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R-916 - 07/26/2005 - BOARD - Resolutions Supporting DocumentsPGA v , v o G VQc�_ of qk rte, • Co U NT0, o IVOR Ite 6-G. m I I'm, AGENDA ITEM Regular Board of Trustees Meeting of July 26, 2005 SUBJECT: Release of Closed Meeting Minutes to the General Public from January, 2005 through June, 2005 FROM: I Linda K. Gonnella, Village Clerk BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Resolution 2005 -BD -CL -MIN -E 9169 A Resolution Approving the Release of Closed Meeting Minutes Background /History: sm Effective January 1, 1982 ILCS 120/2 06 required that all public bodies shall keep I written minutes of all their meetings, whether open or closed The public body shall periodically, but no less than I semi-annually, meet to review minutes of all closed sessions that had not been released to the public At this time, it is recommended that these minutes be released Upon review of the minus es, it should be determined and reported in open session whether the need for confidentiality still exists as to all or parts of those minutes or whether the minutes no longer require confidential treatment and should be available for public inspection. Attached are the Closed Meeting minutes of January through June, 2004 which have been reviewed by Attorney Kub> esa and O'Connell and items still pending and requiring continued confidentiality have been redacted Recommendation: That the Board approve Resolution 2005 -BD-CL-MIN-EX I -R-916, A Resolution Approving the Release of Closed Meeting Minutes from January, 2005 through June, 2005 Last saved by administrator C \Documents and Settings\Igonnell\My Documents \Board \Closed Minutes \Resolution to Release Closed Minutes AGENDA ITEM doc Last piinted 7/19/2005 1 15 I'M z 0 E items on the Consent Agenda are considered to be routine in nature and will cted in one motion. riistee Aktipis requested that Agenda Item 6. G. A Resolution Approving the losed Meeting Minutes be removed from the Consent Agenda for further disc )tion by Trustee Sanford, seconded by Trustee Kennedy, to approve the ,enda and authorize expenditures as amended. ROLL CALL VOTE: 'es: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. ys: 0 - None. sent: 0 - None. Motion carried. elease of ,5ion. Consent ;sident Quinlan announced, with the approval of the Consent Agenda, that the Village Oak Brook now has a Deputy Fire Chief position which has been awarded by Fire ief James Bodony to Battalion Chief Thomas McEllin. Battalion Chief Thomas Ellin thanked the Board of Trustees for this appointment. President Quinlan indicated that a swearing in ceremony for the Deputy Fire Chief would be announced, as this is one event that honors the public safety officers for the Village A! Accounts Payable for Period Ending July 22, 2005 - $607,718.07 Significant Items included in Above: 1) DuPage Water Commission - $266,017.94 2) James J. Benes & Associates — Payout #9 — 2005 Paving Project - $15,33: 3) Alvord, Burdick & Howson, L.L.C. — Payout #2 — Water Rate Study - $8, B. Approval of Payroll for Pay Period Ending July 16, 2005 - $724,072.51 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2005 Water Main Project — Avenue Barbizon (Ave Cherbourgh to Ave Normandy) E. Budget Adjustments 1) Engineering F. Treasurer's Report — June 30, 2005 H. An Ordinance Amending Sections 1 -5A -4, 1 -7 -3, 1 -7 -5 and 1 -7 -7 of (Administration) of the Village Code of the Village of Oak Brook with Respe Purchasing Authority of the Village Manager. I. An Ordinance Creating the Position of Deputy Fire Chief in the Village of Oa Fire Department J. Central Blacktop Co., Inc. — Change Orders No. 3 & 4 — 2005 Paving Project $5,713.15 K. Request Waiver of Fees — Christ Church of Oak Brook L. An Ordinance Amending the 2005 Budget 7. ITEMS REMOVED FROM CONSENT AGENDA: �GE OF OAK BROOK Minutes Page 2 g of 8 .23 157.90 Title 1 A to the Brook July 26, 2005 7. G. A Resolution Approving the Release of Closed Meeting Minutes rustee Aktipis stated his concern of the version of the minutes of the January losed Meeting that are being released. He pointed out that the entire transcri lmhurst Builders litigation has been redacted from the minutes. He suggested t ie reasons for closed sessions are no longer present that the Board is obligate Isis of the Open Meetings Act to make certain that the information is released ;sidents have the ability to review the Board's actions. He asked the Village Ad whether this complete redaction of the minutes relative to the Elmhurst Builc .olation of the Open Meetings Act in view that the Elmhurst litigation r rminated and they have withdrawn all of their claims against the Village of Oak orney Kubiesa explained that the litigation has not concluded as there is still tions in which Trustee Aktipis has brought the motions, therefore, it is still I should not be released at this point in his opinion. ident Quinlan asked for a motion to approve Agenda Item 6. G. as presented. 