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Minutes - 11/11/2003 - Board of TrusteesMINUTES OF THE NOVEMBER 11, 2003 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON NOVEMBER 25, 2003. 1. CALL TO ORDER: 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 7:35 p.m. It is noted for the record that due to the absence of the Village Clerk Linda Gonnella and Deputy Village Clerk Harty, Village Manager Boehm will act as Recording Secretary. The Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL Village Manager Boehm called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin and Asif Yusuf. ABSENT: Trustee Elaine Miologos. IN ATTENDANCE: Richard B. Boehm, Village Manager; Dale L. Durfey, Jr., Village Engineer; Bonnie Sartore, Bath & Tennis Club Manager and James Bodony, Acting Fire Chief. 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE President Quinlan and Trustee Craig paid tribute to those who have served this country in the military and asked for a moment of remembrance on this Veteran's Day. 4. CONSENT AGENDA: C. AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Craig, seconded by Trustee Korin, to approve the Consent Agenda as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf Nays: 0 - None Absent: 1 - Trustee Miologos. Motion carried. APPROVAL OF MINUTES A. 1) Regular Board of Trustees Meeting of October 28, 2003 REG MTG 10 -28 -03 VILLAGE OF OAK BROOK Minutes Page 1 of 7 November 11, 2003 NO 4. B. APPROVAL OF BILLS - $255,440.06 BILLS - $255,440.06 Significant items included above: 1) Water Resources, Inc. — Payout 47 — Automated Meter Reading Project - $123,200.00 2) James J. Benes & Associates — Payout #3 — 2004 Paving Project - $11,945.92 3) Dominic Fiordirosa Construction — Payout #1 — 2003 Water & Drainage Project - $44,885.79 C. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 25, PYRL - $650,137.53 2003 - $650.137.53 D. CHANGE ORDERS: None. CHNGE ORDRS E. REFERRALS: None. REFERRALS F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE BIDS, PROPS, NEG CONTRACTS: None. CNTRCTS G. MAYSLAKE SITE IMPROVEMENTS - WAIVER OF PERMIT FEES MYSLK WVR- AND BONDS FEES /BONDS H. ORDINANCE 2003- ZO- R -EX1 -S -1055, "AN ORDINANCE AMENDING ORD 03- ZO- R -EXI- S -1055, AMND ZNG THE ZONING DISTRICT MAP TO R -3 DISTRICT CONCERNING THE MAP TO R -3 - 3308 SHAH PROPERTY AT 3308 MIDWEST ROAD, OAK BROOK. MIDWEST RD ILLINOIS, 60523" I. ORDINANCE 2003- CD -BC -G -734, "AN ORDINANCE AMENDING ORD 2003- CD -BC -G- 734, AMND BLDG SECTION 10 -4 -1 OF CHAPTER 10 OF THE VILLAGE CODE OF THE REG & FEES VILLAGE OF OAK BROOK RELATING TO BUILDING REGULATIONS AND FEE SCHEDULE" J. ORDINANCE 2003 -TC -G -735, "AN ORDINANCE AMENDING ORD 03 -TC -G -735, AMND TRAFFIC SECTION 7 -2 -1, TRAFFIC SCHEDULES, OF THE VILLAGE CODE OF sCFIED- MADISON THE VILLAGE OF OAK BROOK, ILLINOIS — MADISON STREET" ST K. ORDINANCE 2003- ZO -TA -G -733, "AN ORDINANCE AMENDING ORD 03- ZO -TA -G- 733 - AMND ZNG CHAPTERS 2 AND 3 OF THE ZONING ORDINANCE OF THE ORD - STRCTR VILLAGE OF OAK BROOK, ILLINOIS — STRUCTURE HEIGHTS AND FIGHT & NAT GRND NATURAL GROUND LEVEL — CONTINUED FROM 10- 28 -03" LVL MYSLK SITE IMPR. L. MAYSLAKE SITE IMPROVEMENTS — DECLARATION OF - DECSTRMWTR STORMWATER FACILITIES EASEMENTS, COVENANTS, FACI EASE CONDITION S AND RESTRICTIONS VILLAGE OF OAK BROOK Minutes Page 2 of 7 November 11, 2003 5. ITEMS REMOVED FROM CONSENT AGENDA: None. 6. BOARD & COMMISSION RECOMMENDATIONS: None. 7. ACTIVE AGENDA (Items for Final Action A. CONFIRMATION OF APPOINTMENTS: None. B. ORDINANCES & RESOLUTIONS: None. C. AWARD OF CONTRACTS: 1) CONTRACT FIREFIGHTER/PARAMEDICS The contract for contract Firefighter /Paramedics was due for renewal on September 1, 2003. The 2003 -2004 contract amount provides for six contract firefighter /paramedics (FF/PM) at a base cost of $379,940 for the year ($63,323.33 each), as compared to the Village's current annual contract cost of $360,724 ($60,121 each). For this amount, PSI provides 24 -hour coverage 121.66 days per year, per contract employee, with each contract FF /PM working a 24 -hour on and 48 -hour off shift. This price also includes the associated costs of insurance, uniforms, fire gear, benefits, etc. The proposed 2003 base contract price reflects a total increase of 5.33 % over current fees. The increase is due to increased PSI costs for salaries (2.36 %) and