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Minutes - 04/26/2005 - Board of TrusteesMINUTES OF THE APRIL 26, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 10, 2005. 1. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:34 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Robert Cronholm, Fire Chief; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director; Michael J. Meranda, Director of Public Works; Thomas Sheahan, Chief of Police; Harlan Spiroff, Assistant Village Attorney and Nelson Patras, Interim Bath & Tennis Club Manager. 4. PRESIDENT'S OPENING COMMENTS: President Quinlan stated that he had been requested to move Agenda Item 3. Adjourn to a Closed Meeting to the end of the meeting. It was a consensus of the Board of Trustees to concur with President Quinlan's request that Agenda Item 3. Adjourn to a Closed Meeting be placed at the end of the meeting. President Quinlan then requested that Agenda Item 11. A. 1), Confirmation of Appointments, 1) Reappointment — Board of Fire and Police Commissioners be addressed at this time. It was a consensus of the Board of Trustees to concur with President Quinlan's request that this agenda item be addressed at this time. 11. A. CONFIRMATION OF APPOINTMENTS 1) REAPPOINTMENT —BOARD OF FIRE AND POLICE COMMISSIONERS President Quinlan recommended the reappointment of John G. Baar to the Board of Fire and Police Commissioners. He has served on the Commission since July of 1996. His new three -year term will expire on May 2008. VILLAGE OF OAK BROOK Minutes Page 1 of 17 April 26, 2005 11. A. President Quinlan announced that John Baar has served for many years on the Board of Fire and Police Commissioners, as this is one of the most important positions in the Village excluding the Board of Trustees. The three individuals that serve on the Board of Fire and Police Commissioners are responsible for the hiring, promoting and discipline of the Village's firefighters and police officers. He then recognized Sue Sanford, former Chairman of the Fire and Police Commissioners in the audience. President Quinlan indicated that Mr. Baar has had the honor of promoting eighteen firefighters, five Lieutenants and five Battalion Chiefs. He announced that it was with great pleasure, honor and gratitude that he offered the Board of Trustees the appointment of Mr. Baar. Motion by Trustee Akitpis, seconded by Trustee Craig, to confirm the recommendation of President Quinlan to reappoint John G. Baar to the Board of Fire and Police Commissioners for a three -year term which will expire on May 2008, VOICE VOTE: Motion carried. Trustee Yusuf acknowledged that he has known Mr. Baar through the school system as a teacher, assistant principal and through the Oak Brook Civic Association where he was actively involved for many years who has contributed so much to this Village. He thanked Mr. Baar for his efforts. Village Clerk Gonnella then gave the official oath of office to Mr. John Baar for his reappointment to the Board of Fire and Police Commissioners. Mr. Baar thanked President Quinlan and the Board of Trustees for his reappointment and is grateful for the trust they have placed in him for this appointment. He stated that it has been an honor for him to serve the Village of Oak Brook for the past nine years and it will be a privilege to serve the next three years. He indicated that one of the most wonderful aspects of this position is meeting the exceptional men and women of the Village's Fire and Police Department as they are highly trained, dedicated in the service and protection of this Village. He also thanked the Assistant Village Manager, Jeffrey Moline, liaison to the Board of Fire and Police Commissioners for his many hours as an indispensable member of their team. Finally he thanked a mentor and friend, former Chairman Sue Sanford, who set a high standard for this commission and they will continue that standard. 4. A. TRUSTEE COMMENTS Trustee Aktipis gave a report relative to the plan or process for the redevelopment of the commercial sector of the Village both in terms of economic as well as commercial real estate redevelopment. He indicated that the three newly elected Trustees have met and begun to discuss the process along with the help of the rest of the Board as well as VILLAGE OF OAK BROOK Minutes Page 2 of 17 April 26, 2005 4. A. discussions with President Quinlan. Trustee Aktipis, Jeff Kennedy and Robert Sanford met with the officials of the Northeastern Illinois Planning Commission including their Executive Director Ron Thomas, their Planning Director and one senior economic development consultants. The