Minutes - 05/14/1974 - Board of TrusteesVILLAGE OF OAK BROOK
MINUTES OF
May 14, 1974
I MEETING CALL
A. Roll Call
The regular meeting was called to order at 8:00 P.M. by
President Howell. All trustees were present.
II READING OF MINUTES
Trustee Rush moved - seconded by Trustee Hayes...
That the reading of the minutes of the regular meeting of
April 23, 1974 be suspended and that they be accepted as
submitted.
Voice vote - all in favor. So ordered.
III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC.
A. Ordinance Amending G -11 Building Code & Permit.Fee Schedule
President Howell deferred this to the next regular board meeting
of May 28, 1974.
B. Resolution 153 - Application for Permit - Ill. State Toll Highway
Manager Carmignani read in its entirety, a proposed resolution
relative to an application to the Illinois State Toll Highway
A hority for permit to install a sixteen inch water main on
Tot - y property under and across the main line of the East /West
Tollway Meyers Road.
Trustee Hayes moved - seconded by Trustee Congreve...
That the Resolution 153 for crossing the Illinois State
Toll Highway with a sixteen inch water main as presented
be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
IV FINANCIAL
A. Treasurer's Report
All trustees were furnished with a copy of the Treasurer's
Cash and Investment Report for the month of April reflecting
the following:
Corporate Fund
NIFT Fund
Revenue Sharing Fund
Water Fund
Revenue
$178,722.77
7,266.91
8,981.00
62,576.71
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$3,067,777.24
185,616.41
82,940.01
421,549.91
Trustee Baschen moved - seconded by Trustee Rush...
That the Treasurer's Cash and Investment Report for the
month of April as submitted be approved.
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IV F IN_�NC IAL (Contil&d) 46
B. Approval of Bills
All tr'u'stceS. Yvc—L f"LIL -L )'II vT1.th Accvuiits Payable, datc".d
May 6, 1974, to be approved for the month of April, in the
total amount of $372,886.92 for payment from the following
funds:
Corporate Fund $281,328.98
Water System Fund $ 91,557.94
Trustee Baschen moved - seconded by Trustee Rush...
That the Accounts Payable as submitted for the month of
April in the amount of $372,886.92 be approved for payment.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
Trustee Baschen moved - seconded by Trustee Brown...
That the payroll as submitted for the month of April in
the amount of $85,972.49 be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
C. Investments
The following investments were recommended for the month of
April, 1974.
1) the purchase of two federally secured certificates of
deposit, one for $160,000 and the other for $150,000,
drawn on the corporate account, to mature May 28, 1974
in the Oak Brook Bank at the rate of 10.25 %.
Trustee Baschen moved
That the investments
be approved.
Roll Call Vote: Ayes
Nayes
The following investme
of April, 1974.
- seconded by Trustee Brown...
for the month of April as presented
- Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
- None So ordered.
nt was further recommended for the month
2) the purchase of one, federally secured certificate of
deposit for $130,000, drawn on the motor fuel tax account,
to mature June 5, 1974 in the Oak Brook Bank at the rate
of 10.25%.
Trustee Baschen moved - seconded by Trustee Brown...
That the additional investment for the month of April, 1974
as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Naye's - None So ordered.
The following investment was further recommended for the month
of April, 1974.
3) the purchase of two federally secured certificates of
deposit, one for $150,000 and the other for $125,000,
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IV FINANCIAL (Contlrtaed) i Page 3
C. Investments (Continued)
Trustee Baschen moved - seconded by Trustee Brown...
That the investment for the month of April, 1974 as presented
be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
The following investment was further recommended for the month
of April, 1974.
4) the purchase of three federally secured certificates of
deposit, one for $125,000, the second for $150,000, and
the third for $140,000, drawn on the corporate account,
to mature June 12, 1974 in the Oak Brook Bank at the rate
of 11 %.
Trustee Baschen moved - seconded by Trustee Brown...
That the additional investments for the month of April, 1974
as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
V REPORT OF OFFICERS
Due to the length of the Agenda, President Howell deferred the
Report of Officers to the next regular board meeting of May 28,
1974.
VI OLD BUSINESS
A. Payout #10 - Klein Construction Co. - Public Works Building
Each trustee was provided with a copy of a memo dated April
26, 1974 from Trustee Baschen, Chairman of the Finance,
Corporate Planning and Public Properties Committee, and a
letter dated April 23, 1974 from Holabird & Root, Architects
along with Certificate #10 in the amount of $56,111.00 as
part payment to Klein Construction Co. in connection with their
contract for the subject property. Also attached were copies
of required contractor's waivers of lien. It was the recom-
mendation of the Committee that payment of Certificate #10 be
made.
