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Minutes - 07/27/2004 - Board of TrusteesIle MINUTES OF THE JULY 27, 2004 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON AUGUST 24, 2004 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 30 p.m The Pledge of Allegiance was given 2. ROLL CALL: Deputy Village Clerk Carol Harty called the roll with the following persons PRESENT President Kevin M Quinlan, Trustees Stelios Aktipis, George T Caleel, Susan Chase Korin, Asif Yusuf and Elaine Zanms. ABSENT Trustee John W. Craig IN ATTENDANCE. Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager, Robert L Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr, Village Engineer; Darrell J Langlois, Finance Director, Robert Cronholm, Fire Chief, Margaret Klinkow, Library Director and Michael J. Meranda, Public Works Director. 3 ADJOURN TO CLOSED MEETING 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 President Quinlan announced that the first item on the agenda is an adjournment to closed session and that it would be very brief session. The item addressed in closed session will allow the Board to proceed with the regular business of the Village as listed later on the agenda Also, there are residents in attendance of the pending litigation and he asked Village Attorney Kubiesa to address the issue. Village Attorney Kubiesa indicated that on July 26, 2004 Village President Quinlan and Village Clerk Gonnella filed a lawsuit with their attorneys Schirott & Luetkehans asking the Circuit Court in Wheaton to declare the rights of the parties with regard to the appointment of Temporary Police Chief Carpino. Judge Bonnie Wheaton in the Circuit Court today entered an order supporting Village President Quinlan's rights to temporarily appoint Police Chief Carpino, reinstating his salary that the Board of Trustees suspended and required that the Village Trustees take no further action to attempt to remove Chief Carpino until further order of the court He indicated there will be a further hearing probably at the end of August or beginning of September concerning this matter Trustee Aktipis stated his opposition to any adjournment to a closed meeting at this time as he indicated there is nothing as urgent as the residents in the Village Board Room He VILLAGE OF OAK BROOK Minutes Page 1 of 18 July 27, 2004 N 3 would like the residents to have a full opportunity to address some of the issues of great concern to the Trustees. Secondly, Trustee Aktipis stated he would not be eager to go to court regarding the issues In front of the Board as the Village does not want to be in the newspapers or in court. He stated President Quinlan's intent of taking the Trustees to court, was Quinlan's wish to maintain Mr. Carpino as Acting Police Chief and foil the effort of appointing a permanent Police Chief. He indicated President Quinlan's other intent was to limit the independent legal advice available to the Village Trustees. The Court's ruling today was without an opportunity for the Trustees to respond as the complaint was received by the Trustees after 5.00 p m yesterday. He stated that President Quinlan called this on an emergency basis and he inquired if it was to keep Mr Carpino as the Acting Chief. He stated the Court did not rule on the substance of the matter but simply maintained the status quo until further adjudication. The matter will be heard on August 26, 2004 and then all parties will have an opportunity to present their positions and arguments. Today's ruling was based only on the information presented by President Quinlan. The Court did not have the opportunity to hear facts from both sides therefore he would like to see this matter out of the courts, out of the press and adjudicated on the basis of what is the best approach Trustee Aktipis suggested that both the Police Chief and Deputy Chief were forced to retire by President Quinlan and that Mr. Carpino was appointed Acting Chief to bypass the confirmation process and President Quinlan would ease Mr Carpino into the permanent police chief position. He explained that the Trustees offered their four names of candidates that had been evaluated for the Police Chief position, with three names given to President Quinlan two weeks ago and he has chosen not to appoint anyone. He believes court action was taken to maintain Mr. Carpino as Acting Police Chief as long as possible. He believes that this discourages other candidates so that Mr. Carpino becomes Police Chief by default. It was the consensus of the Village Board of Trustees to not adjourn to a closed meeting President Quinlan commented that all the Board members have been elected and sought this position to do the best they could for this Village and requested that resident participation be respectful to one another. President Quinlan stated that as the Village President he had asked the Circuit Court to rule on a point of law for the record. He then announced the passing of former Village Trustee Walter Imrie who served many years with the Village on the Zoning Board of Appeals, Oak Brook Library Commission, Oak Brook Police & Fire Commission and DuPage County Solid Waste Committee. 