meeting was intended as an informational exercise and it was extremely useful as to the variety of resources that may be available to the Village and could be used towards the goals they are setting. They expect that a follow -up meeting will occur with this group as they move forward. The Village Manager and staff will be very instrumental in putting together this process. The next step in their plan is a general discussion by the entire Board that may occur on May 23, 2005 in the form of a Committee -of -the -Whole meeting. He believes that the newly elected Trustees will be extremely qualified to pursue this project. Trustee Kennedy has previously expressed his interest in this project during his election campaign and he has been involved in terms of how to move forward with this proposal. Trustee Sanford also has had experience in the area of development since he has been serving as a member of the Village's Zoning Board of Appeals. Trustee Aktipis has a keen interest in the subject of redevelopment since the mid- 1990's when he served as Chairman of the Plan Commission. At that time the Village commissioned Lohan & Associates, an architectural planning firm, to create a plan for the future of Oak Brook. The plan went through a review by the Plan Commission and the Zoning Board of Appeals and some of the elements were eventually endorsed and forwarded to the Board of Trustees. Unfortunately the Lohan Plan, although bold and imaginative, was not practical in terms of execution. It made no real provisions of how an ambitious plan, such as they proposed, was to be financed and executed. Most importantly the plan came from the top down without involving the Village residents in the process of developing the plan and it is hoped that this is avoided this time. They propose starting the plan with various panels of residents that will give input to help formulate a program that consultants could help place it into action. Since Trustee Aktipis' election as a Village Trustee, he has discussed with the Village President and staff the need to revisit a redevelopment plan for this Village. Everyone has been receptive to the idea which he believes that the time of this idea has now come. Clearly the Village of Oak Brook needs to move forward with catching up with other communities that have bypassed the Village over time because the Village did not have a forward looking and bold plan. The Village needs to stay on the cutting edge to be very competitive. He indicated that the three new Trustees are very well informed as to the needs of this Village and they are interested in establishing a plan for the redevelopment of the Village. They are ready to move forward and he looks forward to working with them, the other Board members, the Village President and staff to bring this to fruition. 5. RESIDENTNISITOR COMMENT: Michael Forutan, President of Old Oak Brook Homeowner Association, on behalf of VILLAGE OF OAK BROOK Minutes Page 3 of 17 April 26, 2005 5. himself, his subdivision and friends throughout the Village expressed his gratitude to Trustees Caleel, Korin and Zannis for their time, energy, thoughts, management skills and efforts. He stated due to their efforts the Village will be better and he personally pleaded to all three of them to run for re- election but each of them were not able to do so due to other endeavors. Mario Vescovi also commended Trustees Caleel, Korin and Zannis for their dedication and tenacity in their accomplishments. They have inspired the Village residents to become more involved in the Village political system and processes. Then Samuel Girgis also thanked the three Trustees for their efforts during their tenure serving on the Board of Trustees. He commended them for a job well done for the long range growth of Oak Brook. 6. APPROVAL OF MINUTES: REGULAR BOARD OF TRUSTEES MEETING OF APRIL 12, 2005 Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes of the Regular Board of Trustees Meeting of April 12, 2005. 7. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Caleel requested that Agenda Item 7. C. Community Development Referrals, 1) Breakenridge Farm Extension — Preliminary Plat of Subdivision and Agenda Item 7. Q. Amendment to the 2005 Salary Plan and Salary Administration Policy be removed for further discussion. Trustee Korin requested that Agenda Item 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P. C. — Legal Services — March, 2005 - $23,703.15 be removed for further discussion. Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending April 22, 2005 - $738,021.26 Significant Items included in Above: 1) DuPage Water Commission - $152,276.09 2) Civiltech Engineering —Payout #5 — 31St Street Bike Path VILLAGE OF OAK BROOK Minutes Page 4 of 17 April 26, 2005 7. B. Approval of Payroll for Pay Period Ending April 9, 2005 - $593,694.71 D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Treasurer's Report — March, 2005 H. DuPage County Children's Center Agreement and Contribution I. York Road /Harger Road Bicycle/Pedestrian Path — Construction Engineering Amendment No. 1 J. An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois K. An Ordinance Amending the Zoning District Map Concerning the Oak Brook Promenade Property at 3001 -3003, 3121 Butterfield Road, Oak Brook, Illinois 60523 L. A Resolution Approving the Final Plat of Subdivision Known as NAI Hiffman Butterfield Road Subdivision and Granting Variations from the Provisions of Section 14 -6 -3 -J and K of Title 14 ( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to Monumentation and Granting of Public Utility Easements M. An Ordinance Amending Sections 13 -3 -8, 13 -7 -A -1 and 13- 7A -3(B) in Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Structure Height and Permitted Uses .................................................. ............................... N. An Ordinance Granting Variations from the Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirement, Sign Height, Interior Parking Lot Landscaping and Off - Street Parking Regulations O. An Ordinance Granting Special Uses to Oak Brook Promenade for Outdoor Dining Areas Adjacent to Up to Three Restaurants P. Revised Settlement Agreement in the Primeco Class Action Litigation 8. ITEMS REMOVED FROM CONSENT AGENDA: 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services — March, 2005 - $23,703.15 Trustee Korin stated she is agreeable to paying the bill with the exception of the last item, the Elmhurst Builders & Developers litigation, as the Village Board had previously passed a motion that Attorney Kubiesa would not bill the Village for time spent in this litigation considering how it was handled and subsequently what has been done to follow through with the litigation. Motion by Trustee Korin, seconded by Trustee Caleel, to approve 7. A. 3) Kubiesa, Spiroff, Gosselar & Acker, P. C. — Legal Services — March, 2005 - $23,703.15 bill with the exception of $5,994.40 for Elmhurst Builders & Developers. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. VILLAGE OF OAK BROOK Minutes Page 5 of 17 April 26, 2005 8. 7. A. 3) Absent: 0 - None. Motion carried. 7. C. Community Development Referrals, 1) Breakenridge Farm Extension — Preliminary Plat of Subdivision Trustee Caleel explained that he had a document signed by homeowners of the Breakenridge Farm Association who have a problem with the plan that is to be submitted in relationship to the egress only. He asked that the President of that subdivision addressed this issue. Terry O'Malley addressed the Board of their concerns. He stated that the Breakenridge Farm Association is one of the largest open spaces remaining in the Village which is mostly owned by the Institute of Basic Life Principles. They currently have filed with the Village to allow an extension of a lot from the existing unit on the southwest part of the property. The lane is only sixteen (16) feet wide as opposed to the entrance, which is approximately twenty -six (26) feet wide. The issue is that accidents have occurred there so that a gate was installed. He indicated that homes being built in that area on vacant lots are taking up all of the space in the narrow road. Members of that association are concerned that the lot will be extended into their association. The easements located there were dedicated by all of the landowners for their use. He distributed to the Trustees a letter from members of the association stating they were not supportive of the request and a summary from resident Iozzo who had safety issue concerns. They are not opposed to the development of the two acre lot zoning but recommend that a separate road should be installed into the area. President Quinlan suggested that this should be reviewed by the Plan Commission rather than the Village Board for their recommendation. Robert Barth, representing IBLP, explained that they wanted the Plan Commission and the Board of Trustees to know of their feelings of the safety issues. President Quinlan asked that this be addressed to the Plan Commission. Community Development Director Robert Kallien indicated that this would be part of the official files. Robert Barth explained that he wished to introduce their concept. In 1984 the Village Board approved what is known as Breakenridge Farm Unit #1 that consisted of six lots. Five lots were approximately 2 -2.5 acre range with the sixth lot consisted of 19 acres. All of those six lots including the 19 acres were approved. They are now proposing that 19 acres be divided into two lots. One lot would be 2 acres and the remaining 17 acres would be open space. He believes that all of their concerns could be addressed. President Quinlan noted that the concerns of the Breakenridge Farm residents are very important to the Board of Trustees in their decision. VILLAGE OF OAK BROOK Minutes Page 6 of 17 April 26, 2005 8. 