Trustee Baschen noted that the building should be ready for
occupancy approximately the third week of June.
Trustee Baschen moved - seconded by Trustee Brown...
That Payout #10 in the amount of $56,111.00 to Klein
Construction Co. as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
B. Illinois State Toll Highway Authority - Traffic Analysis Program.
Each trustee was provided with a copy of a letter dated April
30, 1974 from C. A. Benowicz, Chief Engineer of the Illinois
State Toll Highway Authority, and a copy of a memo from Trustee
Swain, Chairman of the Traffic and Transportation Committee
relative to the traffic analysis program. As per the Board
meeting of May 9, 1974, Mr. JnTnac Rams was d1irectvA to el i �i f
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ment in this particular analysis before.the Village proceeded
with the proposal dated vlarch 5, 1974 of TIVIr. Benes. to determine
the effect better utilization of the Tollway system woi_ild ha?re
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VI OLD BUSINESS (Continued)
Page 4
B. Illinois State Toll Highway Authority - Traffic Analysis Program
(Continued) - -�
on traffic within the Village.
Trustee Swain moved - seconded by Trustee Hayes...
That James J. Benes and Associates, Inc. be retained to
conduct a Traffic Analysis Program as outlined in their
letter of March 5, 1974 at a maximum expenditure of $15,000.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
C. Oak Brook Road (31st Street) - Route 83 to Midwest Road
Each trustee was provided with copies of memos dated May 9,
1974 and May 10, 1974 from Manager Carmignani relative to his
presentation to the DuPage County Board of Supervisors, that
the County defer action on the widening of Oak Brook Road from
Route 83 to Midwest Road. The County Board had agreed to table
the matter for a period of 60 days to give the Village an
opportunity to review the alternatives, and later the County
rescinded their action and directed the execution of the
contract for the widening.
Airs. Valerie Stevenson, representing the Brook Forest Community
Association, submitted copies of minutes of the meeting of
approximately 130 residents and representatives of the various
Homeowners Associations and the Oak Brook Civic Association,
at which it was agreed to oppose this widening.
Mr. James Regas informed the Board that a complaint for
injunctive relief was filed on May 14, 1974 for a temporary
restraining order to be issued for a 10 day period, so that
within that time a formal hearing can be set.
President Howell requested the Trustees to voice their opinion
as to what action should be taken.
Trustee Congreve - Legal action taken by citizens is proper
action and did not feel the Village should partake in any
action at this time.
Trustee Brown - The Village should support the citizens and
take action to assume responsibility of these roads, and any
widening would not be in keeping with residential character
where wide roads increase density.
Trustee Swain - The traffic information available to date
would sustain the County action and there is no tangible evidence
to develop an alternative to the four lane road.
Trustee Baschen - Questioned whether the Village would have time
to join the citizens suit. Mr. Regas said there would be time
and indicated this would direct the judges' attention to the
plaintiffs position and felt it is an obligation of the Village
to protect the residents from invasion and assault by the County.
President Howell - Indicated that the Village has exhausted
means for delaying the county action. The Village has tried
to prevent problems short of engaging in litigation. However,
now the only choice seems to be for legal action to give
the Village time for planning.
Trustee Brown moved - seconded by Trustee Baschen...
That in view of all the facts and that there is no other
alternative at this time, that the Village of Oak Brook
intervene in the suit filed by the Brook Forest Community
Association and the Ginger Creek Community Association and
the various individual residents inC1ica4L-ed on the tUi�iNia��:
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V1 OLD BUSINESS (Continued)
C. Oak Brook Road 31st Street) - Route 83 to Midwest Road (Contd.)
Roll Call Vote: Ayes - Trustees Baschen, Brown, Rush and
President Howell
Nayes - Trustees Congreve, Hayes, Swain.
So ordered.
D. Oak Brook Bank - Side Yard Variation
Each trustee was provided with a copy of the minutes of the
Zoning Board of Appeals meeting of May 7, 1974, relative to
the request of the Oak Brook Bank for a variation to permit
the construction of an additional drive -in banking lane and
that the requirement of the Special Use permit for a 5 foot
side yard be reduced to 2 feet for a vehicle holding lane.
Trustee Rush moved - seconded by Trustee Hayes...
That the request for an additional lane be denied, and that
the Special Use permit for the Oak Brook Drive -In Bank be
amended to permit an additional drive -in window and that
the Village Attorney prepare the required ordinance.
Roll Call Vote: Ayes - Trustees Brown, Hayes, Rush, Swain and
President Howell.
