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Minutes - 08/23/2005 - Board of TrusteesMINUTES OF THE AUGUST 23, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON SEPTEMBER 27, 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 7:32 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, John W. Craig, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Bruce F Kapff, Director of Information Services & Purchasing; Richard B. Boehm, Village Manager; Kenneth T. Kubiesa, Village Attorney; Michael J. Meranda, Public Works Director; Jeffrey P. Moline, Assistant Village Manager; Nelson Patras, Interim Bath & Tennis Club Manager and Thomas Sheahan, Chief of Police. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan read into the record comments in Recognition of Pakistan's and India's Independence Day. 4 RESIDENT /VISITOR COMMENT: President Quinlan announced that four individuals wished to address the Board in regard to the Breakenridge Farm Extension. They are Robert Barth, Steve Norgaard, Jon Green and Fred Cappetta. He indicated that they would hold their remarks until this item came before the Board in the regular course of the agenda 5. APPROVAL OF MINUTES. A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 9,2005: Motion by Trustee Sanford, seconded by Trustee Yusuf, to approve the Minutes of the August 9, 2005 Regular Board of Trustees Meeting. Trustee Aktipis abstained from voting on these minutes since he was not in attendance at that meeting. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 1 of 13 August 23, 2005 6. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Yusuf, seconded by Trustee Sanford, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE. Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending August 19, 2005 - $978,563.29 Significant Items included in Above: 1) Alvord, Burdick & Howson, L.L.C. — Payout #3 - Water Rate Study - $3,415.65 2) Central Blacktop Co., Inc. — Payout #3 — 2005 Paving Project - $170,511.25 3) DuPage Water Commission - $304,325.06 4) Civiltech Engineering —Payout #9 — 31" Street Bike Path/Phase III - $22,657.51 B. Approval of Payroll for Pay Period Ending August 13, 2005 - $712,746.19 C Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Painting Interior and Exterior of Fire Station #2 2) Old Butler School Electrical Service 3) Safety Pathway System - Slurry Seal 4) Proximity Card Access System - Police Department E. Budget Adjustments F. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook G. Request Waiver of Fees — Oak Brook Community Church H. I -294 Toll Plaza Reconstruction — Plaza 25 - Water Main Crossing I Treasurer's Report — July 31, 2005 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8. BOARD & COMMISSION RECOMMENDATIONS: A. BREAKENRIDGE FARM EXTENSION — PRELIMINARY PLAT OF SUBDIVISION. The Institute in Basic Life Principles (IBLP) has submitted an application requesting approval of a preliminary plat of subdivision of 19.569 acres of vacant land located between Adams Road and Breakenridge Farm Road The original request from IBLP was for a two -lot subdivision, which would have resulted in the creation of a 2.11 acre lot to accommodate the construction of a new single- family home and leave the remaining 17.459 acres as vacant property. Access to the 2.11 acre lot would be provided from Breakenridge Farm Road. VILLAGE OF OAK BROOK Minutes Page 2 of 13 August 23, 2005 8. A. However, based on input and discussion from the May and June Plan Commission meetings, the applicant amended its original application from a two -lot subdivision to a four -lot subdivision, which creates a total of three lots ranging from 2.09 to 2.71 acre lots, two of which would have access to Breakenridge Farm Road while the third would have access to Adams Road. The remaining 12 acres would be left as one lot and remain vacant. Key Issues In reviewing this request as amended, the Plan Commission was provided a substantial amount of information and heard testimony from the applicant, an attorney representing several homeowners of the Breakenridge Farm Subdivision, individual residents and Village Staff. The principal issues for discussion related to: access to Breakenridge Farm Road; concerns over the limited width of Breakenridge Farm Road; impact of Section 14 -1 -3 E. of the Village Code; and stormwater management. Each of these issues is discussed in the following. 1. Breakenridge Farm Road — The existing private roadway is provided for in an easement that is located on all of the properties that front onto Breakenridge Farm Road. Because the subject property is a party to that 1955 easement, access can be provided to Breakenridge Farm Road. This has been confirmed by the Village Attorney. 2. Width of Breakenridge Farm Road — The existing easement that contains that portion of Breakenridge Farm Road along the IBLP property is 24 -ft. wide. The pavement within this easement is 12 -ft. wide The Village of Oak Brook's standard for a local street has a pavement width of 27 -ft. IBLP has offered as part of their request to expand the easement on their property to permit construction of a roadway that meets the Village standard. 