7. C. Elaine Iozzo indicated that the property that was platted in 1984 was platted for Unit #1 and Unit #2. The Institute is now trying to come into a road that they do not have an easement developed for it. President Quinlan stated the request for the Board of Trustees was a request to refer the project to the Plan Commission. The public hearing process will be held. Motion by Trustee Caleel, seconded by Trustee Aktipis, to refer the Breakenridge Farm Extension — Preliminary Plat of Subdivision to the Plan Commission. VOICE VOTE: Motion carried. 7. Q. Amendment to the 2005 Salary Plan and Salary Administration Policy Trustee Caleel indicated that this has been brought before the Village Board three times and it is still in its original form. He recommended that this be moved to the closed meeting for further discussion. It was a consensus of the Village Board that this agenda item be discussed in the closed meeting. 9. BOARD & COMMISSION RECOMMENDATION:S A. BOHNE — 3305 YORK ROAD - VARIATIONS At its meeting on April 5, 2005, the Zoning Board of Appeals reviewed a petition from Mr. Berkshire J. Bohne, the owner of the property at 3305 York Road, seeking approval of a variation to Section 13 -3 -5 and 13- 613-3F.3 in order to construct a new home on the property. The existing home on the property was constructed in 1925 and is presently located 94.45 feet from the centerline of York Road. The extent of the relief being requested is approximately 6.45 feet along York Road (required front yard) and approximately 10 feet along the east property line (required rear yard). Recommendation: By a vote of 4 to 0, the Zoning Board of Appeals found that the petitioner met the required standards to recommend approval of the variation request subject to the following condition: 1. To reduce the front yard setback from 100 feet to approximately 94.45 feet and to reduce the rear yard setback from 60 feet to approximately 50 feet and to be constructed in substantial conformance with pages J, K and L of the case file. Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the recommendation of the Zoning Board of Appeals and approve the requested variations to Sections 13 -3 -5 and 13- 6B -3F.3 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the May 10, 2005 VILLAGE OF OAK BROOK Minutes Page 7 of 17 April 26, 2005 9. A. Board of Trustees meeting. VOICE VOTE: Motion carried. B. VILLAS OF OAK BROOK — PRELIMINARY PLAT OF SUBDIVISION At its meetings on March 21, 2005 and April 11, 2005, the Plan Commission completed its review and deliberation on the applications from Mr. Vito Falco, the owner of the 4.69 acres at 2901 Oak Brook Road and Mr. Frank Drukas, the owner of 3.54 acres at 3111, 3113 and 3115 Meyers Road seeking approval of an eight -lot preliminary plat of subdivision to be known as the Villas of Oak Brook. This request encompasses all of the land that was part of the Falco Reflections Circle Subdivision as well as the three existing parcels to the west. The subdivision will result in one lot which will contain the existing (Falco) home, 5 lots which will accommodate new single- family homes and 2 lots which will contain two private streets. The Falco portion of the development will receive access to 31s' Street off of Villa View Drive while the Drukas portion will receive access to Meyers Road off of Dana Point Court. In addition, the applicants are seeking approval of a variance to Section 14 -6 -3 of the Subdivision Regulations for the two private streets (Villa View Drive and Dana Point Court) without sidewalks. Recommendation: The Plan Commission, by a vote of 7 to 0, recommended approval of the preliminary plat of subdivision for the proposed Villas of Oak Brook Subdivision and variation to the Subdivision Regulations as requested based on the following conditions and findings: 1. The proposed eight -lot subdivision satisfies all requirements for a preliminary plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations. In recommending approval, the Plan Commission wishes it to be recognized that the subject property has substantial flood plain resulting in a significant portion of the site with dedicated basins as well as a number of retaining walls around detention/compensatory storage areas. There will be limitations on the ability of future homeowners of these lots to use and/or landscape these stormwater detention areas. These will be reviewed again as part of the final plat process. It is the goal of the applicant to have the maximum amount of landscaping in these areas that does not detract from the stormwater drainage capacity. 