4 RESIDENTNISITOR COMMENT, Dr Frances Gaik, representing the Oak Brook Homeowner Association Presidents, addressed the Board of their meeting of July 22, 2004 They discussed the current stalemate that exists in the Village of the current appointment of a new Police Chief. VILLAGE OF OAK BROOK Minutes Page 2 of 18 July 27, 2004 4 Two - thirds of the presidents who were in attendance agreed to support the position of the majority of the Village Trustees. She expressed their disapproval for the manner in which these matters have been addressed and concern that this and other situations involving Village government in the past year are reflecting poorly on Oak Brook as a premier residential and corporate community. She stated the Oak Brook Homeowner Association Presidents request that President Quinlan nominate one of the four candidates that the Board of Trustees have interviewed and recommended as acceptable for the position of Chief of Police with an offer to be made no later than Monday, August 2, 2004. She invited President Quinlan to meet with the Homeowner Association Presidents at 7 30 p.m. on Thursday, July 29, 2004 at the Oak Brook Park District. Resident Victor Ciardelli read into the record his response that he had delivered to the Village President and Trustees this morning. His wife and family have been residents of Oak Brook for the past thirty years and always proud of the Village, Village President and Board of Trustees until now. His wife and he voted for Kevin Quinlan as did many other Oak Brook residents because they knew he was bright, hard working and would have the best interest of Oak Brook at heart. They still feel that way although the Trustees have made a mockery out of the Village of Oak Brook It appears in the judgement of the Village Attorney that the Trustees namely Stelios Atkipis, George Caleel, John Craig, Susan Chase Korin and Elaine Zannis may have chosen not to follow the law and the advice of the Village Attorney but have gone out of their way to embarrass the Village President and what it appears to be a fine candidate for the Chief of Police namely John Carpino Unfortunately, there is one lone voice among the Trustees namely Asif Yusuf who has had the good sense to follow the law and the other Trustees should put their own egos behind them and work what is best for the Village of Oak Brook He commented there were other qualified people for the position of Chief of Police but did not take the fob because the Trustees, other than Mr Yusuf, may have considered this an embarrassing and unruly work environment because of the Trustees not following the law or common sense He stated to Trustee Aktipis, if anyone created a sensation here and media output that you may not appreciate, it is the Board of Trustees. He watched the tapes of the last two meetings and it is the Trustees that are not following the law. He also addressed Trustee Zannis that if there is something she knows relative to the Chief of Police who is the Acting Chief, that she should inform the public why she is fearful of her family Trustee Zannis explained that she did not make reference to the Chief of Police but rather she had been on the Village Board for three years and there have been many disagreements and she considers herself a hard worker and does her homework. She indicated this is the first time where there has been a disagreement at the Board that has caused her concern for the safety of her children, her home and her family She did not reference any individuals. Robert Sanford, President of the Brook Forest Homeowner Association, addressed the Board of his concern to resolve the issue He stated that it is by Statute that the President nominates and the Board advises and consents and that principle should be followed. VILLAGE OF OAK BROOK Minutes Page 3 of 18 July 27, 2004 A 4. Mr. William Parrillo noted that Trustee Zannis made a statement that she and her family live in fear and does that mean the entire Village should live in fear Mr. Parrillo asked if there something Trustee Zannis knows that the residents do not know, who should the residents fear and what is there to fear Mrs Diane Hennessy asked why Mr. Carpino was not one of the four candidates for Police Chief as she has known him personally. Trustee Korin stated that he was interviewed and four other candidates were deemed to have better qualifications. President Quinlan stated that not all of the Trustees had the opportunity to interview Mr Carpino due to scheduling as only two Trustees had the opportunity to interview him. Trustee Aktipis indicated that all Trustees had the opportunity to review the documentation that carne with approximately thirty candidates and based on their evaluation Mr. Carpino was not on the list of those who were to be interviewed. Actually as a result of Trustee Yusuf's recommendation, Mr Carpino was interviewed. Trustee Korin indicated the scheduling difficulty was due to Mr. Carpino's interview was done at 9 30 a in and most if not all of the Trustees work and most of the other interviews have taken place at night Robert Waite asked why President Quinlan is demanding that John Carpino be the Acting Police Chief. He stated that he has lived in Oak Brook since 1966 and has never had an occasion to be apologetic for living in Oak Brook. He commented that he did not understand President Quinlan's motives or his dedication to Mr. Carpino. He inquired if he is indebted to Mr. Carpino or if he is a friend He remarked that this has upset the whole Village over this while he could have allowed one of the existing officers to be the Acting Police Chief until the Village Board had time to interview candidates He further remarked it is an embarrassment to the Village and that President Quinlan's actions