752005 t of the iat once on the and the )rney as ;rs is in is been 3rook. pending pending Motion by Trustee Kennedy, seconded by Trustee Yusuf to approve Agenda Item I6. G., A Resolution Approving the Release of Closed Meeting Minutes. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. BOARD & COMMISSION RECOMMENDATIONS – None presented. UNFINISHED BUSINESS: A. B. C. CONFIRMATION OF APPOINTMENTS – None presented. ORDINANCES & RESOLUTIONS – None presented. AWARD OF CONTRACTS 1) BANKING SERVICES In 1999, as a result of a competitive request for proposal process, the (Village Board entered into a contract with American National Bank (subsequently Bank One) for banking services and credit card processing and Oak Brook Bank for custodial services. The initial contracts were for three years, with the I illage electing two subsequent option years as a result satisfactory performance by the banks. Due the expiration of the five year agreement originally contemplated, the Village Board authorized issuance of a request for proposal for banking services. 691-1 OF OAK BROOK Minutes Page 3 of 8 July 26, 2005 MINUTES OF THE JANUARY 17, 2005 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON APRIL 26, 2005 1 CALL TO ORDER The Closed Meeting of January 17, 2005 was called to order by President Quinlan at 9 18 p m in the Upper Level Conference Room of the Butler Government Center 2 ROLL CALL Deputy Village Clerk Carol Harty called the roll with the following persons PRESENT President Kevin Quinlan, Trustee s'Stehos Aktipis, George Caleel, John W Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis ABSENT None IN ATTENDANCE Richard B Boehm, Village Manager, Jeffrey Moline, Assistant Village Manager, Kenneth T Kubiesa, Village Attorney and Gary Taylor, Attorney from Rathje and Woodward 3 UNFINISHED BUSINESS Village of Oak Brook Closed Session Minutes Page 1 of 4 January 171, 2005 3 b 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 ' Villa I of Oak � i 3 1 b a To consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body Village Manager Boehm explained the 3 5% merit increase for the Village employees in the Salary Pay Plan is based on their performance moving through the ranges The Board discussed this issue in which two - thirds of the employees would be receiving this increase as staff has proposed the cap be raised to 8 5% An employee would not move through the grades in five years but in eight years It was a consensus of the Board of Trustees that the merit increase be 3 5% with a total 8 5% maximum salary adjustment c To set a price for the sale or lease of property owned by the public body President Quinlan explained that two lots remain in Westchester Park I The Board discussed the proposed purchase of Lots 1 and 2 at Westchester Park It was the consensus of the Board to accept a minimum bid of $1,050,000 for Lots 1 and 2 of Westchester Park and directed Manager Boehm to negotiate with the two parties currently interested 4 ADJOURNMENT Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn the meeti i g at 11 57 p m to the special meeting DepLity Village Clerk illaRe of Oak Iii ook Closed Session Minutes Page 4 of 4 January 171, 2005 MINUTES OF THE FEBRUARY 22, 2005 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON APRIL 26, 2005 1 CALL TO ORDER The Closed Meeting of February 22, 2005 was called to order by President Quinlan at 9.13 pm. in the Upper Level Conference Room of the Butler Government Center 2 ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT. President Kevin Quinlan, Trustees Stelios Aktipis, George Caleel, John W Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis ABSENT None IN ATTENDANCE Richard B Boehm, Village Manager, Jeffrey Moline, Assistant Village Manager, Kenneth Kubiesa and Harlan Spiroff, Village Attorneys and Jim Baird, Seyfarth & Shaw 3 NEW BUSINESS a. Collective negotiating matters between the public body and its empl6yees or their representatives Village Manager Boehm explained to the Board of Trustees I that management has reached a tentative agreement with the Fraternal Order of Police on some of the matters Attorney Jim Baird presented the open issues to the Board including the potential to resolve a grievance It was the consensus of the Board to continue the employee merit system with a 5% increase for excellent, 4% for above average and 3% meets standards, adjust the pay rate for 2004 and beyond with a one time increase of $2,400 and no back pay for 2004 with the pay rate adjustment based on a '8 5% cap for a four year contract 4 ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the me 9 58 p m to the special meeting ATTEST r7l, OIL Lind'a K Gonnella, CMC Village Clerk Village of Oak Brook Closed Session Minutes Page 1 of 1 February I ig at . 