2. Recommend approval of the requested variation for private streets including the requirement for a 66 -foot right -of -way dedication. 3. That no trees be cut down or removed from the property until after approval of the final plat of subdivision. 4. Subject to all items and conditions contained in Village Engineer Durfey's VILLAGE OF OAK BROOK Minutes Page 8 of 17 April 26, 2005 memorandum (page 8a of the case file) dated March 15, 2005 paying particular attention to item 11. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the Plan Commission recommendation to approve a preliminary plat of subdivision and requested variations to the Subdivision Regulations for the Villas of Oak Brook Subdivision at 2901 Oak Brook Road and 3111, 3113 and 3115 Meyers Road and authorize the Village Attorney to prepare the necessary resolution for final consideration at the May 10, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. 10. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS - None presented. C. AWARD OF CONTRACTS 1) COMMUNICATIONS SITE LEASE AGREEMENT At its January 11, 2005, the Board of Trustees authorized the Village Manager to negotiate a lease agreement with Nextel Communications for the placement of a new tower and their antenna on the grounds of the municipal complex. Provided for in the Lease document is the provision to allow Nextel to build a new monopole antenna just north of where the existing lattice tower is located. Nextel's tower would be built to the same height as the village's existing tower which is approximately 92 feet. Nextel's equipment will be placed at a height of approximately 75 feet; with the Village's antennas being relocated above that. Nextel will bear the cost of tower construction, relocation of the village equipment and old tower demolition. The lease provides that Nextel shall have up to twelve (12) months to commence start of construction of its tower (we believe they will start as soon as they possibly can to eliminate "holes" in their coverage area). The Village will receive $5,000 after construction starts as an "administrative fee ". The Village will also receive monthly rent in the amount of $2,000 /month for the first twelve (12) months; rent will increase 3% for each subsequent year of the term. The initial term is five years and there are three (3) successive five (5) year renewals. At the conclusion of the lease the Village, at its sole option, may elect to retain the tower for its use. With the initial $5,000 administrative fee, the revenues are forecast to be $132,440 for the first five (5) years and $280,280 over ten (10) years; $451,676 over fifteen (15) years; and, $650,384 over the potential twenty (20) year term. VILLAGE OF OAK BROOK Minutes Page 9 of 17 April 26, 2005 10 11. C. 1) Upon approval, Nextel will work with the Village Staff to arrive at an acceptable site plan that will include the equipment room, fencing to surround the facility and landscape screening. It is understood by Nextel that the Village will not issue a building permit until these items are agreed upon. Motion by Trustee Caleel, seconded by Trustee Yusuf, to authorize the execution of a Communications Site Lease Agreement with Nextel West Corporation subject to final Village Attorney and staff review. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. NEW BUSINESS: B. ORDINANCES & RESOLUTIONS - None presented. C. AWARD OF CONTRACTS 1) REPLACEMENT VEHICLE — FREESTAR MINIVAN — SUBURBAN PURCHASING COOPERATIVE Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. Unit 315 is the tactical and undercover vehicle assigned to investigations. The following table indicates pricing received through a bid conducted by Suburban Purchasing Cooperative in 2004 and recently extended for an additional year to cover the 2006 model year. The deadline for ordering this vehicle has not been determined by Ford as of yet. 2006 Ford Freestar Minivan Replaces unit #315 — 1997 Dodge Caravan - unmarked 91,000 miles Currie Motors. (Suburban Purchasing Cooperative) Base Price $185450 Trailer Tow