Minutes - 02/13/2006 - Board of TrusteesMINUTES OF THE FEBRUARY 13, 2006 SPECIAL MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
FEBRUARY 28, 2006.
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 7:31
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey J. Kennedy, Kathryn F. Manofsky and Asif Yusuf.
ABSENT: Trustee Robert G. Sanford
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; Robert L. Kallien, Jr., Director of
Community Development; Bruce F. Kapff, Director of Information
Services & Purchasing; Margaret Klinkow, Library Director; Michael J.
Meranda, Public Works Director, Thomas Sheahan, Chief of Police. Trey
VanDyke, Golf Club Manager and Nelson Patras, Interim Bath & Tennis
Club Manager. Also in attendance were Kayla Quinlan and Ali Yusuf.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan reported that the Closed Meeting which had been scheduled would not
take place as the expected legal update was not available.
President Quinlan commented on the participation of Trustees availing themselves of
training seminars etc. in order to understand issues related to liaison positions.
President Quinlan provided information about development of a parcel of property at 83
and 35th Street in the Village of Westmont that may adversely impact traffic patterns for
residents in that area. He encouraged residents to share their opinions on this
development with the Village Manager or himself in order to relay residents comments to
the Village of Westmont as they go through their decision - making process. He reported
that there is information on the Village of Oak Brook's website.
President Quinlan also reported that on the Village's website are sample letters to our
elected officials that he asked residents to use to show support of the widening of 22nd
Street.
VILLAGE OF OAK BROOK Minutes Page 1 of 16 February 13, 2006
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5.
D
RESIDENTNISITOR COMMENT
Mr. William Lindeman, resident of Oak Brook, spoke to the Board regarding Local
Prosecution of DUI cases. He did not agree with the local prosecution of DUI cases.
APPROVAL OF MINUTES
A. COMMITTEE -OF- THE -WHOLE MEETING OF JANUARY 23, 2006
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve the Minutes of
the January 23, 2006 Committee -of -the -Whole Meeting as presented. VOICE VOTE:
Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 24, 2006
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Minutes of
the January 24, 2006 Regular Board of Trustees Meeting as presented. 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 Aktipis asked that item 6.A. 1) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal
Services - $ 17,378.00 be removed for discussion.
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Consent
Agenda and authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 — None.
Absent: 1 — Trustee Sanford. Motion carried.
A. Accounts Payable for Period Ending February 10, 2006 - $1,107,036.90
Significant Items included in Above:
2) Legat Architects — HVAC Screening - $1,373.19
B. Approval of Payroll for Pay Period Ending January 28, 2006 - $697,370.31
C. Community Development Referrals
1) Kariotis - 12 Natoma - Variations
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) 2007 Paving Project
2) Fencing Enclosure of Bath & Tennis Swimming Facility
E. Budget Adjustments
1) Public Works — Other Services
VILLAGE OF OAK BROOK Minutes Page 2 of 16 February 13, 2006
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7.
a
F. An Ordinance Granting a Variation from the Provisions of Sections 13- 6c -3F(1) of
Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook
Relative to Front Yard Setback Requirements -1 Meadowood Drive
G. An Ordinance Authorizing an Interfund Loan to the Sports Core
H. Ordinance Declaring Miscellaneous Surplus Items
I. An Ordinance Amending the Fair Labor Standards Act Policies for the Village of
Oak Brook
J. An Ordinance Amending the Personnel Manual of the Village of Oak Brook, Illinois
K. Ratification of Expense — Public Works UST Diesel Pipeline Emergency Repair
L. Authorization to Pay Bills on March 28, 2006
M. Partial Vacation of Detention and Public Utility Easement -12 Natoma Court
N. Village Manager Salary Adjustment
O. An Ordinance Correcting a Scriveners Error for the TIF #1 Butterfield - Meyers Road
Redevelopment Project Area
ITEMS REMOVED FROM CONSENT AGENDA
6. A. 1) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services - $17,378.00
Trustee Aktipis commented on items within the bill regarding legal fees related to
zoning issues. His concern was for expenditures of legal fees relating to
petitioners requests to the Village of Oak Brook. He would like to see the Village
have a policy that would require petitioners to pay for any legal fees incurred by
the Village on behalf of the petitioner.