3. Section 14 -1 -3 E. of the Village Code — This code section reads as follows: E Construction In Phases: Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider requests approval in parts, he shall, at the time of submission of the first part, submit a detailed plan of the entire tract to be eventually developed, with appropriate sectioning to demonstrate to the Oak Brook village plan commission that the total design as proposed for the entire subdivision is acceptable under the terms of these regulations The plan commission and village board may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time Testimony was provided by a number of people that this section requires that IBLP provide a plan for the balance of the 12+ acres that are planned to remain vacant. The Village Attorney has prepared a written legal opinion stating that this provision does not apply to IBLP as requested. VILLAGE OF OAK BROOK Minutes Page 3 of 13 August 23, 2005 4 Stormwater Management — concerns were raised by several neighboring property owners that development of the IBLP property would have an adverse impact on the drainage pattern in the area and impact their properties. The applicant provided in their amended application, sites for three formal stormwater management areas. Refinement of these areas would be made as part of the final platting process. Each of these items are discussed in correspondence from the both the applicant as well as that received by the Attorney representing the Breakenridge Farm residents. Also, Village Engineer Durfey has reviewed this request (as amended) and has summarized his technical comments in his May 10, and July 13, 2005 memorandums. Recommendation The Plan Commission, by a vote of 6 to 1, recommended denial of the preliminary plat of subdivision for the proposed Breakenridge Farm Extension as requested. Specifically, member Wolin moved, seconded by member Goel to deny the petitioners request for the subdivision as proposed and recommended to deny it for the following reasons: 1. It does not meet the intent of Section 14 -1 -3 -E that recommends at the time of preliminary plat of subdivision that the entire plan for the subdivision be provided at that time. It would set a bad precedent to approve it without the total plan. 2. It is clear from resident comments as well as observation of the area that there are water detention problems on this site and it is important that the proper water detention planning and other water problem provisions be provided for the entire 19 acres at one time with a preference to the extent that it is possible that the water detention be placed in common areas and not part of a private easement. 3. There was a question whether the roadway system meets the current requirements of the Subdivision Regulations. Further clarification is needed as to whether the roadway system would support that particular regulation. Staff Comments With respect to the IBLP's request for approval of the Breakenridge Farm Extension, staff offers the following comments for your review and consideration. 1. Attorney Cappetta, who represents a number of the residents in the Breakenridge Farm Subdivision provided testimony before the Plan Commission, stating that section 14 -1 -3E of the Subdivision Regulations was part of the 2002 amendment that was approved by the Village. This particular provision was part of the Village's first Subdivision Regulations which were enacted in 1971. 2. IBLP has agreed to widen that portion of Breakenridge Farm Road to 27 -ft. for the entire frontage of lot 6 owned by the Institute. 3. The specific design details for stormwater management are normally addressed in the review and approval processes for the final plat and final engineering VILLAGE OF OAK BROOK Minutes Page 4 of 13 August 23, 2005 4. Additional comments have been received from IBLP. 5. Additional comments have been received from Mr. Cappetta. President Quinlan acknowledged Mr Robert Barth, General Counsel for The Institute in Basic Life Principles. Mr Barth addressed the Board in regard to the petition for a Preliminary Plat of Subdivision. He appealed to the Board of Trustees to approve the petition irrespective of the negative recommendation from the Plan Commission because it was felt that the Plan Commission did not act consistent with the Village Attorney's counsel on the legal issues raised with respect to the Village Code and the Plan Commission did not act consistent with the Village Engineer's statement that all the technical requirements for a preliminary plat were satisfied as required by the Village Code. He commented that he had addressed a letter to the Board in which he provided specific reasons why the Board should not follow the Plan Commission's recommendation. He asked for questions from the Board and asked that Jon Green, the Institute's Civil Engineer & Land Surveyor be allowed to address the issue dealing with water detention and stormwater runoff. President Quinlan acknowledged Mr. Jon Green, Civil Engineer & Land Surveyor with Engineering Resource Associates. Mr. Green wished to clarify several points in respect to the stormwater drainage of the development. He indicated that the subdivision does in