Package Class II $285 Service Manual $165 Spare Keys $24 Cargo Management System $110 Floor Console $130 VILLAGE OF OAK BROOK Minutes Page 10 of 17 April 26, 2005 11. C. 1 SE Appearance Package #65A $591 17" Wheels #64A $210 Liftgate Spoiler #67L $248 SE Premium Package #59M $849 Delivery Charge $0 Color Silver Interior Graphite Gray Total $21,062 Delivery is expected approximately 90 days after receipt of order. The vehicle being replaced will be sold through the September DuPage Mayors & Managers Conference vehicle auction (an ordinance to declare it surplus will be presented prior to the auction). Motion by Trustee Yusuf, seconded by Trustee Korin, that the Village Board waive further bidding since Suburban Purchasing Cooperative already conducted the bid process and issue a purchase order to Sutton Ford, Inc., 21315 Central Avenue, Matteson, Illinois 60443, for a 2006 Ford Freestar Minivan in the amount of $21,062. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE President Quinlan stated that this Agenda Item will be deferred until after the closed meeting. He announced that it is highly likely that final action will be taken after the closed session. D. AUTHORIZATION TO PURCHASE 1) OLD BUTLER SCHOOL — SIGN /FLAGPOLE LIGHTING In keeping with the Village's commitment to maintain and to accentuate the old Butler School building and grounds, staff is requesting that the Board authorize the issuance of a purchase order to Gibson Electric Co., Oak Brook, for labor and material to install underground conduit, wiring and lighting fixtures to illuminate the old Butler School `new' wooden sign as well as the nearby flagpole. Pursuant to procurement requirements, two other quotes were received for the lighting work; Lyons /Pinner Electric, $6,750 and Okeh Electric, $6,950. Motion by Trustee Zannis, seconded by Trustee Korin, to authorize issuance of a VILLAGE OF OAK BROOK Minutes Page 11 of 17 April 26, 2005 11. D. 1) purchase order to Gibson Electric Company in the amount of $6,200.00 for the installation of underground conduit, wiring and lighting fixtures for the old Butler School. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) LIVESCAN MAINTENANCE AGREEMENT On May 23, 2005 the Police Department's Livescan maintenance agreement will expire. The Livescan fingerprint machine is designed to digitally scan an individual's fingerprint into a computer file. The fingerprints are scanned when the officer rolls the subject's finger on a small glass plate, just as he would roll an inked finger onto a fingerprint card. Under the glass plate are sensors, which record the identification points of a fingerprint into a computer file. This file is then electronically transmitted to the Illinois State Police Bureau of Criminal Identification (B.C.I.) where the fingerprints are checked against the database to see if they match someone who has been previously arrested. This process usually takes less than an hour, compared to three to five hours when the fingerprints were faxed to these agencies and had to be manually plotted into the computer before they could be checked against their database. We have had this system since 2000. Annually there is a maintenance agreement which is signed for 24/7 services. It is imperative that the Police Department continue with the 24 hour, 7 day week support assistance because prisoners are fingerprinted 24 hours a day and staff usually needs support assistance at night and during the weekend. Motion by Trustee Yusuf, seconded by Trustee Korin, to approve the maintenance agreement and purchase order to Identix in the amount of $6,075.50. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. E. PLAT OF ABROGATION OF CONSERVATION EASEMENT AND FLOOD PLAIN EASEMENT — LOT 22 — OLD OAK BROOK SUBDIVISION — 3315 SPRING ROAD Mrs. Shehnaz Sait, the owner of the property, hired Siebert Engineers, Inc., to prepare a Plat of Abrogation to redefine the existing Salt Creek Flood Plain Easement on this lot as well as redefine the limits of an existing Conservation Easement that the Forest Preserve District of DuPage County has on this lot. The Village of Oak Brook is involved only as it pertains to the Flood Plain Easement. VILLAGE OF OAK BROOK Minutes Page 12 of 17 April 26, 2005 11. E. The original Flood Plain Easement was shown on the Plat of Subdivision of the Old Oak Brook Subdivision based upon the then high water level and existing topography. Recently, the high water level of this section of Salt Creek has been lowered as the result of DuPage County's effort to remap the County's Flood Plain Maps. Due to the lowering of the flood plain