are suspicious due to rumors of corruption in the Police Department and President Quinlan ignoring the Board. He stated that this situation was brought on by President Quinlan and he requested that President Quinlan resign before more damage is done. President Quinlan responded that he acted with the full authority of his office to appoint a Temporary Police Chief in the interest of protecting the public safety It was his belief that the interview process would take longer than what was safe for the Village with the command staff being at the levels that it was, he took the action he believed necessary to ensure the safety of the public. Gautam Patel asked if the Board found something wrong with Mr. Carpino or that the Board of Trustees did not want him as a Police Chief Trustee Korin again reiterated that the Trustees found better experienced and talented candidates to fit the needs of our residents in Oak Brook He commented that 57 out of 59 police personnel signed support for Mr Carpino She responded that the Trustees were elected and given the responsibility to make the choice of which they believe would best serve the Village in this capacity and not the rank and file of the Police Department. VILLAGE OF OAK BROOK Minutes Page 4 of 18 July 27, 2004 me 4 Robyn Zahran, stated that he feels that the Village Attorney is wrong and owes an apology to the audience because it is not an issue of law but issue of facts that the Police Chief resigned and did not appear for work. The transcripts of the court are available and he asked that in this public forum to be truthful and factual. He asked what brought this problem about and how did the Village get to this situation. He stated if it is corruption then address it and that the Attorney General could investigate it. A person could file a lawsuit in the federal court as to what happened as the Village should not be embarrassed on a constant basis. He asked why the Board couldn't agree on something with the Police Department There is more undercurrent here than on the surface and until the undercurrent is addressed, it will not be solved If this is not addressed, he will file a suit for whistle blower with the federal court and ask the citizens to assist him with the filing He asked that the Village President, Board of Trustees and Attorney address the issues factually and move forward with Village business. William Lindeman inquired as to why the Autumn Festival Committee is soliciting donations for this event since it is a function for Village residents. He commented of McDonald's Corporation being on the agenda requesting concessions and that the Clubhouse Restaurant holds a Village liquor license He asked that the Board consider refunding the contributions and paying for the cost of the festival Trustee Caleel stated that the McDonald's Corporation donated $500,000 for the new Oak Brook Public Library and have done their own landscaping on Jorie Boulevard while Private Bank donated $2,500 and the Village accepted -the Library donations without any strings attached. The Village Board does not take into account any contributions made to the community when they are reviewing Zoning Board of Appeals or Plan Commission reports. Trustee Aktipis also commented that the Village Board adheres to reviewing every application based on the criteria that is set by the Village and they apply that criteria to every applicant equally. McDonald's will not receive a more favorable hearing than any other corporate resident or any resident of the Village. President Quinlan commented that the McDonald's Corporation has worked very hard with the Village's Community Development Department to meet the standards of the Village and have been known to be an excellent community partner. Hopefully they will continue to do so and the Village is proud to have them be here McDonald's Corporation has been a very responsible corporate resident of this Village and unbecoming of the Village to criticize them. President Quinlan announced that since the Village Board did not go into a closed session Agenda Item, 6. E, A Resolution Approving the Release of Closed Meeting Minutes — January, 2004 through June, 2004 is hereby removed from the agenda. President Quinlan also announced that the McDonald's Corporation asked to postpone VILLAGE OF OAK BROOK Minutes Page 5 of 18 July 27, 2004 4. their agenda items to the next Village Board meeting to allow the Board of Trustees time to review their documentation. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETINGS OF JULY 9, 2004 Motion by Trustee Yusuf, seconded by Trustee Korin, to approve the minutes of the July 9, 2004 Special Board of Trustees meeting. VOICE VOTE. Motion carried. B REGULAR BOARD OF TRUSTEES MEETING OF JULY 13, 2004 Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the minutes of the July 13, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried. C SPECIAL JOINT MEETING OF JULY 15 2004 OF THE VILLAGE OF OAK BROOK BOARD OF TRUSTEES THE OAK BROOK PARK DISTRICT BOARD OF COMMISSIONERS AND THE BOARD OF EDUCATION SCHOOL T1TgTR TC `.T 5' Motion by Trustee Korin, seconded by Trustee Zannis, to approve the minutes of the July 15, 2004 Special Joint Meeting of the Village of Oak Brook Board of Trustees, the Oak Brook Park District Board of Commissioners and the Board of Education School District 53 VOICE VOTE: Motion carried. President Quinlan noted that it was the first time in the history of the Village of Oak Brook