Nayes - Trustees Baschen and Congreve.
So ordered.
E. Bernard Leininger - Side Yard Variation
Each trustee was provided with a copy of the minutes of the
Zoning Board of Appeals meeting of May 7, 1974, relative to
the request by Dr. Bernard Leininger for a variation to permit
an encroachment into the side yard by six feet to allow for
the construction of a tennis court with a ten foot chain link
fence surrounding the perimeter. Further, the variation would
permit for the tennis court to cover more than 300 of the
rear yard.
The Zoning Board of Appeals recommended granting the variation
as requested.
Trustee Baschen moved - seconded by Trustee Congreve...
That the variation requested by Dr. Bernard Leininger,
19 Kimberley Circle, to permit the construction of a tennis
court in the rear and side yards as presented be approved,
and that the Village Attorney prepare the required ordinance.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Hayes, Congreve
and President Howell.
Nayes - Trustees Rush and Swain.
So ordered.
F. Gene Baroni - Side Yard Variation
Each trustee was provided with a copy of the minutes of the
Zoning Board of Appeals meeting of May 7, 1974 relative to
request from Mr. Gene Baroni for a variation to permit
encroachment into the required 18 foot side yard by 11 feet to
allow for the construction of a garage.
The Zoning Board of Appeals recommended granting the variation
as requested.
Trustee Brown moved - seconded by Trustee Baschen...
That the variation requested by Mr. Gene Baroni, 12 Luthin
Road, to permit the construction of a garage in the Side yard
as presented he approved, and r,-hat the Village Attorney
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VI OLD BUSINESS (Continued)
F. Gene Baroni - Side Yard Variation (Continued)
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes
and President Howell.
Nayes - Trustees Rush and Swain.
So ordered.
G. Artkraft Inc. - Sign Variation
Each trustee was provided with a copy of the minutes of the
Zoning Board of Appeals meeting of May 7, 1974 relative to
the request from Artkraft, Inc. for a variation to permit the
erection of a sign on the North facade of the Arcade building
located at 1225 -22nd Street to read "Red Coach Restaurant."
The sign reading "Red Coach" would be removed from the South
facade of said building. The Zoning Board of Appeals recommended
granting this variation to allow for an additional 63 square feet
of sign.
President Howell referred this back to the Zoning Board of Appeals
for the "findings of fact" to be presented to them before Board
action is taken.
H. International Assn. of Lions Clubs - Sign variation
Each trustee was provided with a copy of the minutes of the
Zoning Board of Appeals meeting of May 7, 1974 relative to a
request by the International Association of Lions Club, to
permit the erection of an additional ground sign on their
property at 400 -22nd Street, to exceed the ground sign limi-
tations by 11 feet. The Zoning Board of Appeals recommended
granting the variation because of unique circumstances and
that it is in keeping with the character of the locality.
Trustee Rush moved - seconded by Trustee Hayes...
That the variation requested by the International Associationof
Lions Club, 400 -22nd Street, to permit an additional ground
sign in the front yard as presented be approved, and that
the Village Attorney prepare the required ordinance.
Roll Call Vote: Ayes - Trustees Hayes and Rush.
Nayes Trustees Baschen, Brown, Congreve,
Swain and President Howell.
Motion not carried.
VII NEJIT
I BUSINESS
A. Temporary Liquor License - Western Open Golf Tournament
Each trustee was provided with a copy of application for
temporary liquor license from the Western Golf Association/
Western Open. The request is for the period of time from
Monday,June 24, 1974 through Sunday, June 30, 1974. In the
event of rain, they will continue the tournament/ until July
2nd, 1974 at the latest.
Trustee Hayes moved - seconded by Trustee Baschen...
That a- temporary liquor license be issued to the Western
Golf Association /Western Open for the period requested,
subject to receipt of the required Certificate of Insurance.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None So ordered.
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VII NEI%, BUSINESS (Continued)
B. Big BrothersCircus
Each trustee was provided with a copy of a memo dated April
29, 1974 from Manager Carmignani relative to the request from
the Big Brothers of Metropolitan Chicago to hold a circus
from August 16 through August 18, 1974 at the southwest corner
of Kensington Drive and Jorie Blvd. All factors of operational
requirements were reviewed with the staff, and the authorized
agent of the circus indicated they would be willing to reim-
burse the Village of Oak Brook for the actual cost incurred
for fire and police protection as may be necessary.
Trustee Rush moved - seconded by Trustee Swain...