fact comply with the Village and the County ordinances with respect to stormwater detention storage. He added that currently all of the water on the site sheet flows off to neighboring properties, the proposed preliminary plat shows three separate stormwater detention areas to store the hundred year rainfall runoff. He indicated that there would be less runoff to neighboring properties once the subdivision is developed and stormwater detention is in place. President Quinlan acknowledged Mr. Steve Norgaard. Mr. Norgaard, Attorney for the contract purchaser of this lot expressed to the Board that there is a family on the other side of this property who wants to build a home and has worked with IBLP and the Village and has attempted to appease the residents opposing the development with no success. He urged the Board not to concur with the recommendation of the Plan Commission. President Quinlan acknowledged Mr. Fred Cappetta. Mr. Cappetta stated that he represents ten homeowners in the Breakenridge area. He reported that in the past three months during the petition to resub lot six, the petitioner has modified his petition during the process in response to matters raised. He felt that there remained at least seven reasons that the plat should not be approved. He itemized those issues. He also stipulated instances that he felt violated Village ordinances and suggested that if the petition is approved, residents would seek a judicial determination of the status of the ordinance. VILLAGE OF OAK BROOK Minutes Page 5 of 13 August 23, 2005 8. A. Trustee Kennedy commented that most of the debate on this topic has resulted from attempting to break out some lots from a 19.5 acre tract along Adams Road and has been about legal argument, interpretation of Village Code and how that code applies to the facts of this situation. He felt that it has demonstrated that this issue has been vigorously and aggressively presented by lawyers from both sides. He stated that it is a very complex issue with 50 years of history. Trustee Kennedy stated that it was his responsibility to present the motion this evening and he found after much review that personally he was unable to concur with the recommendations of the Plan Commission He indicated that the Plan Commission has recommended denial on three points that in his opinion as a lawyer and also primarily as a trustee he felt that some of the reasons for denial are not legally sustainable or are not reasonably clear. He also felt that he cannot agree with a motion to approve the petition because the record does not reflect that the petitioner has met the standards for a preliminary plat. He initially felt that it should go back to the Plan Commission for further consideration and clarification, but he now felt that that would be a waste of everyone's time and he felt that there was no choice than to deny the petition. Motion by Trustee Kennedy, seconded by Trustee Craig, to deny the preliminary plat of subdivision (as amended) for the proposed Breakenridge Farm Extension. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 0 - None. Motion carried. 8. B. STEWART SUBDIVISION — 405 OAK BROOK ROAD /3109 YORK ROAD — FINAL PLAT OF SUBDIVISION AND VARIATION TO THE SUBDIVISION REGULATIONS Backaround/History: Mr. Warren Stewart, the owner of the properties at both 3109 York Road and 405 Oak Brook Road has submitted an application seeking approval of a final plat of subdivision and a variation to Section 14- 6 -2 -B.4 of the Subdivision Regulations in order to permit a reduction in the required lot size. Both lots are contiguous and neither presently meets the one acre minimum lot size required in the R -2 zoning district. As such, these lots are currently classified as non - conforming with regard to lot size. It is the applicants desire to make one of these lots conforming to the R -2 district standards by increasing the lot size of the parcel at 405 Oak Brook Road by approximately 11,000 sq.ft. and by reducing the size of the 3109 York Road lot by a similar amount In addition to this request, the applicant has also submitted a request to the Zoning Board of Appeals seeking approval of variation to permit a reduction in the parcel of size of 3109 York Road. VILLAGE OF OAK BROOK Minutes Page 6 of 13 August 23, 2005 8. B. Village Engineer Durfey has reviewed this submittal and has summarized his comments in his July 12, 2005 memorandum. Recommendation: The Plan Commission, by a vote of 7 to 0, recommended approval of the final plat of subdivision and variation to the Subdivision Regulations as proposed. In making this recommendation, the Commission finds that the applicant has met all requirements for approval of a final plat and variation. It should be noted that approval by the Plan Commission is subject to approval of the variation to the Zoning Ordinance that permits a further reduction in the lot size of 3109 York Road. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the recommendation of the Plan Commission and approve the requested final plat of subdivision and variation to the Subdivision Regulations and authorize the Village Attorney to draft the necessary resolution for final consideration at the September 13, 2005 Board of Trustees Meeting. VOICE VOTE: Motion carried. 