that the three governing bodies were working together. D SPECIAL BOARD OF TRUSTEES MEETING OF JULY 16, 2004 Motion by Trustee Zannis, seconded by Trustee Yusuf, to approve the minutes of the July 16, 2004 Special Board of Trustees meeting. VOICE VOTE. Motion carried 6 CONSENT AGENDA President Quinlan had previously announced that Agenda Item 6. E. A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES — JANUARY 2004 THROUGH JUNE, 2004 was removed from the Consent Agenda and will not be addressed on the agenda as the Village Board did not go into a closed meeting to approve minutes for release to the public. Motion by Trustee Korin, seconded by Trustee Caleel, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. VILLAGE OF OAK BROOK Minutes Page 6 of 18 July 27, 2004 Ic 6 Nays- 0 - None. Absent: 1 - Trustee Craig. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING JULY 23 2004 - $529,343.19 Significant Items included in Above. 1) DuPage Water Commission - $224,054 94 2) Meccon Industries, Inc. — Payout #3 & Final — Reservoir A Pumping Equipment Replacement - $34,615.00 3) James D. Fiala Paving— Payout # 3 — 2004 Paving Project - $28,328 33 1 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 17 2004 - $682,959 04 C. COMMUNITY DEVELOPMENT REFERRALS - None. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: 1) RESIDENTIAL MUNICIPAL WASTE SERVICES COLLECTION (REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES) ` 2) 2004 WATER MAIN AND DRAINAGE PROJECT F. CENTREX TELEPHONE SERVICE — ONE YEAR CONTRACT EXTENSION G ILLINOIS MUNICIPAL LEAGUE — 2004/2005 MEMBERSHIP RENEWAL H. TREASURER'S REPORT — JUNE, 2004 I. APPROVAL OF THE SECOND AMENDMENT TO THE RESIDENTIAL MUNICIPAL WASTE SERVICES CONTRACT WITH BFI 7 ITEMS REMOVED FROM CONSENT AGENDA - None 8 BOARD & COMMISSION RECOMMENDATIONS: A. CHOU — 301 ASHLEY COURT — VARIATION TO FRONT YARD SETBACK Mr. and Mrs Joe Chou, the owners of the vacant lot at 301 Ashley Court has submitted a petition seeking approval of a five -ft. variation to the 40 -ft. building setback along both Ashley Court and Covington Court in order to construct a new home. The lot is somewhat unique because it has frontage on three streets and contains a recorded stormwater conveyance and maintenance easement on the south- VILLAGE OF OAK BROOK Minutes Page 7 of 18 July 27, 2004 01 8. A. half of the lot that significantly reduces the buildable area of the lot The Zoning Board of Appeals, by a vote of 5 to 0 have recommended approval of a variation to Sections 13- 6C -3F -1 and 13- 6C- 3F -2(a) of the, Zoning Ordinance to reduce the required 40 -ft. building lines along Ashley Court and Covington Court to 35 -ft. to accommodate the construction of a new home In making this recommendation, the Zoning Board of Appeals found that the petitioner has addressed the factors as required by the Ordinance for approval of a variation In addition, the approval of this request will not be detrimental to other properties in the neighborhood Motion by Trustee Aktzpis, seconded by Trustee Caleel, to concur with the recommendation of the Zoning Board of Appeals and approve the requested variation and authorize the Village Attorney to draft the necessary ordinance for final consideration at the August 10, 2004, Board of Trustees meeting. VOICE VOTE Motion carried. B MCDONALD' S CORPORATION — RESUBDIVISION #2 — FINAL PLAT C The McDonald's Corporation, the owner of the 9 588 acre Plaza II Block located at the northeast corner of Spring Road and 22nd Street has submitted_ an application seeking approval of a final plat of resubdivision into two lots. President Quinlan had previously announced that the McDonald's Corporation asked to postpone their agenda items to the next Village Board meeting to allow the Board of Trustees time to review their documentation. MCDONALD' S CORPORATION — TEXT AMENDMENTS TO THE ZONING (lRT)TNANCF, The McDonald's Corporation, the owner of the 9.588 acre Plaza II Block located at the northeast corner of Spring Road and 22nd Street has submitted petitions seeking approval of various text amendments to the Zoning Ordinance in order to construct a 10,512 square foot McDonald's restaurant and McCafe on the 3 69 acres located at the northeast corner of Spring Road and 22nd Street President Quinlan had previously announced that the McDonald's Corporation asked to postpone their agenda items to the next Village Board meeting to allow the Board of Trustees time to review their documentation. D MCDONALD' S CORPORATION — SPECIAL USES — DRIVE - THROUGH FACILITY AND OUTDOOR DINING VILLAGE OF OAK BROOK Minutes Page 8 of 18 July 27, 2004 i The McDonald's Corporation, the owner of the 9.588 acre Plaza II Block located at the northeast corner of Spring Road and 22nd Street has submitted petitions seeking approval of two special uses in order to construct a 10,512 square foot McDonald's restaurant and McCafe on the 3 69 acres located at the northeast corner of Spring Road and 22nd Street. President Quinlan had previously announced that the McDonald's Corporation asked to postpone their agenda items to the next Village Board meeting to allow the Board of Trustees time to review their documentation E ORDINANCE 2004 -LY -EX 1 -S -1077, "AN ORDINANCE AMENDING THE OAK BROOK PUBLIC LIBRARY GENERAL POLICY" The General Policy currently prohibits eating, drinking and smoking in the Library. However, Library patrons frequently request the privilege of drinking coffee in the