G-787 - 07/26/2005 - PERSONNEL - Ordinances Supporting Documents' Item 9.D.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 12, 2005
SUBJECT: Reconsideration of Village Manager's Spending Authority
FROM: Kevin Quinlan, Village President
BUDGET SOURCE /BUDGET IMPACT:
RECOMMENDED MOTION: I move to direct the Village Attorney to prepare an
ordinance increasing the Village Manager's Spending Authority from $5,000 to $10,000
and return said ordinance for consideration at the Board's July 26, 2005 meeting.
Backtiround /History:
The matter of restoring the Village Manager's authority was discussed at the June 14, 2005
Board of Trustees meeting. At that time the Board approved restoring the Manager's hiring
authority but continued its consideration of restoring the spending authority. Trustee Sanford
asked that the Board be allowed to explore the matter further and to determine from past Board
members their reasoning behind the limitation. Trustee Sanford has relayed his findings to
President Quinlan and is of the opinion that the matter has been researched and that research has
shown that it is the best interest of the Village to restore the Village Manager's spending
authority.
Recommendation:
It is recommended to direct the Village Attorney to prepare an ordinance increasing the Village
Manager's Spending Authority from $5,000 to $10,000.
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Ayes- 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays- 0 - None.
Absent 0 - None Motion carried
2) MICROFILM /ELECTRONIC SCANNING
Two sealed bids were opened on Wednesday, June 22, 2005 Bid packages were
sent to three companies The low bidder, Microsystems, Inc, will not increase
their pricing for years two and three of the contract Staff has received good
references for Microsystems, Inc
The State of Illinois requires the retention of Village records by hard copy,
microfilming, or scanning The period of required retention varies based on the
type of document. The Village only microfilms /scans those items that are
required to be maintained for greater than three years Shorter -term documents
are stored then disposed of as permitted by the State
Since 1991 the Village has been in the process of microfilming Village records.
Village departments that microfilm records include Administration, Engineering,
Finance, Purchasing, Legal, Library, and Police In 2004 the Village Clerk's
office also began to scan permanent records into electronic storage. The digital
scanning of records will continue in the Village Clerk's office and will also begin
in the Community Development, Fire and Police Departments. Technology is
constantly changing and most microfilming companies have changed to digital
scanning of documents for storage
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
award a three year contract, subject to staff review, to the lowest responsive and
responsible bidder, Microsystems, Inc 625 Academy Drive, Northbrook, Illinois,
60062, based on unit prices as indicated in the attached bid tabulation for
Microfilm /Electronic Scanning Services. ROLL CALL VOTE.
Ayes 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf
Nays 0 - None
Absent 0 - None. Motion carried
"CONSIDERATION OF VILLAGE MANAGER'S SPENDING AUTHO
The matter of restoring the Village Manager's authority was discussed at the June 14,
2005 Board of Trustees meeting At that time the Board approved restoring the
Manager's hiring authority but continued its consideration of restoring the spending
authority Trustee Sanford asked that the Board be allowed to explore the matter
further and to determine from past Board members their reasoning behind the
limitation Trustee Sanford has relayed his findings to President Quinlan and is of the
VILLAGE OF OAK BROOK Minutes Page 4 of 11
July 12, 2005
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opinion that the matter has been researched and that research has shown that it is the
best interest of the Village to restore the Village Manager's spending authority
Trustee Sanford explained that the Board of Trustees each receives a weekly check
register of all checks that are issued Therefore, the Board is aware of items being
purchased
Motion by Trustee Sanford, seconded by Trustee Yusuf, to direct the Village
Attorney to prepare an ordinance increasing the Village Manager's Spending
Authority from $5,000 to $10,000 and return said ordinance for consideration at the
Board's July 26, 2005 meeting. ROLL CALL VOTE:
Ayes- 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays 0 - None
Absent 0 - None Motion carried
E RATIFICATION OF SETTLEMENT AGREEMENT
In the matter generally known as Quinlan v Aktipis a settlement was reached at the
beginning of June regarding the attorney fees. The four Trustees who could settle this
matter all agreed and signed a document authorizing the Village Attorney to prepare a
Settlement and Order of Dismissal This matter is now before the Board for
ratification.