insurance/benefits (2.97 %). As in previous contracts, PSI will insure that each new contract firefighter /paramedic successfully completes a thorough background investigation, a physical, and a drug screen. The 2003 Emergency Medical Services Program has $367,700 budgeted for contract firefighter /paramedic services. The 2004 budget will reflect the increase. In section 18: C of the current contract, there are provisions that provide PSI with the opportunity to request additional compensation from the Village based on the cost of PSI's employee benefit and operational costs. In June of 1989, at the direction of the President and Board of Trustees, Village Staff requested proposals from area contractors for contract paramedic service. Three proposals were received, and Paramedic Services of Illinois (PSI) was selected. On July 25, 1989 the Village VILLAGE OF OAK BROOK Minutes Page 3 of 7 ON November 11, 2003 RMVD C AGNDA BD /COMM RECOM ACTIVE AGENDA CNFRM APPTS ORD /RES AWARD CT CNTRCT FF/PARA 7. C. 1) established the policy of supplementing Village of Oak Brook firefighter /paramedic employees with contract firefighter /paramedics. PSI has provided the Village with this service for the past thirteen years. From 1989 through August of 1996, the Fire Department utilized three contract firefighter /paramedics. In August of 1996, following the retirement of two Village of Oak Brook firefighters, the Village Board authorized increasing the number of contract personnel from three to five; whereupon an unfair labor practice (ULP) was filed by Teamsters Local 714 on behalf of the Village firefighters and paramedics in their bargaining unit. Prior to adjudication, a labor agreement was reached. The terms of the agreement permit the Village to add additional contract firefighter /paramedics, providing the total number of bargaining unit members does not fall below 28 (two less than they had in 1995). On May 10, 1999 two contract firefighter /paramedics were added, bringing the total of contract firefighter /paramedics in Oak Brook to five. On February 1, 2000, pursuant to the Village of Oak Brook Five -Year Financial Plan, a sixth contract firefighter /paramedic was added. Paramedic Services of Illinois has 28 years experience in the business of contractual paramedic service, and has consistently provided good quality firefighter /paramedics to the Village of Oak Brook since 1989. Motion by Trustee Yusuf, seconded by Trustee Caleel, that based upon the established Village policy of supplementing Village of Oak Brook firefighter /paramedics with contract firefighter /paramedics the Board of Trustees adjust the compensation per section 18.B. of the contract with Paramedic Services of Illinois. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf Nays: 0 - None Absent: 1 - Trustee Miologos. Motion carried. D. AMENDMENTS TO SECTION 8 -5 -2.A -FEES AND CHARGES — AMND SEC 8 -5 -2.A FEES /CHRGES PW & PUBLIC WORKS AND SECTION 9 -7 -8.A — PERMIT FEES — SEC 9a -8.A PERMIT STORMWATER REGULATIONS FEES STRMWTR At the Board of Trustees meeting of October 28, 2003, recommended changes to the Fee Schedule in Chapter 10 — Building Regulations were approved and the Village Board authorized Village Attorney Kubiesa to prepare the necessary ordinance for final consideration at the November 11, 2003 Board of Trustees meeting. Part of that change was increasing the plan and application examination and review fee from $40.00 to $45.00. Since the Public Works section and the Stormwater Management section of the Village Code have similar $40.00 per hour plan review fees, and since it would be unreasonably cumbersome to have two sets of plan review charges VILLAGE OF OAK BROOK Minutes Page 4 of 7 November 11, 2003 a 7. D. to be administered by the Community Development Department, staff recommends that these two sections also be increased to the $45.00 per hour charge. Motion by Trustee Caleel, seconded by Trustee Korin, to approve the recommended changes to Section 8 -5 -2.A and Section 9 -7 -8.A and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the November 25, 2003 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf. Nays: 0 - None Absent: 1 - Trustee Miologos. Motion carried. E. 31" STREET BICYCLE /PEDESTRIAN PATH — AMENDMENT NO I 31- ST. BYCLE/PED TO PHASE II ENGINEERING SERVICES AGREEMENT TO E N G S z- AMND TO