Minutes - 01/10/2006 - Board of Trustees0
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MINUTES OF THE JANUARY 10, 2006 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
JANUARY 24, 2006.
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 7:31
p.m. The Pledge of Allegiance was given.
ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf.
ABSENT: Trustee John W. Craig
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Margaret O'Connell, Assistant Village Attorney; Dale L.
Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information
Services & Purchasing; Michael J. Meranda, Public Works Director;
Thomas Sheahan, Chief of Police; Ejaz Khan, Information Systems
Specialist and James Fox, Information Services Technician.
PRESIDENT'S OPENING COMMENTS
President Quinlan reported on the strides made to reach out to the community, particularly
within the Police Department which includes the Child Lures Program and an Internet
Safety program in conjunction with School District 53. He indicated that the Police
Department wants to expand the exposure of these programs and will be contacting
Homeowners' Association presidents to set up alternative times for children who do not
attend District 53 schools. He added that the Oak Brook Public Library will maintain this
information for public use.
President Quinlan informed the group of awards that were going to be presented at the
next Board of Trustees Meeting.
He reported that the Village was in discussions with the state regarding the widening of
22nd Street and the I -88 bridge. He felt that working with legislators in Springfield to get
this accomplished would be a first step in the Commercial Revitalization Project.
President Quinlan indicated that at the next meeting the Board would discuss the
rescheduling of the March 28, 2006 Board of Trustees Meeting due to a conflict with
spring break. He asked for public commentary at the next meeting if this affected anyone.
VILLAGE OF OAK BROOK Minutes Page 1 of 13 January 10, 2006
4. RESIDENT /VISITOR COMMENT
5.
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Mr. John Crow of Cisco Systems addressed the Board again regarding the
Telecommunications System Replacement. Mr. Crow reiterated the benefits of the Cisco
system and the downside of the recommended system in his opinion.
APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF DECEMBER 5, 2005 —
BUDGET WORKSHOP
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Minutes of
the December 5, 2005 Special Board of Trustees Meeting — Budget Workshop as
amended with minor scrivener errors. VOICE VOTE: Motion carried
B. SPECIAL BOARD OF TRUSTEES MEETING OF DECEMBER 13, 2005 —
PUBLIC HEARING
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve the Minutes of
the December 13, 2005 Special Board of Trustees Meeting — Public Hearing as
presented. VOICE VOTE: Motion carried
C. REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 13, 2005
Trustee Aktipis asked for an amendment to page 9, Item 9.C.2) stating that "and it was
agreed that the Village Attorney would provide an opinion as soon as possible."
Motion by Trustee Manofsky, seconded by Trustee Aktipis, to approve the Minutes of
the December 13, 2005 Regular Board of Trustees Meeting as amended. VOICE
VOTE: Motion carried.
CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Manofsky asked that Agenda Item 6.A.2.b) be removed — Payout - Kubiesa,
Spiroff, Gosselar & Acker, P.C, - Legal Services - $22,558.42 for further discussion.
Trustee Aktipis asked that Agenda Item 6.H. be removed - Amendment to Grant of
Sidewalk Easement and Termination of Existing Easements — McDonald's Spring Road
Development for further discussion.
VILLAGE OF OAK BROOK Minutes Page 2 of 13 January 10, 2006
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7.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 — Trustee Craig. Motion carried.