Trustee Manofsky also requested information regarding correspondence related to
one of the charges. Attorney Kubiesa responded that he would review the topic
and determine if it was information that can be released to the Trustees.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve payment of
item 6.A.1)- Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services -
$17,378.00. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf .
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
BOARD & COMMISSION RECOMMENDATIONS — None presented.
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS —None presented
VILLAGE OF OAK BROOK Minutes Page 3 of 16 February 13, 2006
9. C. AWARD OF CONTRACTS
1) COMMERCIAL WATER METER TESTING, REPAIR AND REPLACEMENT
Two sealed bids were received and opened on January 12, 2006.
For the past 15 years, the Village has taken a proactive approach in the testing,
repair, and replacement of our inventory of commercial water meters. Commercial
water meters are larger and more complex than the smaller residential meters and
therefore have a tendency to under - register flow within a few years. With the
continuation of our water meter - testing program, water meters are maintained near
their design accuracy parameters, reducing unaccounted - for -flow and increasing
revenues.
M.E. Simpson has been awarded the large water meter testing contract for the past
9 years. Staff has found their work to be accurate, professionally administered and
in compliance with the American Water Works Standards for large water meter
testing and repair.
The contractor will be testing, repairing and replacing these large water meters on
an as- needed basis, prompted by Village work orders.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
award a three year contract to the lowest responsive and responsible bidder, M.E.
Simpson Company, Inc., Valparaiso, IN 46384 -1995, subject to staff review, based
on the unit prices on the bid tabulation, for the testing, repair and replacement of
water meters, at an estimated three year cost of $93,900.00. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf .
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
2) GOLF COURSE COMMODITIES
Eight sealed bids were opened on Wednesday, February 8, 2006. Bid packages
were sent out to eight companies.
Staff is recommending acceptance of some bids that were not the lowest submitted
price (the lower priced items were for proposed substitutions that did not meet
Village specifications).
Contracts with these companies will operate as requirement contracts (orders will
only be placed when and if the Golf Course has such needs). Bid prices are firm
for the entire calendar year. There is no requirement that the Village purchase a
set quantity. The Village also has the option to purchase the same items through
other sources (e.g. in an emergency when an item is needed sooner than it can be
supplied by the low bidder).
VILLAGE OF OAK BROOK Minutes Page 4 of 16 February 13, 2006
9. C. 2) Motion by Trustee Craig, seconded by Trustee Manofsky, that the Village Board
award requirements contracts to the following eight companies: Arthur Clesen,
Bojo Turf Supply (BTSI), Chicagoland Turf, Consery FS, Growing Solutions,
Janesville Sand, J.W Turf Inc, and Lesco for Golf Course Commodities. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
3) GOLF COURSE MAINTENANCE EQUIPMENT
Two sealed bids were received and opened on Wednesday, February 8, 2006. One
"no bid" was also received.
Staff recommends the purchase of one (1) fairway top dresser from by J.W. Turf,
Inc. The numeric low bidder, Burris Turf Equipment, did not meet the
specifications. Their proposed equipment is lacking in the following areas:
• The tires are under sized and are deemed to create an unsatisfactory level of
turf compaction.
• The side conveyor and chute are the wrong length and are attachments rather
than an integrated component of the equipment.
• The unit is pulled by a tractor and does not have a separate braking system.
This may be a safety issue while carrying a full load.
Staff recommends the rejection of the bid for the demo unit from Burris Turf
Equipment for the same above reasons, and the unreliability of often over used and
abused units of this type.
Staff also recommends the purchase of (1) Salsco Greens Roller for $10,567.00
from Burris Equipment Company.