8. C. STEWART — 405 OAK BROOK ROAD /3109 YORK ROAD — VARIATION TO LOT AREA REQUIREMENTS Mr. Warren Stewart, the owner of the properties at both 3109 York Road and 405 Oak Brook Road has submitted a petition seeking approval of a variation to Section 13 -613-3A of the Zoning Ordinance in order to permit a reduction in the required lot size of the parcel at 3109 York Road. It is the applicants desire to make the lot at 405 Oak Brook Road conforming to the R -2 district standards by increasing its size by approximately 11,000 sq.ft. and by reducing the size of the 3109 York Road lot by a similar amount. In conjunction to this request, the applicant has also submitted a request to the Plan Commission seeking approval of two -lot subdivision and a variation to the Subdivision Regulations to permit a reduction in the parcel size along the rear portion of the 3109 York Road lot. With regard to the parcel located at 3109 York Road, the Village of Oak Brook previously approved ordinance S -469 which granted a variation to lot area and side yard requirements. Recommendation: The Zoning Board of Appeals, by a vote of 4 to 0, recommended approval of the variation to the lot area requirements as requested subject to the following conditions. 1. Subject to the approval of the final plat of subdivision and variation to the Subdivision Regulations as recommended by the Plan Commission. VILLAGE OF OAK BROOK Minutes Page 7 of 13 August 23, 2005 8 C. 2. The provisions of Ordinance S -469 which permitted a reduction in the side yard setback for the parcel at 3109 York Road are considered to be unique and shall be continued in full force and effect. 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 particular, it was found that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood. Motion by Trustee Sanford, seconded by Trustee Aktipis, 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 September 13, 2005 Board of Trustees meeting. VOICE VOTE Motion carried. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) MUNICIPAL COMPLEX AND PUBLIC WORKS BUILDING MASONRY TUCKPOINTING Five sealed bids were received and opened on Friday, July 29, 2005. Bid packages were sent out to ten companies. The annual inspection of the exterior of all public buildings conducted by the Public Works Department determined that many masonry bricks required replacement due to cracked and failed mortar joints and other areas required masonry repointing. Tuckpointing will minimize water intrusion and keep future brick repair and replacement to a minimum. Staff decided not to accept the optional bid submitted for the masonry sealer and work on the north circular wall and may budget for it next year. Although the bid is $2,125 00 over the budgeted amount, sufficient savings in other items within Program 421 are available to offset this overage. Staff has received adequate references as to the quality of work provided by Dolphin Construction. VILLAGE OF OAK BROOK Minutes Page 8 of 13 August 23, 2005 8. C. 2. The provisions of Ordinance S -469 which permitted a reduction in the side yard setback for the parcel at 3109 York Road are considered to be unique and shall be continued in full force and effect. 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 particular, it was found that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood. Motion by Trustee Sanford, seconded by Trustee Aktipis, 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 September 13, 2005 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS- A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) MUNICIPAL COMPLEX AND PUBLIC WORKS BUILDING MASONRY TUCKPOINTING Five sealed bids were received and opened on Friday, July 29, 2005. Bid packages were sent out to ten companies. The annual inspection of the exterior of all public buildings conducted by the Public Works Department determined that many masonry bricks required replacement due to cracked and failed mortar Joints and other areas required masonry repointing. Tuckpointing will minimize water intrusion and keep future brick repair and replacement to a minimum. Staff decided not to accept the optional bid submitted for the masonry sealer and work on the north circular wall and may budget for it next year. Although the bid is $2,125.00 over the budgeted amount, sufficient savings in other items within Program 421 are available to offset this overage. Staff has received adequate references as to the quality of work provided by Dolphin Construction. VILLAGE OF OAK BROOK Minutes Page 8 of 13 August 23, 2005 9. C. 1) Motion by Trustee Kennedy, seconded by Trustee Yusuf, that the Village Board award a contract to the lowest responsive and responsible bidder, Dolphin Construction, 703 Valley View Drive, Schaumburg, Illinois 60193, subject to staff review, based on unit prices as indicated on the bid tabulation, for an estimated total project cost of $27,125.00 ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays 0 - None Absent: 0 - None. Motion carried. 