That permission for the circus be granted to the Big Brothers
of Metropolitan Chicago for the period of time, August 16-18,
1974, subject to:
a. the payment of the actual costs incurred by the
Village of -Oak Brook for all necessary services.
b. the payment of all necessary permit fees to our
Inspection Bureau.
C. the meeting of all ordinances and specifications for
the conducting of said circus.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush and Swain.
Nayes - None
Abstain- President Howell.
So ordered.
C. Resident Inspector
Each trustee was provided with a copy of a memo dated May 9,
1974 from Trustee Baschen, Chairman of the Finance, Corporate
Planning and Public Properties Committee, and a copy of an
agreement for a resident inspector for the construction of the
Village Commons. The Committee recommended that the Village
execute the Agreement with Mr. Roscoe Gortner, and that Mr.
Gortner represent the village as the resident inspector for
the construction of the village hall and as an independent
contractor under the terms of the agreement.
Trustee Baschen moved - seconded by Trustee Congreve...
That the Village execute the Agreement with Mr. Roscoe
Gortner as presented at a cost of approximately $12,000.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None
So ordered.
D. Lake Michigan Water
Each trustee was provided with a copy of a memo dated May 7,
1974 from Trustee Hayes, Chairman of the Public Works &
Utilities Committee, relative to the request of the north -area
communities and the communities on the "Q" for a proposed
Lake Michigan water study. After reviewing the information
submitted by Manager Carmignani the Committee made the following
recommendations:
1. that the Village of Oak Brook be committed to the
investigation of Lake Michigan water for eastern DuPage
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5/4/74
Page 8
VII NEW BUSINESS (Continued)
D. Lake Michigan Water (Continued)
2. that a recommendation be made from the Village of Oak
Brook that the two groups be brought together in an
attempt to provide for a unified position for eastern
DuPage County in dealing with the City of Chicago so
that a single analysis can be made and presented to
the City of Chicago as it relates to water demands for
the 16 communities represented in the two proposals.
3. that with the increase in demands based on the 16
communities, a unified position would increase the
feasibility both from an economical and practical
standpoint, and would affect the timing and the
response from the City of Chicago for this service in
DuPage County. Manager Carmignani was encouraged to
to work through the DuPage County Mayors & Managers
Conference in an attempt to bring the two groups
together.
Trustee Hayes moved - seconded by Trustee Congreve...
That the recommendation of the Public Works and Utilities
Committee as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell:
Nayes - None
So ordered.
E. Briarwood Gate
President Howell removed this item from the agenda at the
written request of Henry Barton, a reprsentative of the
Briarwood Lakes Homeowners Association.
F. Construction Standards
Each trustee was provided with a copy of a memo dated May 6,
1974 from Trustee Hayes, Chairman of the Public Works F
Utilities Committee, relative to the recommendation made by
Engineer Littleton for construction standards for new pave-
ment and repair of existing pavement should conform to the
requirements as outlined in the Design Manual published by
the Illinois Department of Transportation. The Committee
suggested a revision in Section 4 (b) -1 and Section S removing
residential drives from the definition of applications.
In addition, the Committee recommended a revision to Section 7
adding the word "Public" before "Sidewalk" so that no confusion
would arise relative to the application of that standard.
Trustee Hayes moved - seconded by Trustee Congreve...
That the recommendation of the Public Works & Utilities
Committee as presented be approved and that the Village
Attorney be directed to amend Ordinance S -277 adding
Article IV, as amended, to establish the standard for
street designs.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None
So ordered.
G. Mosquito Abatement
Each trustee was provided with a copy of a memo dated May 7,
1974 from Trustee Hayes, Chairman of the Public Works & Utilities
Committee relative to the proposal presented by Clark Outdoor
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ZTT I NIELV ROTC TIiIECS (won is hued)
G. Mosquito Abatement (Continued)
President Howell requested the -staff to review this program
for possible hazards to wildlife and environment and its
effect on allergies, prior to the next regular board meeting
of May 28, 1974.
H. Street LiQhtinQ Standards
Each trustee was provided with a copy of a memo dated May 7,
1974 from Trustee Hayes, Chairman of the Public Works F Utilities
Committee, relative to the various street lighting standards
for Jorie Blvd. It was the Committee's recommendation that
the Village adopt rectangular fixtures 20 inches square to be
mounted on square bronze anodized aluminum poles or possibly
Corten steel poles, and that either 1,000 watt mercury vapor
or 400 watt sodium vapor lamps be utilized.
Trustee Hayes moved - seconded by Trustee Congreve...
That the recommendation of the Public Works & Utilities
Committee for street lighting standards for installation
along Jorie Blvd. as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes -None
So ordered.