Library. Additionally, the Friends of the Library have requested that they be able to hire Bath and Tennis staff to serve white wine or champagne at their October Evergreen Concert to be held in the Library Meeting Room. To address these perceived needs, the Library Commission and Library Director Klinkow met on July 19, 2004 at a Special Commission meeting and determined to make a recommendation to revise the General Policy. The recommendation is made in anticipation of selling drinks and light food in the lobby, allowing drinks in covered cups in the main part of the Library and allowing occasional alcoholic beverages in the Meeting Room and Meeting Room garden at the discretion of the Library Director and in conformance with all applicable statutes and Village Policies and Ordinances. A special event liquor license will be obtained in advance of any event which involves the serving of alcoholic beverages. As per the recommendation of the Oak Brook Public Library Commission and Library Director, it is requested that the General Policy be amended to read as follows: "No smoking is allowed in the Library. Eating and drinking, including alcoholic beverages, are allowed at the discretion of the Library Director in conformance with all applicable statutes and Village Policies and Ordinances." President Barbara Benezra, Friends of the Oak Brook Library, requested that the Village Board consider amending the Library policy to allow service of wine and champagne at the Library on behalf of the Evergreen Concerts. The concerts previously have been held at the Oak Brook Bath & Tennis Club where this service had been offered to the public. Motion by Trustee Caleel, seconded by Trustee Yusuf, for passage of Ordinance 2004 - LY-EX 1 -S -1077, "An Ordinance Amending the Oak Brook Public Library General VILLAGE OF OAK BROOK Minutes Page 9 of 18 July 27, 2004 6 8 E. Policy." ROLL CALL VOTE- Ayes: 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. Nays. 0 - None Absent: 1 - Trustee Craig. Motion carried. F. ORDINANCE 2004- LY -EXI -S -1078, "AN ORDINANCE AMENDING THE LIBRARY MEETING ROOM AND GROUP STUDY ROOMS POLICY" The Friends of the Library have requested that they be able to hire the Bath and Tennis staff to serve white wine or champagne at the Evergreen Concert in October to be held in the Library Meeting Room The Library Commission and Library Director Klinkow met on July 19, 2004 at a Special Commission meeting and determined to revise the Library Meeting Room and Group Study Rooms Policy. The recommendation is to allow alcoholic beverages in the Meeting Room and Meeting Room garden at the discretion of the Library Director and in conformance with all applicable statutes and Village Policies and Ordinances. A special event liquor license will be obtained in advance of any event which involves the serving of alcoholic beverages. As per the recommendation of the Oak Brook Public Library Commission and Library Director, it is requested that the Library Meeting Room and Group Study Rooms Policy be amended to read as follows. "No smoking is allowed in the Library. Eating and drinking, including alcoholic beverages, are allowed at the discretion of the Library Director in conformance with all applicable statutes and Village Policies and Ordinances." Motion by Trustee Caleel, seconded by Trustee Aktipis, for the passage of Ordinance 2004- LY -EXl -S -1078, "An Ordinance Amending the Library Meeting Room and Group Study Rooms Policy " ROLL CALL VOTE - Ayes: 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis Nays 0 - None Absent 1 - Trustee Craig. Motion carried. 9 UNFINISHED BUSINESS. A. CONFIRMATION OF APPOINTMENTS - None. B ORDINANCES & RESOLUTIONS - None. C. AWARD OF CONTRACTS - None. VILLAGE OF OAK BROOK Minutes Page 10 of 18 July 27, 2004 10 NEW BUSINESS: A CONFIRMATION OF APPOINTMENTS 1) LIBRARY COMMISSION The terms of Madeline Bell and William Duff expired in May, 2004. Village President Quinlan recommends that the Village Board approve the re- appointments of Madeline Bell and William E. Duff to the Library Commission, with their 3 -year terms expiring in May, 2007. Motion by Trustee Aktipis, seconded by Trustee Caleel, to accept President Quinlan's recommendation and re- appoint Madeline Bell and William E. Duff to the Library Commission for 3 -year terms expiring in May, 2007. VOICE VOTE Motion carried. 2) ZONING BOARD OF APPEALS There has been a vacancy on the Zoning Board of Appeals since December of 2003 due to the resignation of Ayesha Zaheer. Village President Quinlan recommends that the Village Board approve the appointment of Moinuddin Saiyed to fill the unexpired term of Ayesha Zaheer. His term will expire November, 2005. Motion by Trustee Korin, seconded by Trustee Caleel, to table President Quinlan's recommendation and appointment of Moinuddin Saiyet to the Zoning Board of Appeals for a term expiring November, 2005. VOICE VOTE Motion carried B ORDINANCES & RESOLUTIONS 1) ORDINANCE 2004- LC -AL -G -751, "AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES" Jagmohan, LLC has made application to the Village for a Class A -1 liquor license for their new restaurant, India House, located at 2809 Butterfield Road (formerly Ziti's Pasta & Chop House). Documentation requirements have been fulfilled and reviewed by the Village Attorney. A criminal background check is being processed at this time of the owner. The Liquor Manager, Jagmohan Jayara, is the owner of the establishment and has received