A. Accounts Payable
1) Ratification of Period Ending December 29, 2005 - $643,568.15
Significant Items included in Above:
a. DuPage Water Commission - $133,913.48
2) Period Ending January 6, 2006 - $230,922.90
Significant Items included in Above:
a. Legat Architects - Payout # 2 — HVAC Screening Project - $14,875.76
B. Approval of Payroll
1) Pay Period Ending December 17, 2005 - $645,930.96
2) Pay Period Ending December 31, 2005 - $654,217.57
C. Community Development Referrals
1) Christ Church of Oak Brook — Special Use Amendment and Variation
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Parkway Trees
2) 2006 Paving Project
E. Budget Adjustments
1) Police Department — Training
2) Engineering Department — Overtime
3) Engineering Department — Engineering Services
F. Treasurer's Report —November 30, 2005
G. Forest Gate Subdivision — Approval of Remaining Items — Reduction in Remaining
Items Subdivision Security
I. Resolution for Maintenance of Streets and Highways by Municipality Under the
Illinois Highway Code for the 2006 MFT Crack Seal Project
J. Amendments to Section 8 -5 -2.A and Section 9 -7 -8.A — Fees and Charges - Public
Works and Stormwater Management
K. Change Order #1 — 2005 Water Main Project - $2,540.40
L Request Waiver of Fees — Christ Church of Oak Brook — 501 Oak Brook Road
ITEMS REMOVED FROM CONSENT AGENDA
6.A.2)
b. Kubiesa, Spiroff, Gosselar & Acker, P.C, - Legal Services - $22,558.42
Trustee Manofsky indicated that she would like to vote against this payout
because she felt that there was some misuse of public funds. President Quinlan
asked if there was a specific concern and she responded that it was a legal issue
which could not be addressed publicly.
VILLAGE OF OAK BROOK Minutes Page 3 of 13 January 10, 2006
7. 6.A.2)b.Motion by Trustee Kennedy, seconded by Trustee
Sanford, to approve Item 6.A.2)b., Kubiesa, Spiroff, Gosselar & Acker, P.C, -
Legal Services - $22,558.42. ROLL CALL VOTE:
Ayes: 5 — Trustees Kennedy, Sanford and Yusuf.
Nays: 2 - Trustees Aktipis and Manofsky.
Absent: 1 — Trustee Craig. Motion carried.
6. H. Amendment to Grant of Sidewalk Easement and Termination of Existing
Easements — McDonald's Spring Road Development
Trustee Aktipis indicated that the documents provided did not have the exhibits
attached and he was unable to make a determination without the exhibits to depict
the changes.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to continue Agenda
Item 6.H. - Amendment to Grant of Sidewalk Easement and Termination of
Existing Easements — McDonald's Spring Road Development to the January 24,
2006 Regular Board of Trustees Meeting. ROLL CALL VOTE.
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS — None presented.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS — None presented.
C. AWARD OF CONTRACTS
1) LANDSCAPE MAINTENANCE SERVICES
Six sealed bids were opened on Wednesday, December 21, 2005. References
submitted were reviewed by staff and were adequate. However, as with other
contracts of this type, the specifications allow the Village to cancel the contract if
the quality of work fails to meet expectations.
Services will include grass mowing, weeding, fertilization, weed control, light
pruning and plant bed cultivation. Areas to be maintained include: Butler
Government Center Complex, Public Works Building, Fire Station #2, Water
Pump Stations and Reservoirs, and various medians and parkways throughout the
Village. Also included is the maintenance of various County and State rights -of-
way. The contract will allow for additions or deletions of property during the
term.
VILLAGE OF OAK BROOK Minutes Page 4 of 13 January 10, 2006
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C.1) Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
award a three year contract to the lowest responsive and responsible bidder, A & B
Landscaping, Riverside, Illinois, subject to staff review, for the annual lump sum
prices and unit costs indicated on the bid tabulation for the various areas to be
maintained (2006 - $57,100, 2007 - $57,100, 2008 - $58,813.). ROLL CALL
VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 — Trustee Craig. Motion carried.
2) TELECOM & FIBER OPTIC PROJECT
The Village Board, at its meeting of June 28, 2005, approved contracts with TDSi
for telephone and fiber consulting services and authorized staff to obtain proposals
for telephone systems and fiber upgrades.
Exhibit #1 — Telecommunications System Replacement Project — Board
Presentation. This exhibit was prepared by TDSi to serve as an executive summary
for the entire project. It covers the selection process staff used to select TDSi as
the Village's consultant, their experience in providing these services, and the RFP
process used by the Village and TDSi to select both a telecommunications system,
as well as a contractor to upgrade our fiber optic wide area network (WAN) that
extends to the Village's outlying buildings.
This summary compares the costs associated with implementing the two primary
telecom technologies, VoIP Enabled PBX vs. a full VoIP System. As indicated in
the table on the second page there is a significant increase in project cost,
approximately $115,000, for the Village to go directly to a full VoIP system at this
time. In addition to the added cost for the telephone system, various buildings
would need improved cabling (parts of the Village Hall, Public Works and Fire
Station #2) and the entire network would require an upgrade at this time.