2005 ON 3 MINUTES OF TIIE MARCH 16, 2005 CLOSED MEETIN THE PRESIDENT AND BOARD OF TRUSTEES OF VILLAGE OF OAK BROOK REVIEWED BY THE VILI BOARD ON APRIL 26, 2005 CALL TO ORDER The Closed Meeting of March 16, 2005 was called to order by President C at 10 34 p in in the Upper Level Conference Room of the Butler Gove Center ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT President Kevin Quinlan, Trustees Stelios Aktipis, George C John W Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT None IN ATTENDANCE Richard B Boehm, Village Manager, Jeffrey M, Assistant Village Manager and Harlan Spiroff, Village Attorney UNFINISHED BUSINESS OF GE t eel, line, a To consider the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body I To Discuss Police Chief Employment Contract Consensus of the Board of Trustees to direct the execution of an employment agreement with Thomas Sheahan as the Chief of Police to be ratified at the regularly scheduled Board of Trustees meeting of March 22, 2005 to be sworn by the Village Clerk on March 21, 2005 and fax a copy of the amended agreement to the entire Board of Trustees The Board will see the amended contract prior by execution by the Village Manager Villap-e, of Oak Brook Closed Session Minutes Page 1 of 2 March 1612005 3 b To discuss minutes of meetings whether lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, for semi- annual review of the minutes as required by the Open Meetings Act 4 Minutes were not addressed at this time but the Village Clerk reminded the Board that the members should speak one at a time so that the recording is clearly defined of the subject matter being addressed by each member ADJOURNMENT. Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 11 01 p m to the special meeting ATTEST ST Linda K Ciormella, C:MU Village Clerk V fflapj of Oak Bi ook Closed Session Minutes Page 2 of 2 Mai ch IN 2005 0 MINUTES OF THE MARCH 29, 2005 CLOSED MEETIN THE PRESIDENT AND BOARD OF TRUSTEES OF VILLAGE OF OAK BROOK REVIEWED BY THE VILI BOARD ON APRIL 2652005 1 CALL TO ORDER I 3 Village Clerk Gonnella requested a motion from the floor to appoint Caleel as Acting Chairman in the absence of President Quinlan OF GE Motion by Trustee Aktipis, seconded by Trustee Yusuf, to appoint Trustee C�aleel as Acting Chairman in the absence of President Quinlan VOICE VOTE- Motion carried The Closed Meeting of March 29, 2005 was called to order by Chairman Caleel at 7 50 p m m in the Upper Level Conference Room of the Butler Government Center ROLL CALL. Village Clerk Linda Gonnella called the roll with the following persons PRESENT Trustees Stelios Aktipis, George Caleel, John W Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT None IN ATTENDANCE Jeffrey Moline, Assistant Village Manager; Harlan Spiroff, Village Attorney and James De Ano, Attorney UNFINISHED BUSINESS a To consider the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body The Board reviewed the draft employment agreement for Thomas Sheahan as the new Chief of Police It was a consensus of the Board of Trustees to strike the word "hearing" from Paragraph 2 of the agreement, outside activities as indicated in Paragraph 3 must be given to the Board for approval, Paragraph 4 state to cap the SLEP contribution to equal IMRF contribution and Paragraph 11, after the current contract expires, it would continue on a month to month basis until a new contract is negotiated or a successor is named or a new contract is entered into. Village Attorney Spiroff exited the meeting t 8 17 p m Attorney J De Ano entered the closed meeting at 8 17 p m j b 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 Village of Oak Biooh Closed Session Minutes Page l oft r Mai ch 29:. 2005 3 b 4 ADJOt Motion 910pI ATTEST Linda K Gonn Village Clerk Villae g of Oak Brook Closed Session Minutes Page 2 oft March 2S . 2005 MINUTES OF THE APRIL 26, 2005 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON JULY 12, 2005. 