Motion by Trustee Craig, seconded by Trustee Aktipis, that the Village Board
award a contract, subject to staff review, to the lowest responsive and responsible
bidder, J.W. Turf Inc., 14 N 937 US Hwy 20, Hampshire, Illinois 60140, for one
Fairway Top Dresser in the amount of $24,415.00 and award a contract, subject to
staff review, to the lowest responsive and responsible bidder, Burris Turf
Equipment Company, 2216 N. Greenbay Road,Waukegan, Illinois 60087, for one
Salsco Greens Roller in the amount of $10,567.00. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 5 of 16 February 13, 2006
Equipment
Burris Equip.
J.W.Turf
TEPEC
Fairway Top Dresser
$23,061.00
$249415.00
No Bid
Demo Price
$20,260.00
Salsco Greens Roller
$10,567.00
No Bid
No Bid
Staff recommends the purchase of one (1) fairway top dresser from by J.W. Turf,
Inc. The numeric low bidder, Burris Turf Equipment, did not meet the
specifications. Their proposed equipment is lacking in the following areas:
• The tires are under sized and are deemed to create an unsatisfactory level of
turf compaction.
• The side conveyor and chute are the wrong length and are attachments rather
than an integrated component of the equipment.
• The unit is pulled by a tractor and does not have a separate braking system.
This may be a safety issue while carrying a full load.
Staff recommends the rejection of the bid for the demo unit from Burris Turf
Equipment for the same above reasons, and the unreliability of often over used and
abused units of this type.
Staff also recommends the purchase of (1) Salsco Greens Roller for $10,567.00
from Burris Equipment Company.
Motion by Trustee Craig, seconded by Trustee Aktipis, that the Village Board
award a contract, subject to staff review, to the lowest responsive and responsible
bidder, J.W. Turf Inc., 14 N 937 US Hwy 20, Hampshire, Illinois 60140, for one
Fairway Top Dresser in the amount of $24,415.00 and award a contract, subject to
staff review, to the lowest responsive and responsible bidder, Burris Turf
Equipment Company, 2216 N. Greenbay Road,Waukegan, Illinois 60087, for one
Salsco Greens Roller in the amount of $10,567.00. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 5 of 16 February 13, 2006
9. C. 3) Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 — None.
Absent: 1 — Trustee Sanford. Motion carried.
4) NETWORK UPGRADE EQUIPMENT
The recommended network upgrade equipment will provide improved network
performance for buildings at the Sports Core and Public Works. In addition to
improving data communications, this upgrade also is needed before a replacement
telephone system can be implemented.
The Sports Core buildings will be receiving their telephone services through the
Village -owned fiber optic network. This is the case no matter what telephone
system the Village purchases. The replacement of this equipment was anticipated
from the beginning of the telecom project, and was included in the project budget
presented to the Village Board on January, 10th. The recommended switches will
provide POE (power over ethernet) and QOS (quality of service) — both needed for
IP telephone service to these buildings.
Staff recommends waiving further bidding, as the competitive selection process
has already been completed through US Communities (Fairfax County, Virginia
was the lead agency). The Village is permitted to tag -along with such bids, but in
this case staff recommends awarding the contract to CDW -G based on lower
pricing.
Trustee Kennedy suggested that this discussion include the update of
Telecommunications System Replacement continued From January 24, 2006.
Trustee Kennedy asked whether these improvements resulted from the contract
that was approved earlier for an examination of the data network. IS Director
Bruce Kapff responded that it was a part of the original improvements package as
part of the telephone network for outlying buildings. These changes were
anticipated because they were a required part of any phone system change.
Trustee Kennedy asked whether the study of the data network system was still
underway. Director Kapff responded that it was and that Tom Jacobsen from
TDSi was present to provide a status report. Director Kapff indicated that a
finalized report was expected by the end of the month. Mr. Jacobsen reported that
they had completed the onsite evaluation and were in the process of drafting the
report. He added that within the week the fiber optic cable vendor would report on
the fiber optic cable status which was the final piece for the report. Responding to
a question from Trustee Kennedy about their recommendation for expenditures,
Mr. Jacobsen indicated that the report would cover a three year period and would
include a number of strategic initiatives that would have expenditures associated
with them, however, the expenditure currently under discussion was the only
expenditure for network equipment for this budget year. Trustee Kennedy
supported the expenditure.