The Committee also reviewed the street lighting of the York
Road Bridge and recommended proceeding with the additional
installation of lights on said bridge in conformance with the
fixture which has been utilized to complete lighting of the
bridge at Graue Mill.
Trustee Hayes moved - seconded by Trustee Congreve...
That the recommendation of the Public Works & Utilities
Committee for street lighting of the York Road bridge as
presented be approved.
Roll Call Vote:'Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None
So ordered.
I. Request for Well - Dominic Gienko
Each trustee was provided with a copy of a memo dated 'lay 7,
1974 from Engineer Littleton in regard to a request from
Dominic Gienko, 3 Hamilton Lane, to install a well to be
used for sprinkling purposes only.
Trustee Hayes moved - seconded by Trustee Congreve...
That the request for a well for lawn sprinkling purposes only
as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None
' So ordered.
S/14/i4
Page 10
VII NEW BUSINESS (Continued)
J. Request for Well - Mr. Napolztano
Each trustee was provided with a copy of a memo dated May 8,
1974 from Engineer Littleton in regard to the request from
Alfred Napolitano, 10 Kingston Drive, to construct a well for
sprinkling purposes only.
Trustee Hayes moved - seconded by Trustee Congreve...
That the request for a well to be used for sprinkling
purposes only as presented be approved.
Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Nayes - None
So ordered.
K. Request for Well - N. Batistich
Each trustee was provided with a copy of a memo dated May 7,
1974 from Engineer Littleton in regard to a request from
Nick Batistich for permission to install a well to serve a
proposed residence for Lot 1, Robin Hood Ranch Subdivision.
The property is not presently within reach of the Village
water distribution system, and Hinsdale Sanitary District
does not presently have water in their system toserve this
residence.,
President Howell referred this to Engineer Littleton for
confirmation.
L. John P. Candreya - Fence Variation
President Howell referred this to the next regular meeting
of the Zoning Board of Appeals on June 4, 1974.
M. Reappointment - Erwin Bahnsen - Library Commission
Each trustee was provided with a copy of a memo dated May 9,
1974 from Trustee Congreve, Chairman of the Organization,
Personnel & Salary Administration Committee recommending the
re- appointment of Erwin B. Bahnsen for another three year
period commencing May 25, 1974,
Trustee Congreve moved - seconded by Trustee Baschen...
That the recommendation of the Organization, Personnel &
Salary Administration Committee as presented be approved.
Voice vote - all in favor. So ordered.
N. Oak Brook Library Agreement
Each trustee was provided with a copy of a memo dated May 9,
1974 from Manager Carmignani relative to the Agreement with
the Oak Brook Library Association which indicated that the
Village would undertake the complete operation and funding of
the library for a period of at least three years, which terminated
on May 25, 1974.
Trustee Baschen. moved - seconded by Trustee Congreve...
That the Village extend the Agreement with the Oak Brook
Library Association for one year.
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Roll Call Vote: Ayes - Trustees Baschen, Brown, Congreve, Hayes,
Rush, Swain and President Howell.
Naves - None
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Xi I NE l'a BUSINESS (C -- Linued)
0. Appointment to Plan Com -mission
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19 4 from Trustee Congreve, Chairman of the Organization,
Personnel & Salary Ad iinistraticn Commit tee, recorr�m�ending
the appointment of Mr. Arthur W. Philip, 3412 S. Yor1: Road,
as a member of the Plan Commission for a three year period
commencing May 25, 1974, replacing p Ir. Robert R. Anderson
who has served `from December 10, 1968.
Trustee Congreve moved - seconded by Trustee Bro,Nn...
That the recommendation of the Organization, Personnel &
Salary Administration Committee as presented be approved.
._oice vote - all in favor. So ordered.
P. '.ppointment to Board of Fire & Police Commissioners.
Each trustee was provided with a copy of a memo dated May 10,
1974 from Trustee Congreve, Chairman of the Organization,
Personnel & Salary Administration Committee, recoTamerding the
appointment of Mr. games A. Regas, 46 Baybrook Lane, as a
Member of the Oak Brook Board of Fire & Police Commissioners
'for a period of three years commencing May 23, 1974, replacing
?sir. Robert Havey who .has served from May: 23, 1967.
Trustee Congreve moved - seconded by Trustee Brown...
That the recommendation of the Organization, Personnel &
Salary.Administration Committee as presented be approved.
Voice vote - all in favor. So ordered.
VIII ADdOJRN'�NIENT
President Howell ad;ourn4d this nee-1 J.ng at 10:45 P.M.
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Marianne Lakosil
Villaue C1Lrk
CP