With the recommended VoIP Enabled PBX telephone system from Sound, Inc.,
the Village would receive all of the desired features (current and future), plus
avoid the added costs of implementing a full VoIP system.
Exhibit #2 — Fiber Optic, Network and Telecom Summary. The highlighted center
of the spreadsheet shows all of the work to be completed at this time. The items
proposed for approval at the December 13, 2005 meeting are so indicated. The
other items listed will either come back to the Board at a future meeting, be
approved by the Village Manager, or may not be needed.
Exhibit #3 — Fiber Optic Upgrades, and Exhibit #6 — Telecommunications System
Replacement, summarize the proposals received for each project and provide back-
up for the above recommendations.
VILLAGE OF OAK BROOK Minutes Page 5 of 13 January 10, 2006
9. C. 2)
Exhibit #4 — Expanded Implementation Assistance — Fiber Project. This proposal
from TDSi accounts for additional construction management work than was
anticipated when the original contract with TDSi was approved. It adds time for
more site inspections, punch list follow -up, responding to contractor questions and
an additional final inspection to verify all items have been completed correctly.
Exhibit #5 — Network Design - This proposal from TDSi will look at a number of
network operational and structural items including the redesign of the IP
numbering scheme and the interaction of software applications on the network. It
will also provide the Village with possible future improvements to the network
hardware and software. It is recommended that this work proceed concurrently
with the other project items listed.
Director of Information Services & Purchasing Kapff, brought the Board up -to-
date on this topic indicating that the recommendations are the same but that TDSi
has met with staff to review the proposals again to resolve any questions that there
might have been. In addition, TDSi has met with Trustees Aktipis and Yusuf to
respond to questions. He indicated that TDSi has prepared a summary of the
project and the selection process in order to simplify the topic. He introduced Tom
Wyman from TDSi who will go through that information and respond to any
questions.
President Quinlan reminded the Board that when the decision was made to hire
TDSi, there was a great amount of time invested in research by the Board and staff
to determine who the consultant should be that would give staff direction for this
project. He suggested that questions should be directed to the consultant who has
been hired to operate only in the best interest of the Village and not in the interest
of any supplier.
Mr. Wyman outlined that the Village currently has Centrex services rented from
SBC and the services have been in place for quite some time. It was determined
by the Village that purchasing their own telecommunications system would add
needed features and reduce operating costs. The Village identified that there were
numerous problems with the existing Fiber Optic cable currently installed. It was
determined that it was too difficult to resolve those issues internally and decided
that it was necessary to hire an independent consultant that did not sell any
equipment and went out to bid. TDSi was retained over a group of twelve to
fifteen who responded to the RFP.
Mr. Wyman reiterated their qualifications emphasizing that they do not sell any
hardware nor represent any software providers. He emphasized that their role was
to act as the Village's trained telecommunications manager during the process of
design and selection. He advised the Board that they have been doing this specific
type of consulting for over 150 municipalities over a period of twenty years.
VILLAGE OF OAK BROOK Minutes Page 6 of 13 January 10, 2006
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C. 2) He explained the process used as a two phased approach using a needs assessment
process with the Department Heads, meeting as a group to discuss needs and
requirements. The next step was to take the operational requirements and
compare them to the current system to determine what the gaps were between the
system and the needs. He reported that the gap was substantial and it made a
great deal of sense to replace the current system. At the same time, TDSi's cable
design specialist took a look at the current fiber optic cable and determined that
there were a number of technical issues that needed to be addressed. They then
prepared a cost comparison of various generic alternatives. This comparison was
done to determine what would fit into the budget, that it was feasible to do and
reconfirmed what staff had already determined. He described the bid process
indicating that there was a mandatory vendor conference to answer questions and
to see the site. He reported that twelve companies responded and proposals were
reviewed. Then a cost comparison was done and it revealed that the various types
of technology had an impact on the Village in a number of ways including the
network. There were two different technologies that were proposed, VoIP
Enabled PBX and a pure VoIP System. Generally they both offer the same kind
of features. The conclusion was that the VoIP Enabled PBX fits best into the
Village infrastructure because of a number of issues with the existing network
and the optic cable and causes the least amount of disruption, is able to be
upgraded and expanded, is able to be changed into types of technologies and offer
the types of services and features needed in the future. He added that it does meet
all of the requirements identified during the needs assessment and that other
municipalities have used throughout the country and it also meets the budgetary
requirements and provides the best long and short term value.