2) UNIT 508/ STREET SWEEPER REPLACEMENT Two sealed bids were received and opened on Monday, August 15, 2005. Bid packages were sent out to three companies. Public Works reviews the long range equipment replacement schedule each year. The schedule is based upon historical usage, expected design/useful life and economics. The 1988 Elgin Street Sweeper currently used by Public Works is still operating with the original engine, transmission, and hydraulic system. It also needs $6,000 in replacement components. Public Works also investigated the prospect of outsourcing street sweeping In order to break even (purchasing street sweeper vs. outsourcing) within a 14 year period, the current service level would have to be reduced by 75 %. Staff has received adequate references as to the quality of work provided by Standard Equipment Company. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award a contract to the lowest responsive and responsible bidder, Standard Equipment Company, 2033 W. Walnut, Chicago, Illinois 60612, subject to staff review, for the purchase and trade -in of a street sweeper in the amount of $103,000.00 (net cost after trade -in) as indicated in the bid tabulation. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 0 - None. Motion carried. President Quinlan congratulated staff for their time and efforts in determining the cost variation for replacing the unit and outsourcing the task. D DEPUTY POLICE CHIEF At the August 10, 2004 Village Board Meeting, the Village Board approved a motion to maintain the position of Deputy Police Chief as "unfilled" until such time as a permanent Police Chief is appointed. Therefore, with the appointment of Chief VILLAGE OF OAK BROOK Minutes Page 9 of 13 August 23, 2005 Sheahan as the permanent Chief of Police, the position of Deputy Police Chief has been placed on the Village Board Agenda to authorize the Village Manager to re- establish the post. Thereafter, Chief Sheahan may fill the post as outlined in the Village Code. President Quinlan explained that the current Board of Trustees has re- established the Village Manager's authority for hiring and firing decisions throughout the Village and this position which had been specifically addressed by the previous Board and the current Board wants to declare that this position be reinstated. Trustee Aktipis wished to enthusiastically endorse the reinstatement of this position, although he participated in the decision that this position be put on hold until a new permanent Chief of Police was on board, that he now has full confidence in the new Chief of Police. Trustee Craig concurred Trustee Sanford asked that when an action that had been enacted by a previous Board was being reversed he would like time to review the history of the action in order to make an informed decision. He asked whether others on the Board had any concerns related to this particular action. Trustee Kennedy commented that he had reviewed this topic and has the opinion that it is imperative that the command structure of the Police Department be put back together after sixteen months of uncertainty. He indicated that he would support this action. However, he indicated that materials referred to a succession order which he did not want it assumed that his support of this action automatically supported the succession order. Trustee Yusuf agreed that this represented a key element in rebuilding the administrative structure of the Police Department He felt it was important to take this step and felt that the sooner it was done, the better. President Quinlan asked for a consensus of the Board. There was consensus of the Board to re- establish the post of Deputy Police Chief. The Village Manager was directed to direct the Chief of Police to fill the position of Deputy Police Chief. Chief Sheahan indicated that there would be an announcement the next day after he reviewed the candidates. He expressed his appreciation to the Board and indicated that the Police Department was ready to move forward. 10. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS President Quinlan described the process used for interviewing and determining the VILLAGE OF OAK BROOK Minutes Page 10 of 13 August 23, 2005 10. A. appointments to these committees. Trustee Aktipis questioned issues related to reappointments. President Quinlan suggested that the decisions of individuals who may or may not have chosen to continue should not be a topic of discussion. He indicated that every individual who expressed an interest in serving was given fair consideration. Trustee Kennedy indicated that the committee that met to interview the applicants spent a great deal of time and he was pleased with the choices made and extremely pleased with how smoothly the process went and the unanimity of the group 1) PLAN COMMISSION President Quinlan recommended the following appointments and reappointments to the Plan Commission for 3 Year Terms: • The reappointment of Marcia Tropinski (term expired May, 2005) to the Plan Commission, with her term expiring May, 2008. • The reappointment of Paul J. Adrian (term expired May, 2004) to the Plan Commission, with his term expiring May, 2007. • The reappointment of Gerald Wolin (term expired May, 2005) to the Plan Commission, with his term expiring May, 2008. • The