VILLAGE OF OAK BROOK Minutes Page 6 of 16 February 13, 2006
9. C. 4) Motion by Trustee Yusuf, seconded by Trustee Manofsky, that the Village Board
waive further bidding, as the competitive process was completed through U.S.
Communities, and award a contract for Network Upgrade Equipment to CDWG,
Inc., 200 N. Milwaukee Ave., Vernon Hills, IL 60061, subject to staff review, for
the total cost of $34,054.75. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
5) VILLAGE BEAUTIFICATION PROJECT
A Request for Qualifications (RFQ) was approved by the Village Board at its
March 8, 2005 meeting. Of the firms responding to the RFQ three were selected to
be interviewed by a team of staff members. Included on this team were Mike
Meranda, Bob Kallien and Rick Boehm. The firm of Hitchcock Design group was
recommended by staff and that firm made a presentation to the Board at a
Committee of the Whole Meeting held on September 26, 2005. The Board
members expressed confidence in this firm and a contract including Scope of
Services was negotiated.
The proposed contract is for planning services and includes three main elements:
program, research and analysis; schematic design (includes money for Village logo
design and Village Center landscape design); and the deliverable of a final
Beautification Master Plan. Included in this planning process is involvement of
members of the public which staff believes is not only important but necessary.
This matter was continued for two weeks at the Board's November 8, 2005
meeting to wait a full Board and to determine if the Commercial Revitalization
RFQ process would incorporate a portion of this study. At the January 23rd
Committee of the Whole meeting, Hitchcock presented a proposal to narrow the
scope of work to exclude the commercial corridor for a cost of $57,000. The Board
requested that an award of contract for Hitchcock Design for the Beautification
Project be placed on the agenda.
The Commercial Revitalization Task Force has narrowed the field of consultant
teams down to two. One of those groups has had conversations with Hitchcock
Design Group subsequent to the notification to Hitchcock that his team was not
chosen to move on to the finals of the consultant selection process. It is possible
that the consultant team that will be recommended to be hired for the Commercial
Corridor Revitalization project will include Hitchcock Design Group.
President Quinlan suggested that the Board move forward on this part of the
project while work is being done on other pieces. Trustee Kennedy agreed to
move forward but subject to renegotiation of the scope of services once the
consultants were chosen to do the broader Commercial Revitalization Project since
both projects may well fold into one another.
VILLAGE OF OAK BROOK Minutes Page 7 of 16 February 13, 2006
9. C. 5) Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve a
professional Services Agreement with Hitchcock Design Group, 221 W. Jefferson
Avenue, Naperville, IL 60540 for the Village of Oak Brook Beautification Project
in the amount of $57,000 subject to renegotiation of the scope of services. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
D. STATUS REPORT — TELECOMMUNICATIONS SYSTEM REPLACEMENT
CONTINUED FROM JANUARY 24, 2006
The Village Board, at its January 24, 2006 meeting, continued this subject to the
February 13th Special Board meeting. At the Board's direction, the fiber optic repair
and network design projects are to be completed prior to purchasing a replacement
telephone system. Both of these projects are on schedule.
Underground work for a portion of the fiber network began last week. That part of the
fiber network that serves the Sports Core buildings will be taken down the week of
February 13th to reterminate multimode fiber, terminate singlemode fiber and testing.
Remaining work, including testing within the Village Hall and Public Works, will be
complete by the end of February.
Network design meetings with TDSi covered subjects including current network
needs, future planning and network reliability. A list of improved network switching
equipment will be purchased and installed by the first week of March. The IP re-
numbering scheme (to improve overall network performance) and any remaining
network issues will be complete in early March.
The recommendation to replace the telephone system will return to the Board for final
action by early April. Discussion regarding this topic was included during discussion
of Agenda Item 9.C.4).
Motion by Trustee Kennedy, seconded by Trustee Yusuf, that the Board of Trustees
continue this subject to the February 28, 2006 Board Meeting. VOICE VOTE:
Trustee Aktipis opposed. Motion carried.