He summarized that the recommended system uses VoIP where functionally it
makes the most sense and uses digital switching in the environment where it
makes the most sense. He addressed the maintenance issues and indicated that the
recommended systems use the traditional fashion, whereas other systems have a
different approach whereby the product is mailed back and forth with Village staff
required to replace the product and since staff is thin it becomes a problem.
President Quinlan thanked them for their work and asked the IS staff whether they
were satisfied with the research and the product meets what the Village needs.
Director Kapff responded that his philosophy is that the product needs to meet the
needs, but not over meet the needs and then get a good price. He added that he
felt, along with staff, that the recommended system has met those requirements.
He commented that there isn't anything that has indicated that the Village needs
more.
Trustee Aktipis was asked the same questions and he responded that he was highly
conflicted on this matter. He felt that there was strong support from Village staff
for this solution which provides great credence and weight but he doubts that the
VILLAGE OF OAK BROOK Minutes Page 7 of 13 January 10, 2006
9. C. 2) Village is adopting a cutting edge solution. He raised the question of
obsolescence and the consultants suggested that there was not a great risk of
obsolescence by selecting the recommended system.
Trustee Yusuf indicated that the Village was at a juncture where the decision is to
go with cutting edge technology or with something that probably meets Village
needs and the benefits versus the costs. The only concern he had was that the
major price difference between the two systems was replacement of components
and the consultants are recommending studies to determine what was required. He
suggested having the studies done first as what might be found could change the
balance between the cost of the two types of systems. Trustee Kennedy concurred
with his comment.
Mr. Tom Jacobson, TDSi, responded that there are anecdotal issues on the network
that did not affect the telephone system. He agreed that it is possible something
else could be found, but they felt it was unlikely that there was any connection
between those problems and the telephone system.
Trustee Yusuf reiterated that one of the systems involved a substantial replacement
while the other was using the current system. He wants to be sure that if the
design determines that a substantial replacement is required, the Village has the
opportunity to decide between both systems because at this point the cost factors
are similar.
Mr. Jacobson agreed that this was a valid way to approach the process but
recommended that the fiber optic restoration work be done. President Quinlan
asked whether the restoration work would need to be done no matter which system
was chosen. Mr. Jacobson indicated that was the case.
There was consensus that approaching the decision in this manner would resolve
the conflict Trustees were feeling.
Trustee Kennedy clarified that the proposal was to go forward with the fiber optic
cable restoration, the fiber optic construction management and the network design
and defer the actual purchase of the telephone equipment.
Trustee Aktipis suggested re- bidding the project for a better price. Trustee
Manofsky asked if there was a reason to believe that might happen. Trustee
Sanford expressed concern for choosing a system that the IS Department has not
bought into along with the consultants. Trustee Kennedy disagreed with the
attempt to re -bid because of inflation, etc. Trustee Yusuf agreed with Trustee
Kennedy and had concern for maintaining the integrity of the bid process.
VILLAGE OF OAK BROOK Minutes Page 8 of 13 January 10, 2006
9. C. 2) a) FIBER OPTIC CABLE RESTORATION
Motion by Trustee Aktipis, seconded by Trustee Kennedy that the Village
Board award a contract for Fiber Optic Cable Restoration to the lowest
responsive and responsible proposer, Adesta, LLC, Romeoville, IL. subject to
staff review, for the total cost of $50,230.84. ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
b) FIBER OPTIC CONSTRUCTION MANAGEMENT — ADDITIONAL
CFR VTC 1RQ,
Motion by Trustee Manofsky, seconded by Trustee Kennedy that the Village
Board approve additional construction management services with TDSi,
Naperville, IL. subject to staff review, for the added cost of $1,750, plus
expenses. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 1 - Trustee Craig. Motion carried.