appointment of Moin Saiyed (term expired May 2005) to the Plan Commission, with his term expiring May, 2008. • The appointment of Gopal Lalmalani (term expired May 2004) to the Plan Commission, with his term expiring May, 2007. • The appointment of Raju Iyer (term expired May 2003) to the Plan Commission, with his term expiring May, 2006. Trustee Manofsky called the question. Motion by Trustee Manofsky, seconded by Trustee Yusuf, to accept President Quinlan's recommendations for appointment to the Planning Commission for 3 Year Terms as follows: reappointment of Marcia Tropinski (term expired May, 2005) to the Plan Commission, with her term expiring May, 2008; reappointment of Paul J Adrian (term expired May, 2004) to the Plan Commission, with his term expiring May, 2007; reappointment of Gerald Wolin (term expired May, 2005) to the Plan Commission, with his term expiring May, 2008; appointment of Moin Saiyed (term expired May 2005) to the Plan Commission, with his term expiring May, 2008; appointment of Gopal Lalmalani (term expired May 2004) to the Plan Commission, with his term expiring May, 2007 and appointment of Raju Iyer (term expired May 2003) to the Plan Commission, with his term expiring May, 2006. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 11 of 13 August 23, 2005 10. 2) ZONING BOARD OF APPEALS President Quinlan recommended the following appointments and reappointments to the Zoning Board of Appeals for 5 Year Terms: • The reappointment of Champ Davis as Chairman (term expired November, 2005) to the Zoning Board of Appeals, with his term expiring November, 2010 • The reappointment of Steven S Young (term expired November, 2005) to the Zoning Board of Appeals, with his term expiring November, 2010. • The appointment of Jeff Bulin to fill vacancy (term expires November, 2007) to the Zoning Board of Appeals, with his term expiring November, 2007. • The appointment of Baker Nimry to fill vacancy (term expired November, 2005) to the Zoning Board of Appeals, with his term expiring November, 2010. • The appointment of Glenn Krietsch (term expired November, 2003) to the Zoning Board of Appeals, with his term expiring November, 2008. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to accept President Quinlan's recommendations for appointment to the Zoning Board of Appeals for 5 year terms as follows: reappointment of Champ Davis as Chairman (term expiring November, 2005), with his term expiring November, 2010; reappointment of Steven S. Young (term expiring November, 2005, with his term expiring November, 2010; appointment of Jeff Bulin to fill vacancy (term expires November, 2007), with his term expiring November, 2007; appointment of Baker Nimry to fill vacancy (term expiring November, 2005), with his term expiring November, 2010 and appointment of Glenn Krietsch (term expired November, 2003), with his term expiring November, 2008 VOICE VOTE Motion carried. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS — None presented. D. DISCUSSION OF FINANCING FOR THE 2006 INDEPENDENCE DAY CELEBRATION FIREWORKS Trustee Craig requested this topic be placed on the agenda for discussion. Trustee Craig commented that the fireworks display has become an important tradition in the Village and a large turnout for the event. His concern was where would the funds come from to pay for this event. He noted that one year a sponsor donated $855000 which is the approximate cost of running a first class event. He has researched how another non -home rule community paid for their events and reported that they used funds from the Hotel -Motel Tax that the Village collects. VILLAGE OF OAK BROOK Minutes Page 12 of 13 August 23, 2005 10. D. He offered that the Village of Oak Brook look into the debate as to whether this use of that tax was legal and also to seek sponsors for the event. Village Attorney Kubiesa in response to the question from President Quinlan indicated that in his opinion it was legal to use those funds for this type of event. President Quinlan asked Village Manager Boehm to discuss with the Oak Brook Hotel, Convention and Visitors Committee a program that might work. 11. INFORMATION & UPDATES: A. VILLAGE PRESIDENT — None presented. B. VILLAGE MANAGER Village Manager Boehm reported that the August, 2005 edition of Fire Chief Magazine, a national publication has a photo of our new Fire Chief which acknowledges his appointment to the position of Village of Oak Brook Fire Chief C. VILLAGE CLERK Village Clerk Gonnella provided information of the Autumn Festival. 12. ADJOURN TO CLOSED MEETING to discuss collective negotiating matters between the public body and its employees or their representatives 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 Craig, seconded by Trustee Sanford, to adjourn to Closed Meeting at 8:22 p.m. to discuss collective negotiating matters between the public body and its employees or their representatives 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, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent- 0 - None. Motion carried. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 9:00 p m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 13 of 13 August 23, 2005