E. LOCAL PROSECUTION OF DUI CONTINUED FROM JANUARY 24, 2006
The following information was requested by the Village Board from their discussion
at the January 24, 2006 Village Board Meeting.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 February 13, 2006
9. E. The Village Attorney is charged by Village Code Sec. 1 -5132F with prosecuting all
local violations including Driving Under the Influence (DUI) for the Village. A local
DUI prosecution program for the Village of Oak Brook has great merit. The local
prosecution of DUI offices gives the Village greater control over that process,
provides continuity of prosecutor for each DUI case and will increase net revenue to
the Village.
Margaret O'Connell, of Kubiesa, Spiroff, Gosselar & Acker, P.C., is an experienced
and competent DUI prosecutor (not a DUI defense attorney) who will be assigned to
prosecute DUI for the Village, if the Board reinstates this program. The Board was
provided prosecutional background and information about her Elmhurst success with
the local DUI program for which she has been the only prosecutor since its inception
in 2003.
Trustee Yusuf summarized the advantages of dealing with this process locally such as
having a dedicated prosecutor, control over the process and the possibility to
implement other sanctions that could enhance public safety.
Additional material was provided to the Board indicating support of the Alliance
Against Intoxicated Motorists (AAIM) after their review of the process that the
Village is proposing. Representatives from Mother's Against Drunk Drivers
(MADD) were not in attendance due to the date change of the regularly scheduled
meeting.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, for passage of Ordinance G-
801 Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code of
the Village of Oak Brook, Illinois (DUI Prosecution).
Trustee Aktipis offered an amendment to the motion requiring that this enforcement
be done by an attorney experienced in criminal drunk driving law with experience in
DuPage County and is selected and appointed by the recommendation of the Chief of
Police rather than the Village Attorney. Trustee Manofsky seconded the amendment.
Trustee Aktipis asked if Trustee Yusuf who made the original motion if he would
accept the amendment as a friendly amendment. Trustee Yusuf accepted the
amendment for discussion and asked if someone would second it. Trustee Manofsky
seconded the amendment for discussion.
President Quinlan did not disagree that the Village should hire an attorney that would
do a good job working with the Police Department, however the Village Board has
hired the law firm Kubiesa, Spiroff, Gosselar & Acker, P.C. to be the Legal Officer
and to exclude that firm from the process would be a huge mistake. He agreed that
the Chief of Police should have significant input into the process and into whom that
person is who will handle the prosecution because one of the objectives is to make
sure that the person will be able to work well with Village officers and allow them to
do a better job on the prosecution side.
VILLAGE OF OAK BROOK Minutes Page 9 of 16 February 13, 2006
9. E. Trustee Aktipis agreed with the concept, but he would be much more comfortable if
the prosecution was handled quite independently of the office of the Village
Attorney. He felt that the Village Attorney had a large area in which he was involved
and that this other area should be totally dedicated to prosecutions and should be
under the control of the Police Chief in terms of the selection of the proper attorney.
Trustee Yusuf indicated that he had reviewed Margaret O' Connell's credentials and
experience which is extensive. He did not feel that in any way was she lacking in her
ability to do the job nor has he heard anything in his inquiries that would cause him to
worry about her ability to do the job effectively. He agreed that whoever prosecutes
these cases has to work effectively with the Police Department and that begins with
the Chief of Police. He was not in favor of giving the control of that choice to
anyone other than the seven people sitting on the Board. He indicated that the Board
valued the Village Attorney's input into it and the Chief of Police's input.
Trustee Kennedy summarized that there were two issues, one being whether the
Village takes back in house the prosecution of DUI's and who would be the person
prosecuting those cases. He indicated, coming from his background as an outside
counsel to a number of corporations, that it seemed to him that the choice of the
prosecutor should be that of the Village Attorney in consultation with the Chief of
Police and the Board. He added that he has had an opportunity to work with
Margaret O'Connell in her position as counsel to the Plan Commission. He felt that
she is very competent and he felt that if he were ever stopped for a DUI he would not
want to face her as his prosecutor. He felt that the discussions of the appointment of
the prosecutor was a personnel matter and should be done in Closed Meetings. He
asked Attorney Kubiesa if that was appropriate and Attorney Kubiesa responded that
it would be appropriate.