c) NETWORK DESIGN
Motion by Trustee Manofsky, seconded by Trustee Kennedy that the Village
Board award a contract for Network Design to TDSi, Naperville, IL. subject to
staff review, for the total cost of $10,175, plus expenses. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Craig . Motion carried.
d) TELECOMMUNICATIONS SYSTEM REPLACEMENT
Motion by Trustee Yusuf, seconded by Trustee Sanford that the Village Board
continue the award for Telecommunications System Replacement to the lowest
responsive and responsible proposer, Sound, Inc., Naperville, IL. subject to
staff review, for the total cost of $149,195 to the January 24, 2006 Regular
Board of Trustees Meeting. VOICE VOTE: Motion carried.
3) PUBLIC WORKS UNIFORMS
Three sealed bids were opened on Wednesday, December 21, 2005. References
submitted were reviewed by staff and are adequate.
The Public Works Department's present uniform contract expired at the end of
2005. This service provides work uniforms and the daily cleaning and repair of
uniforms for nineteen Public Works employees and three Sports Core employees.
VILLAGE OF OAK BROOK Minutes Page 9 of 13 January 10, 2006
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C. 3) Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board
award a three year contract to the lowest responsive and responsible bidder,
Lechner and Sons, Inc., 420 Kingston Court, Mount Prospect, Illinois 60056,
subject to staff review, based on the unit prices on the attached bid tabulation for
Public Works Uniforms. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf .
Nays: 0 - None
Absent: 1 - Trustee Craig. Motion carried.
D. AMENDED SETTLEMENT OF PRIMECO CLASS ACTION LITIGATION
The resolution formally approves the amended Settlement Agreement in the Primeco
Class Action litigation. The Board approved the Resolution approving the original
Settlement Agreement on February 22, 2005 and an Amended Settlement on May 10,
2005. The twenty -three (23) other members of the DuPage Defense Consortium
municipalities have approved or will approve the amended settlement and Judge
Webster has given her preliminary approval of same.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for Passage of Resolution
R -934, Resolution Approving a Second Amended Settlement Agreement in the
Primeco Class Action Litigation. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf .
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING CHAPTER 2 (TRAFFIC SCHEDULES) OF
TITLE 7 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK, ILLINOIS
Based upon the recommendation of the Village Engineer, the Village Attorney
has prepared this Ordinance amending the Village Code to provide for a yield
sign at the south intersection of Croydon Lane and Windsor Drive.
Village Engineer Dale Durfey explained the situation as a site distance because of
a hill and that one must almost be within the intersection in order to get the
appropriate site distance This met the warrants for a Yield sign at the location to
slow people down because of the physical impediment.
VILLAGE OF OAK BROOK Minutes Page 10 of 13 January 10, 2006
10. B. 1) Trustee Aktipis asked Engineer Durfey about a flashing warning light eastward
on 31" Street and Spring Road. He asked staff to review the intersection.
Manager Boehm responded that since it was a County roadway, any requests
would have to be directed through them. He indicated that the County would be
contacted.
Motion by Trustee Yusuf, seconded by Trustee Sanford, for passage of Ordinance
G -793, An Ordinance Amending Chapter 2 (Traffic Schedules) of Title 7 (Motor
Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf .
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
2) AN ORDINANCE AMENDING TITLE 8 (PUBLIC WORKS) AND TITLE 9
(STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION
CONTROL REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK
This ordinance amends Title 8 and Title 9 to change the time period to cure a
default or violation to two (2) days; also clarifies in Title 8 the reimbursement of
cost provisions. The ordinance attempts to relieve the Village of some
obligations that more properly should be undertaken by those impacted or
creating problems related to stormwater, floodplain and sedimentation and
erosion situations.