1 CALL TO ORDER The Closed Meeting of April 26, 2005 was called to order by President Quinlan at 8 50 p m in the Upper Level Conference Room of the Butler Government Center 2 ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT- President Kevin Quinlan, Trustees Stelios Aktipis, George Calleel, John W Craig, Susan Chase Korin, Asif Yusuf and Elaine Zanriis ABSENT None IN ATTENDANCE Richard B Boelun, Village Manager, Jeffrey Molline, Assistant Village Manager and Harlan Spiroff, Village Attorney 3. NEW BUSINESS. a Collective negotiating matters between the public body and its employees or their representatives 1) Collective Bargaining Agreement with the Fraternal Order of Police Village Manager Boehm explained that Mr Baird of Seyfarth & Shaw, representing the Village, did a thorough presentation of the Village's position in the negotiating process He explained the Village's recommendation of an 8 5% cap for employees moving through the range This would be a base salary increase plus the merit raise per year Assistant Village Manager Moline explained that 44% of the employees would receive the 8 5% The proposed agreement is for four years The Board then discussed the proposed agreement Trustee Aktipis suggested that any vacant positions not be filled unless the Village has the funding for them It was the consensus of the Board of Trustees to accept the proposed agreement Village of oak Brook Closed Session Minutes Page ] of 2 IN April 260 2005 0 i 31 b To consider the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body 1) Discussion of Village Manager Contract It was the consensus of the Village Board of Trustees to concur President Quinlan's recommendation of an employment agreement Village Manager Richard Boehm of a 4% salary increase to $119,140 a merit bonus of $3,000 th th 2) Amendment to the 2005 Salary Plan and Salary Administration Policy It was a consensus of the Board of Trustees to concur with the recommendation from staff to amend the 2005 Village of Oak Brook Salary Plan and Salary Administration Policy c To discuss minutes of meetings whether lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, for semi - annual review of the minutes as required by the Open Meetings Act 1) Minutes of the Closed Meeting of January 17, 2005 2) Minutes of the Closed meeting of February 22, 2005 3) Minutes of the Closed Meeting of March 16, 2005 4) Minutes of the Closed Meeting of March 29, 2005 Trustee Aktipis requested that the Minutes of the January 17, 2005 Closed Board Meeting be revised He submitted a three -page amendment to the Village Clerk under Agenda Item 3 B litigation Trustee Korin requested- that the Minutes of the March 16, 2005 Closed Meeting be corrected under Agenda Item 3 A I To Discuss Police Chief Employment Contract. The Board reviewed the remainder of the closed meeting minutes ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Caleel, to adjourn the meeting at 9 25 p m to the special meeting ATTEST Linda K Gomiella, CMC Village Clerk Village of oak Biook Closed session Minutes C� Page 2 of 2 App it 26, 2005 2 3 MINUTES OF THE MAY 10, 2005 CLOSED MEETfNGI OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON JULY 12, 2005. CALL TO ORDER The Closed Meeting of May 10, 2005 was called to order by President Quinlan at 7 3 8 p in in the Upper Level Conference Room of the Butler Government Center ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT President Kevin Quinlan, Trustees Stelios Aktipis, John W Craig, Jeffrey Kennedy, Kathryn Manofsky, Robert Sanford and Asif Yusuf ABSENT. None IN ATTENDANCE Richard B Boehm, Village Manager and Kenneth T Kubiesa, Village Attorney Village Clerk Gonnella requested a consensus to appoint a Temporary Chairman in the absence of President Quinlan It was a consensus of the Board of Trustees to appoint Trustee Kennedy as the Temporary Chairman of the closed meeting UNFINISHED BUSINESS a 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 Village of L� b To consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body President Quinlan had previously announced in the regular Board meeting Ithat this agenda item would not be discussed at this time as he will discuss this item with each individual Trustee 4 I ADJOURNMENT- Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the meeting at 10 33 p in to the regular meeting ATTEST I Linda K Gonnella, CMC Village Clerk Village of Oak Brook Closed Session Minutes Page 2 oft May 10, 2005 r 0 I 3 0 MINUTES OF THE JUNE 14, 2005 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON JULY 12, 2005 i CALL TO ORDER I The Closed Meeting of June 14, 2005 was called to order by President Quinlan at 9 57 p m in the Upper Level Conference Room of the Butler Government Center ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT Trustees Stelios Aktipis, John W Craig, Jeffrey J Kennedy, Kathryn F Manofsky and Robert G Sanford ABSENT Trustee Asif Yusuf IN ATTENDANCE Richard Boehm, Village Manager NEW BUSINESS a To consider the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Manofsky, to adjourn the meeting at 10 24 p m to the special meeting ATTEST Linda K Gonnella, CMC Village Clerk Village of Oak Brook Closed Session Minutes Page ] of 1 June 141, 2005