elevation (about 1.2 feet), Mrs. Sait has chosen to redefine the Flood Plain Easement to be in line with the current high water level and topography. The lowering resulted in more buildable area. Staff has been working with Mrs. Sait and her engineer /surveyor with the culmination being the Plat of Abrogation. After the Village approves the Plat of Abrogation, it will be forwarded to the Forest Preserve District for action. Trustee Caleel stated he was not aware that this lot was located in Old Oak Brook. Community Development Director Kallien explained that it is not in the homeowners association but it was located on the original subdivision plat. The President, Michael Forutan, of the homeowners association indicated that they were not aware of this project and that the Association be able to review this and what affect it would have on their subdivision. Village Engineer Durfey explained that it is technically Lot 22 of the Old Oak Brook Subdivision. Apparently it is not part of the homeowners association but it is part of the subdivision as recorded in the legal description. When the subdivision was subdivided, there was a high water elevation along Salt Creek in various locations. With the subdivision engineering, that high water level was transferred to the topography as constructed and the subdivision plat included an easement within that high water mark for the flood plain. With the remapping of Salt Creek by DuPage County, the high water level of Salt Creek at this location has been lowered about 1.2 feet. This is attempting to realign the flood plain easement to be correct with the new lower elevation. So the floodplain easement is decreased while the buildable area is increased as it has no affect whatsoever on the subdivision itself. Trustee Korin indicated that the home is already being built. Engineer Durfey indicated that the engineering site plan that was approved matched the rules at that time and the home is within the existing floodplain easement. This would give them more back yard if they wish to build a deck. Motion by Trustee Zannis, seconded by Trustee Yusuf, that the Village Board approve the Plat of Abrogation of Conservation Easement and Flood Plain Easement prepared by Siebert Engineers, Inc., with a last revised date of April 9, 2005. ROLL CALL VOTE: Ayes: 1 - Trustee Yusuf. Nays: 3 - Trustees Aktipis, Korin and Zannis. Pass: 2 - Trustees Caleel and Craig. Absent: 0 - None. Motion failed. VILLAGE OF OAK BROOK Minutes Page 13 of 17 April 26, 2005 11. E. President Quinlan suggested that this agenda item be placed on the next Village Board meeting agenda for reconsideration. President Quinlan remarked before he requested adjourning to a closed meeting, that he had stated at the beginning of the meeting that it was a special evening. He offered that every resident owes Trustees Caleel, Korin and Zannis a tremendous debt of gratitude for the service they have provided, the time they have given and commended them for their efforts on behalf of the Village. He then asked each Trustee to comment. Trustee Caleel first discussed the irrigation system as he wanted it to be brought to a conclusion at the Board meeting. He stated that Trustee Craig began discussion years ago requesting that the Hinsdale Sanitary District permit an allowance for residents in Oak Brook for the water used to sprinkle their lawns and pools. Village Manager Boehm has indicated that the Village has concluded an agreement with the Hinsdale Sanitary District whereby an average of water usage from October through April is multiplied by a factor of 1.5 to arrive at what the District will charge a resident for summer usage. However, a $20 annual fee is charged for the calculations that are required and a resident must re -apply each year. Trustee Caleel requested that Manager Boehm negotiate with the District in this respect. Applications will be available within the next couple of weeks and will be retroactive to May 1, 2005. Trustee Caleel spoke of how he has enjoyed the time as a Village Trustee as he has benefited from serving the Village and thanked the residents for the privilege of serving. Trustee Korin thanked the residents that have supported her and that she has learned more about the Village even though she raised in Oak Brook. She commented how she has met incredibly wonderful people and grew as a person in her role as Village Trustee. She also wished the new Trustees well in their future endeavors. Trustee Zannis remarked that one of her claims to fame will be that the best reality TV show is watching the Village Board meetings. She explained how many people