certified L I F.E. training as approved by the State of Illinois Liquor Control Commission. The applicant has requested that this application be brought before the Board for VILLAGE OF OAK BROOK Minutes Page 11 of 18 July 27, 2004 -no 10. B. 1) consideration at the regular meeting of July 27, 2004. A representative of the establishment will be in attendance at the Village Board meeting Submitted for review were the following documentation: a. Application for a Liquor License b. Floor Plan c. Certificate of Insurance d Menu The Village Attorney has drafted an ordinance that increases the number of A -1 liquor licenses by one Provided that all ordinance requirements are met, the Local Liquor Commissioner Kevin Quinlan would presumably issue a class A -1 liquor license to Jagmohan, LLC d /b /a India House, located at 2809 Butterfield Road. Motion by Trustee Korin, seconded by Trustee Yusuf, for passage of Ordinance 2004- LC -AL -G -751, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses ". ROLL CALL VOTE Ayes- 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. 2) ORDINANCE 2004 -TC- DUI -G -752, "AN ORDINANCE REPEALING ORDINANCE 2004 -TC- DUI -G -745, AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 (_MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION) AND RE- ESTABLISHING THE PROSECUTION OF DUI VIOLATIONS BY THE DUPAGE COUNTY STATE'S ATTORNEY" President Quinlan remarked that this is an Ordinance that was passed previously as part of another effort to bring revenue into the Village. Trustee Aktipis stated that the Village Attorney previously had indicated that this would produce more revenue for the Village. He believes that the revenue is at the expense of the safety of Village residents. Revenue is produced if charges are negotiated down and fines paid so that those involved in DUI (Driving Under the Influence) may negotiate with the Village Attorney and obtain a higher fine that the record is not permanent as a DUI and that person may continue to recycle into the community without ever being stopped as the record does not reflect repeated DUI's He stated he does not believe this is correct and asked that the ordinance be repealed and have the prosecution with the DuPage County State Attorney's Office. President Quinlan stated that the Village Attorney does not process the VILLAGE OF OAK BROOK Minutes Page 12 of 18 July 27, 2004 NO, 10. B. 2) prosecution Attorney Kubiesa indicated it is done by the Assistant Prosecutor for this purpose and the prosecution negotiating any pleas is the same as the State's Attorney's office He remarked that Trustee Aktipis' statement that compromising ` the safety of the Village is incorrect. Trustee Aktipis noted that the Village Attorney appoints the prosecutor and he asked that Pat Larson, an Oak Brook resident and State Director of AAIM (Alliance Against Intoxicated Motorists), address the Village Board on this issue. It is,the oldest anti -drunk driving group in the State of Illinois. Since AAIM was founded in 1982, DUI crash deaths and injuries on Illinois roads have greatly decreased. There are over 600 lives lost over Illinois highways annually and thousands of serious injuries Many of these are in DuPage County and AAIM has noticed that in some areas there is a growing apathy to this vary serious problem Drunk driving is not treated as the serious crime that it is as it kills more people annually in America than any other crime More people lose their lives to this preventable crime than were tragically killed on September 11, 2001. In fact 17,000 lives are lost because of drinking and driving in the United States Ms. Larson indicated that drunk driving laws are the most complicated set of laws in the State of Illinois. Drunk drivers have traditionally been prosecuted by the County State Attorney's office in which these officers of the court have been trained and are supervised by the local State Attorney. They are accountable to the elected person. Over the years a disturbing trend has taken place as some municipalities have hired attorneys to prosecute DUI's. The reason for this is based solely on revenue as fines come directly to the municipality rather than being shared by the State of Illinois. Unfortunately, some municipal prosecutors have been reducing DUI charges to lesser charges at an alarming rate and putting more dangerous drivers back on the roadways. In DuPage County an informal survey was taken for the first quarter in 2004 comparing 600 random cases, 300 were from municipalities, 300 from the Assistant State Attorney prosecutors The study showed that the municipalities reduced five times more cases than the State's Attorney office. Further, the study showed that the summary suspensions of these persons driving privileges were rescinded in twice as many cases with municipal prosecutors than in the State's Attorney cases. It is even more serious with repeat offenders as they have much more to lose and will do whatever it takes to get their charges reduced This crime is far too serious and complicated to be in the hands of Village attorneys as there is too much of a chance for favors to be doled out on the local level and the perception of corruption might be noted. By giving these drivers a pass it reinforces the message that it is o k to drink and drive again. Justice cannot be for sale and as an Oak Brook resident she encouraged the Board of Trustees to treat drunk driving as a serious crime She requested that