Trustee Kennedy announced that the Village has settled two of the five major pieces
of litigation. He indicated the Elmhurst Builders case involving the property at York
and Roosevelt Roads where the motion for judgment on the pleadings, prepared by
the attorney, were so convincing that the plaintiff voluntarily dismissed the lawsuit
for several million dollars The second case settled is the Police Chief litigation that
had been litigated for one year The case was mooted when Judge Bonnie Wheaton
entered a preliminary injunction last October regarding the appointment of the
Temporary Police Chief It was then mooted when Thomas Sheahan was appointed
and confirmed as the permanent Police Chief. The only issues remaining in the case
following the Chief's appointment was the attorney fees which have now been
resolved Judge Wheaton made it clear what she was going to award to the two or
three sets of attorneys involved in the case Only four Trustees were qualified to
consider that issue which were Trustees Kennedy, Manofsky, Sanford and Yusuf as
the other members of the Board of Trustees were parties to the litigation which were
President Quinlan, Trustees Aktipis and Craig and they could not participate in that
decision The four Trustees concurred unanimously to confer on Village Attorney
Kubiesa the authority to resolve the case on the best basis possible. The case was
settled for less than what Judge Wheaton was prepared to award The three sets of
attorney fee petitions amounted to approximately $185,000 $97,500 will be paid to
two of the firms while one firm does not receive anything based upon Judge Bonnie
Wheaton's ruling that their petition was improper and filed late The settlement
VILLAGE OF OAK BROOK Minutes Page 5 of 11 July 12, 2005
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Item 6.H.
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 26, 2005
SUBJECT: Revision of Village Manager Purchasing Authority
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT:
RECOMMENDED MOTION: I move for passage of Ordinance 2005 -PL -G -787, An
Ordinance Amending Sections 1 -5A -4, 1 -7 -3, 1 -7 -5 and 1 -7 -7 of Title 1 (Administration) of
the Village Code of the Village of Oak Brook with Respect to the Purchasing Authority of
the Village Manager.
Background /History:
Pursuant to Village Board direction, attached please find an Ordinance which restores the Village
Manager's authority in relation to purchases and contracts. Limitations were placed on these
powers with Ordinance 2004 -PL -G -768, passed on December 14, 2004.
Recommendation:
I recommend that this ordinance be passed.
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6. All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Aktipis requested that Agenda Item 6. G. A Resolution Approving the Release of
Closed Meeting Minutes be removed from the Consent Agenda for further discussion.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
President Quinlan announced, with the approval of the Consent Agenda, that the Village
of Oak Brook now has a Deputy Fire Cluef position which has been awarded by Fire
Chief James Bodony to Battalion Chief Thomas McEllin. Battalion Chief Thomas
McEllin 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 - $15,331.23
3) Alvord, Burdick & Howson, L.L.C. — Payout #2 — Water Rate Study - $8,257.90
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
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 Title 1
(Administration) of the Village Code of the Village of Oak Brook with Respect to the
Purchasing Authority of the Village Manager.
I. An Ordinance Creating the Position of Deputy Fire Chief in the Village of Oak Brook
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:
LLAGE OF OA BROOK Minutes Page 2 of 8 July 26, 2005
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE: July 27, 2005
TO: Department Heads
FROM: Richard B. Boehm, Village Manager
SUBJECT: Purchasing Authority of Village Manager
The Village Board, at its meeting of July 26, 2005, approved Ordinance G -787 which raises the Village
Manager's purchasing authority from $5,000 to $10,000.
Please advise the appropriate members of your staff of this change.
If you have any questions, please contact me.
/mr
cc: Rania Serences, Purchasing Clerk
rb - memo purchasing authority doc