recognized her from television and it was nice that she had support from people she did not really know. Her experience as a Village Trustee has greatly enhanced her knowledge of municipal finances and she reflected upon the best concept she developed for the Village of Oak Brook. It was her involvement in the Sports Core's restructuring of their finances, instilling new life into the facility with the implementation of Friday evenings as family night and improvement in the tennis and swim programs. Trustee Aktipis also joined in acknowledging the great work that the three Trustees have done for the Village. VILLAGE OF OAK BROOK Minutes Page 14 of 17 April 26, 2005 11. E. Trustee Yusuf also commented of his learning process he went through as a Village Trustee. He commended the three Trustees for their service, sincerity and commitment to the Village of Oak Brook. He thanked them for the opportunity of serving with them these past two years. Trustee Craig noted that the television ratings dramatically increased with the Village Board meetings being televised due to the issues addressed by the Board. He acknowledged that the Trustees have done their utmost best for the Village of Oak Brook and he thanked them for it. President Quinlan asked to address Agenda Item 3 at this time. 3. ADJOURN TO CLOSED MEETING for the purpose of collective negotiating matters between the public body and its employees or their representatives, to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body and to discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act. Motion by Trustee Zannis, seconded by Trustee Caleel, to adjourn at 8:37 p.m. to a closed meeting for the purpose of collective negotiating matters between the public body and its employees or their representatives, to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body and to discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. President Quinlan reconvened the regular meeting of the Board of Trustees at 9:27 p.m. He announced that Agenda Item 11. C. 2) be addressed at this time as the Board had come to a consensus on this item in the closed meeting. 11. C. 2) COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE The Collective Bargaining Agreement between the Village of Oak Brook and the Fraternal Order of Police expired on December 31, 2004. This agreement covers the sworn officers of the Oak Brook Police Department below the rank of Sergeant. The Village negotiating team began negotiations with the FOP in November of 2004. In February, 2005 Village staff along with special counsel, Jim Baird of the law firm Seyfarth Shaw Ltd. Presented the draft agreement to the VILLAGE OF OAK BROOK Minutes Page 15 of 17 April 26, 2005 11. C. 2) Village Board for review prior to presenting same to the union for consideration. A ratification vote is scheduled for the union membership on Monday, April 25, 2005. If approved, by the union membership and the Village Board, staff will release a Press Release outlining the terms of the agreement. Motion by Trustee Caleel, seconded by Trustee Korin, to approve an Agreement between the Village of Oak Brook and the Fraternal Order of Police for a Police Patrol Officer Collective Bargaining Unit Agreement to expire on December 31, 2008. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. President Quinlan then addressed Agenda Item 7. Q. Amendment to the 2005 Salary Plan and Salary Administration Policy which had been deferred to the closed meeting whereby the Board of Trustees had reached a consensus in this matter. 7. Q. Amendment to the 2005 Salary Plan and Salary Administration Policy Motion by Trustee Yusuf, seconded by Trustee, Korin to approve the amendment to the 2005 Salary Plan and Salary Administration Policy. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. President Quinlan, stated for the record, that the Village Board of Trustees has achieved an unanimous consensus in the closed meeting to raise for 2005 and bonus for performance in 2004 Board will follow this direction and place this ite Board meeting for their approval. 12. INFORMATION & UPDATES: approve the Village Manager's salary . He would expect that the incoming in on the agenda for the next Village A. VILLAGE PRESIDENT - No report was given. B. VILLAGE MANAGER - No report was given. C. VILLAGE CLERK - No report was given. 13. ADJOURNMENT: Motion by Trustee Zannis, seconded by Trustee Caleel, to adjourn the Regular Meeting of VILLAGE OF OAK BROOK Minutes Page 16 of 17 April 26, 2005 13. the Board of Trustees at 9:28 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 17 of 17 April 26, 2005