Oak Brook DUI offenders be prosecuted by the DuPage County State Attorney's. VILLAGE OF OAK BROOK Minutes Page 13 of 18 July 27, 2004 10 B. 2) Trustee Yusuf asked that a review be done of the Village cases since the Village ordinance has been enacted to determine the results and compare them with the State's Attorney office to determine if there is a disparity. Trustee Caleel asked for a report of DUI's between the time the ordinance was implemented to the present time and the outcomes of those cases and were the cases reported to the State Police. Trustee Zannis stated she asked for that report but the statistics are limited as the Village just began in April prosecuting A report on the disposition of the case until it is finalized would takes months and there are privacy issues also. ` Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance 2004 -TC- DUI -G -752 "An Ordinance Repealing Ordinance 2004 -TC- DUI -G -745 - An Ordinance Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois (DUI Prosecution) and Re- establishing the Prosecution of DUI Violations by the DuPage County State's Attorney " ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. Nays- 0 - None. Absent- 1 - Trustee Craig. Motion carried. C. AWARD OF CONTRACTS 1) AN ENGAGEMENT LETTER DATED JULY 22 2004 RELATIVE TO KLEIN, THORPE AND JENKINS, LTD. President Quinlan announced that this was stricken according to Judge Wheaton's ruling in DuPage County Circuit Court and will not be addressed by the Board of Trustees 2) SELF - CONTAINED BREATHING APPARATUS UNITS It would be appropriate for the Oak Brook Fire Department to replace 100% of their SCBA inventory by taking advantage of a limited -time volume discount through MSA. The Fire Department would trade in their current equipment for complete fleet -wide replacement with new equipment. This would reduce maintenance costs by making the Fire Department eligible for limited lifetime warranty coverage (currently applicable only to roughly 1/3 of the Fire Department units) This would also bring the Fire Department in compliance with NFPA 1981 (2002) standard for SCBA. The special purchase would make use of the current air cylinders in lieu of the cylinders that would normally be provided with a new SCBA This feature of the program is an attractive incentive that would preclude the Fire Department from entertaining bids from other SCBA suppliers. The MSA VILLAGE OF OAK BROOK Minutes Page 14 of 18 July 27, 2004 no 10. C. 2) cylinders the Fire Department currently possess are in good condition, have considerable service life remaining and will not function with air packs from other manufacturers The following new features of the air packs would benefit overall firefighter safety in many ways: Improved frame design offers rescue teams larger, stronger and more grasping handles with which to rescue an incapacitated firefighter. The RIC fitting offers an industry -wide, standardized connection and location for filling a firefighter's depleted air cylinder This fitting is compatible with equipment already in service on all apparatus HUD (heads -up display) provides the firefighter with an in- the- facepiece visual of the status of his air supply. CBRN compliance. Improved Chemical, Biological, Radiological and Nuclear resistant construction makes the new SCBA appropriate for response to terrorist actions. The following features are also now standard but absent on many of the current SCBA: Redundant low -air alarm. This alerts the firefighter to a low air condition in three different ways. (Many of the current packs only use one ringing bell.) Integrated PASS This device automatically activates when the air cylinder is turned on. It detects a motionless firefighter, then sounds an alarm and flashes lights to lead rescuers to him. Air One has quoted a price of $1750.00 per SCBA The Village's normal discounted price for this product would be $4370 00 (if air cylinders were included) This is a savings of $2620.00 per SCBA. With a purchase of 38 new SCBA the total bill would be $66,550 00 The program savings would total $99,560.00. Motion by Trustee Yusuf, seconded by Trustee Caleel, that the Village Board waive competitive bidding and authorize staff to issue a purchase order for thirty eight (3 8) self - contained breathing apparatus units to Air One Equipment for an amount not to exceed $66,500.00 ROLL CALL VOTE- Ayes. 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. Nays: 0 - None. VILLAGE OF OAK BROOK Minutes Page 15 of 18 July 27, 2004 10. C. 2) Absent: 1 - Trustee Craig. Motion carried D REQUEST FROM THE CITY OF ELMHURST FOR CONNECTIONS TO THE VILLAGE OF OAK BROOK WATER SYSTEM A letter from Thomas P. Borchert, City Manager, City of Elmhurst, Re City of Elmhurst /McKenna's 22'd Subdivision Plan, requests the Village of Oak Brook to allow the connection of six (6) proposed units to the existing Village of Oak Brook water system located on Lexington Avenue. In accordance with this request, the Village of Oak Brook and the City of Elmhurst have reviewed the option of retaining an independent consultant to evaluate and appraise this section of the Village's water system infrastructure. The intended result is that Elmhurst and Oak Brook could then evaluate the option of Elmhurst taking on this section of the Oak Brook system. At this time, the Village of Oak Brook has requested a second letter from the City of Elmhurst outlining their intent to participate with the independent