SERV At a November 18, 2002 meeting between the DuPage County Division of Transportation, Civil Tech Engineering, and the Village of Oak Brook, the County required that the plans be revised such that the existing 31 st Street bituminous shoulder was to be removed and replaced with a Type B -6.18 concrete curb and gutter between Trinity Lane and St. Paschal Drive. At the time of the request, Civil Tech had already submitted pre -final plans and bidding documents to IDOT for review and approval. Subsequent to that meeting, Civiltech submitted a request to IDOT and received their approval for this change in the plans. Due to the County's request, Civiltech expended additional man -hours modifying the vertical geometry of the proposed bike path and modifying the cross - section sheet, landscaping sheet, and summary of quantities sheet. For this additional work, Civiltech has prepared Amendment No. 1. Staff has reviewed it and found it to be identical to the form of amendment which was done for the Phase I contract for this same project. The Village requested that DuPage County pay for this additional cost since the additional work was outside the original scope of the engineering contract and since DuPage County required it. Unfortunately, the County has responded in writing that they are rejecting our request for reimbursement. Motion by Trustee Caleel, seconded by Trustee Korin, to approve Amendment No. 1 to the Preliminary Engineering Services Agreement for Federal Participation in the 31St Street Bicycle/Pedestrian Path. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 5 of 7 November 11, 2003 7. E. Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusu£ Nays: 0 - None Absent: 1 - Trustee Miologos. Motion carried. 8. INFORMATION & UPDATES: INFO & UPDATES A. VILLAGE PRESIDENT: No report was given. B. VILLAGE MANAGER: Village Manager Boehm reported on the Taking Care of Business Day offered by the Village. Trustee Caleel asked about the obstructing berm at the intersection of Spring Road and Oak Brook Road. He added that he felt it was a dangerous situation and that he had a number of residents ask about it. Village Engineer Durfey responded that the County had been contacted and the County felt that it was marginally within specifications but the Village indicated that they felt it was inadequate. Trustee Yusuf asked residents to rake their leaves onto the grass, not into the street. As a result of the recent rains, leaves that had been swept into the street were clogging the Stormwater sewers thus causing quite a mess. C. VILLAGE CLERK: No report was given. VLLG PRES VLLG MGR VLLG CLK 9. ADJOURN TO CLOSED SESSION ADJRN TO CLSD MTG 1) To consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2) To consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. 3) 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. 4) To discuss the selection of a person to fill a public office, including a vacancy in a public office, when the public body is given the power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is VILLAGE OF OAK BROOK Minutes Page 6 of 7 November 11, 2003 0 9. given power to remove the occupant under law or ordinance. President Quinlan informed the public that there was possible expected action to occur after the closed session meeting. Motion by Trustee Caleel, seconded by Trustee Korin, to consider 1) the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity; 2) litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent; 3) the 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 at 7:50 p.m. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Yusuf. Nays: 0 - None Absent: 1 - Trustee Miologos. Motion carried. The meeting reconvened at 8:31 p.m. RECONVENED President Quinlan recommended the appointment of Edward Nielsen to APPNTMNT- the Board of Fire and Police Commissioners for a term to expire May, EDWD. NIELSEN - BD OF FIRE & 2004. POLICE COMMISSIONSERS Motion by Trustee Craig, seconded by Trustee Aktipis, to confirm the appointment of Edward Nielsen to the Board of Fire and Police Commissioners for a term to expire May, 2004. VOICE VOTE 10. ADJOURNMENT: ADJRN Motion by Trustee Yusuf, seconded by Trustee Craig, to adjourn the meeting at 8:33 p.m. VOICE VOTE: Motion carried. ATTEST: R t3. Boehm Village Manager VILLAGE OF OAK BROOK Minutes Page 7 of 7 November 11, 2003