publicly after the event. For details, call Chris Warren at 724-8010.

READERS WRITE

Don attended last weekend's Greek festival and wonders: "Who do you have to know to park after hours at Wagner Farm -- especially during the festival at St. Peter and Paul’s church across the street? How many Wagner Farm staff members were working on Saturday night? I noticed cars pulling into the parking area at Wagner Farm and someone would open the gate and let them in. I watched this happening for some time and walked over and read a sign on the gate: ‘Parking for Staff only.’ I was very curious as to who these people were. I was also quite upset that most of us had to park and be shuttled to the festival while these people had such a convenient spot with someone to open the gate and watch their cars. I decided to take down the license numbers and attempt to find out who these cars belonged to, but someone came over and asked what I was doing, then advised me to leave because I was trespassing."

The Watch replies: Glenview’s Director of Leisure Services Bob Quill says folks allowed to park at the farm were church members staffing the festival.  Quill said the privilege was extended as part of a long-standing cooperative arrangement between the park district and St. Peter and Paul’s. The park district, which is financially strapped, received no compensation for the use of Wagner Farm, although long-time residents say Pete Wagner used to get up to $25 per car when he allowed the public to park there during festival weekends.

PM writes to correct our spelling and to challenge advice from Glenview’s planning consultant Larry Witzling. Referring to the new Chinese restaurant at Heatherfield he says: "It's ‘Pick Up Stix.’ As to Waukegan Road, I think Mr. Witzling needs to take another look at the traffic. He's just plain wrong if he thinks traffic congestion can be solved with landscaped medians. There is enough space alongside Waukegan Road to add at least one center lane for turns at Lake and Willow. The village or IDOT might have to buy land, but that seems the least painful way of improving the road and traffic flow. If something isn't done soon, Glenview will have a nightmare in attempting to cope with north-south traffic. Waukegan is the only continuous roadway from Northbrook to Morton Grove, and until Lehigh reopens, the only roadway from Willow to Golf."

BH rejects the consultant’s call for three-story buildings on Glenview Road and possible plans to tear down the 1800 block: "What part of public opinion did they not understand? There were several meetings devoted to downtown redevelopment where people said they liked the small town look and did not want to lose shops now in the 1800 block. All that block needs is a coffee shop at the old Renneckar’s location, and there’s plenty of parking for that.

"The same goes for the Patio Shops and the Colonial Court building where the consultant proposes we put a new library. That would mean getting rid of more businesses downtown while providing little additional space. How about building two stories over the library parking lot and adding another floor to the current building? Anything can be done if we want to do it. Maybe the library board should want a little harder.

"I also feel bad for the Steak N Shake people. They were insulted by the Plan Commission, redrew their plans trying to please our boards, and then got shot down by the trustees because our arrogant trustees didn’t want a drive through. Big deal! How many cars do you see at a Steak N Shake drive through. It’s not like McDonald’s or Burger King. Do we want business in Glenview or not? The people at Kraft, due to expand, say there’s a dearth of sit-down lunch places as it is. My advice to Steak N Shake: Apply to the Divine Word for a spot at the proposed mall in Northfield. Then that community can collect the sales tax. Finally, let’s have three or four-story condos on Chestnut. We need more of those! That way we can completely block off any view of the lake from passers by. I’m really getting tired of this town!"

Glenview resident and award winning science teacher Rob Blomquist writes about West Nile: "Since 1999, there have been fewer than 40 deaths caused by West Nile Virus. In comparison, 20,000 people on average die every year from influenza, commonly know as the flu. Even chicken pox kills more people over a four-year period than West Nile, and the chances of you becoming severely ill from any one mosquito bite are extremely small. Less than 1 percent of people infected develop severe illness.

"Insect repellent containing DEET is one of the best recommendations for prevention. Adults should use repellants that are 20 percent to 30 percent DEET. Children should use repellents with less than 10 percent, and kids under two years of age should only have one application per day. When applying repellents to kids, put the repellent on your hands first and then rub it on the child's skin. Avoid putting repellent on children's hands because they often put their hands in their mouths. Over the long history of DEET use, very few confirmed incidents of toxic reactions have occurred when used as the label directs, and there’s no evidence of harm for pregnant women or women who are breast feeding.

"Increased spraying may be counter productive. Mosquitoes can develop resistance to pesticides over a relatively short amount of time, and many insecticides also wipe out beneficial insects needed to pollinate flowers, fruit trees and vegetables.

"I highly recommend that anyone concerned about West Nile Virus research the Centers for Disease Control’s homepage and read all the facts carefully before giving into the massive hype that this new disease has created in its short time here in the U.S. I think we all need to keep perspective here. Heart disease is the nation’s biggest killer. Perhaps Glenview should send out information on the importance of watching cholesterol and limiting the amount of fat we consume."

And despite public health warnings of West Nile, CM prefers not to see mass spraying in Glenview: "This has been a peaceful summer, no rushing sounds of poison wafting through the evening air. The subject is complicated, fraught with money and politics. Following the North Shore Mosquito Abatement for years, the bottom line is poison sprayed on our driveways, in our shrubs, and if you are unlucky enough to be outside, right on your person."

Bob L responds to our story about an addition to Winkelman School: "What's done is done, but let's tell it like it is. District 31 could have had a new school if the influential people in the area would have been more positive. There is no question that the district needed a new, state-of-the-art, school. The new addition to the elementary school did not address the ‘sardine can’ middle school problem. Some of the people who live in the district – people affiliated with Glenview's ruling party, with close ties to several members of the District 31 School Board and with children were finishing their education in the district – fought vigorously against the project. They were as manipulative with the school system as they were with the election. In any event, speaking as a parent whose kids no longer attend the district, I'm sure the present parents will make it work for their children."

YOUR TURN: Write to glenviewwatch@aol.com or 3537 Maple Leaf Drive, Glenview, IL 60025. If you haven’t already done so, please consider making a contribution to support The Watch. Non-deductible checks should be payable to Glenview Watch. Thanks for your support and for reading. Dean Schott and Sandy Hausman, Co-Editors.


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