consultant This additional information will be made available to the Village Board upon receiving same from Elmhurst Motion by Trustee Zannis, seconded by Trustee Aktipis, to approve a letter of Agreement with the City of Elmhurst /McKenna's 22nd Subdivision Plan to retain an Independent Contractor to evaluate and appraise that section of the Oak Brook Water system located in and serving the City of Elmhurst. ROLL CALL VOTE - Ayes- 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. Trustee Aktipis requested a motion under Agenda Item New Business Motion by Trustee Aktipis, seconded by Trustee Caleel, to make an appointment of a permanent Police Chief from the list of four candidates provided to President Quinlan over the course of the last two weeks or any other person the Village President deemed to be qualified so that the Board of Trustees may evaluate and consider the confirmation of the proposed appointment VOICE VOTE- Motion carried Motion by Trustee Caleel, seconded by Trustee Zannis, to direct the Village Attorney to prepare an ordinance that is the same as the Oak Forest Ordinance limiting the term of all temporary appointments to thirty (30) days and which prohibits the Village President from making a temporary appointment of one (1) person to the same office more than twice in any one calendar year for action at the August 10, 2004 Village Board meeting citing case opinion 94 -012 dated June 9, 1994. VOICE VOTE: Ayes: Trustees Aktipis, Caleel, Craig, Korin and Zannis Nays: Trustee Yusuf. Motion carried VILLAGE OF OAK BROOK Minutes Page 16 of 18 July 27, 2004 10. Trustee Korin commented that nine months ago she approached Village President Quinlan to obtain a written first right of refusal from McDonald's Corporation for property they own on Jorie Boulevard and Kensington. This piece of property is the largest undeveloped commercial segment of land in Oak Brook When she discussed approaching McDonald's Corporation with the Village President, it was the idea of the feasibility of building a downtown Oak Brook, as this is the only remaining place to do so. It is centrally located and it would not exacerbate the Village's current traffic problems and if the Village owned and developed the property it could be ensured that it was developed in phases for the proper density and not allow it to be over - developed. She suggested McDonald's may even be interested in donating a portion of the land for a park for part of their legacy. She explained whether this property would ever become a downtown or open field owned by the Village as an additional part of our Sports Core, it is vital that the Village be able to control the development. Should McDonald's Corporation desire to retain the property and develop it for their own purpose it is certainly their right to do so. She indicated there isn't any reason not to approach McDonald's Corporation asking for a written first right of refusal should they some day choose to sell the property. Trustee Korin offered herself as one Board member willing to begin those discussions. Motion by Trustee Korin, seconded by Trustee Caleel, that the Village pursue discussions with the McDonald's Corporation in an effort to obtain a written first right of refusal to purchase their property at Jorie Boulevard and Kensington. VOICE VOTE Motion carried President Quinlan stated he did not have an issue with Trustee Korin's motion but questioned whether this should be pursued at this time when McDonald's Corporation is pursuing approval on 22'd Street. Trustee Korin stated that it was duly stated a number of times, that whatever position McDonald's Corporation has in terms of bringing zoning requests or changes before the Village Board that they are going to be viewed on the merits of what are those changes She is only asking for a written first right of refusal from McDonald's Corporation which provides the Village an opportunity should McDonald's Corporation choose to sell that property, the opportunity to bid on the property first prior to them going to another entity. Trustee Zannis indicated that a year or two ago she brought to the Village Board a proposal to begin filming all Plan Commission and Zoning Board of Appeals meetings. Due to budget constraints that did not occur at that time She explained it would help her prepare better for such applicants as McDonald's Corporation if she could have reviewed their sessions. Motion by Trustee Zannis, seconded by Trustee Korin, that the Zoning Board of Appeals and Plan Commission meetings be videotaped as soon as possible with one copy for the Village as a record and one copy for the Oak Brook Public Library. ROLL CALL VOTE: Ayes 5 - Trustees Aktipis, Caleel, Korin, Yusuf and Zannis VILLAGE OF OAK BROOK Minutes Page 17 of 18 July 27, 2004 10 Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. Trustee Zannis indicated the cost was $3,000 annually. 11 INFORMATION & UPDATES A. VILLAGE PRESIDENT -None. B. VILLAGE MANAGER -None. C. VILLAGE CLERK -None. 12 ADJOURN TO CLOSED MEETING 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 and To consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body. The Board of Trustees had previously announced that they would not adjourn to a closed meeting. 13 ADJOURNMENT. Motion by Trustee Aktipis, seconded by Trustee Caleel, to adjourn the meeting at 8:50 p m VOICE VOTE- Motion carried. ATTEST. Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 18 of 18 July 27, 2004 F