Trustee Yusuf expressed concern that two days was a very short time for
response. Engineer Durfey responded that it provides for those situations where it
is important for the process to begin in a short time span. If the situation is not
urgent, leniency would be provided, but this provides the legislative ability for the
more pressing situations.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, for passage of Ordinance
G -789, An Ordinance Amending Title 8 (Public Works) and Title 9 (Storm
Water, Floodplain, and Sedimentation and Erosion Control Regulations) of the
Village Code of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
3) AN ORDINANCE AMENDING SECTION 17 (OFFENSES INVOLVING
MINORS) OF CHAPTER 1 (MISCELLANEOUS OFFENSES) OF TITLE 6
(POLICE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK, ILLINOIS
VILLAGE OF OAK BROOK Minutes Page 11 of 13 January 10, 2006
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B. 3) This Ordinance has been prepared pursuant to the United States Court of Appeals
for the Seventh Circuit decision in Hodgkins ex rel. Hodgkins v. Peterson, 355
F.3d 1048 (2004); this Ordinance amending the Village Code will comply with
the ruling of the Seventh Circuit. The federal court specifically found that there is
a substantial governmental interest in enforcing curfew laws. The court then
looked at whether or not a duty should exist with the arresting officer to
investigate a claim of participation by the minor in a protected activity before
effecting an arrest. The court ultimately found that since no duty to investigate
existed, a chilling effect does indeed exist if the ordinance were enforced. The
court found that the ordinance restricts a minor's access to any public forum
during curfew hours and the affirmative defense for participating in First
Amendment protected activities does not significantly reduce the chance that a
minor might be arrested for exercising his First Amendment rights. Based upon
this holding, the federal court instructed the Indiana authorities to permanently
enjoin enforcement of this ordinance.
Based upon the foregoing, the Village Attorney proposes that the Village amend
its ordinance to include a requirement that the law enforcement officer
contemplating making an arrest for curfew inquire as to the minor's reasons for
being out after curfew, and make a determination as to whether those reasons
satisfy a First Amendment protected right before making an arrest.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of
Ordinance G -794, an Ordinance Amending Section 17 (Offenses Involving
Minors) of Chapter 1 (Miscellaneous Offenses) of Title 6 (Police Regulations) of
the Village Code of the Village of Oak Brook, Illinois. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 — None.
Absent: 1 - Trustee Craig. Motion carried.
C. AWARD OF CONTRACTS
D. INTERGOVERNMENTAL AGREEMENT — SALT CREEK GREENWAY TRAIL
The Village of Oak Brook has been working with other government agencies to
construct /link a pathway system that will effectively link Busse Woods on the north
to Brookfield Zoo. As the path system crosses Roosevelt Road into Oak Brook there
is a short stretch that will be built within the corporate limits of the City of Oakbrook
Terrace. As the Village of Oak Brook has been desirous of completing this path staff
has sought an Intergovernmental Agreement with Oakbrook Terrace that will allow
the path to be constructed in their City limits at no cost to them.
Trustee Kennedy asked for clarification of the boundary description at the west end
of Oak Brook. Engineer Durfey responded that the western boundary at that point
was at the east bank of Salt Creek.
VILLAGE OF OAK BROOK Minutes Page 12 of 13 January 10, 2006
10 D Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve an
"Intergovernmental Agreement Between the City of Oakbrook Terrace and the
Village of Oak Brook for Access to a Portion of a Certain Roadway under the
Jurisdiction of the City of Oakbrook Terrace for the Construction and Maintenance of
the Salt Creels Greenway Trail " ROLL CALL VOTE-
Ayes 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf
Nays 0 - None
Absent 1 - Trustee Craig Motion carried
11 INFORMATION & UPDATES
A VILLAGE PRESIDENT — No report
B VILLAGE MANAGER — No report
C VILLAGE CLERK - No report.
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 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
Motion by Trustee Kennedy, seconded by Trustee Yusuf to adjourn to Closed Meeting at
8 44 p m. ROLL CALL VOTE
Ayes 5 - Trustees Aktipis, Kennedy, Manofsky, Sanford and Yusuf
Nays 0 - None
Absent. 1 - Trustee Craig Motion carried.
13 ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the Regular
Meeting of the Board of Trustees at 9 36p in VOICE VOTE Motion carried
ATTEST
Carol L Harty
Deputy Village Clerk
GG1-1-
VILLAGE OF OAK BROOK Minutes Page 13 of 13 January 10, 2006