Trustee Aktipis commented that it was inappropriate to discuss the credentials of an
individual person that the discussion was not about individuals, but about principles.
He disagreed with Trustee Kennedy's conclusion that the appointment should be
made by the Village Attorney. He felt that there was nothing inappropriate with the
consent of the Board to entrust the Police Chief with the selection of a prosecutor
since the prosecutor works very closely with the Police Department. He stated that
he would pass the ordinance with the modification that has been suggested. He called
the question.
President Quinlan asked Trustee Aktipis to restate what was being voted. Trustee
Aktipis stated that as the Ordinance has been presented with the following addition:
"This ordinance supersedes any other provisions of the Village Code or other
ordinances relative to the appointment of a prosecutor. The prosecutor will be
appointed by the Police Chief."
VILLAGE OF OAK BROOK Minutes Page 10 of 16 February 13, 2006
9. President Quinlan was advised by the Village Attorney that the original motion must
be acted upon and in addition, he was advised that a prosecutor is an officer of the
Village and no one other than the Board has the authority to appoint an officer of the
Village. Therefore, the issue about who would appoint the prosecutor would need to
be taken up by this Board or assigned to an officer of the Village and in this case the
appropriate officer would be the Village Attorney. Otherwise the Board would need
to take that duty upon itself. Those are the only legal ways that the Board can do this.
Trustee Manofsky asked for a point of order. She indicated that she had asked that
same question several months ago and was given different information. Her concern
was that she was told that the Board did not have the authority to appoint a
prosecutor. President Quinlan clarified that the Board always has the authority to act
in an overriding manner.
President Quinlan called for the vote. Trustee Kennedy asked for clarification as to
what was being voted upon. It was clarified that the vote was the motion presented
by Trustee Aktipis with the amendment that the prosecutor would be appointed by the
Police Chief. ROLL CALL VOTE:
Ayes: 3 - Trustees Aktipis, Craig, Manofsky
Nays: 3 - Trustee Kennedy,Yusuf and President Quinlan
Absent: 1 - Trustee Sanford. Motion failed.
President Quinlan stated that under the rule of threes, he may vote in this situation
and his response was no and the motion was out of order.
President Quinlan asked for a motion on the original ordinance.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of Ordinance
G -801 Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code
of the Village of Oak Brook, Illinois (DUI Prosecution).
Additional discussion relative to the sanctions suggested by the Chief of Police in his
proposal was the legality of the mandatory use of a breath interlock device since the
Village of Oak Brook as a non -home rule entity cannot impose that requirement
because it is not a part of the State of Illinois DUI provisions. Chief Sheahan
responded that in practical terms there are frequent negotiations and that as part of
those negotiations the Village may include the breath interlock device which he felt
would set the Village apart from other communities and portray the Village as a
tough enforcer.
On the topic of prosecutors, Trustee Craig stated that previously prosecutors were not
necessarily a part of the Village Attorney's firm.
VILLAGE OF OAK BROOK Minutes Page 11 of 16 February 13, 2006
E. Trustee Aktipis reiterated his position that under no circumstances would he agree to
return to local prosecution unless the Police Chief could select the attorney to do the
prosecutions. President Quinlan responded by reiterating that it was illegal because
the Police Chief does not have the authority to appoint a prosecutor.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of Ordinance
G -801 Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code
of the Village of Oak Brook, Illinois (DUI Prosecution). ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Yusuf and President Quinlan.
Nays: 2 - Trustees Aktipis and Craig.
Absent: 1 - Trustee Sanford. Motion carried and for the record President Quinlan
stated that he said yes.
10. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) AN AMENDMENT TO TITLE 4, CHAPTER 1, SECTION 8A OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES —
DOLCE, LTD.
Dolce Romantico has made application to the Village for a Class A -1 Liquor
License for their new restaurant, Dolce Romantico, located at 1600 16th Street,
#T9, (formerly Dolce). Documentation requirements have been fulfilled. A
criminal background check has been processed and meets the Village Code
requirements. Liquor Managers, Robert LaMantia and Lance Shalzi, owners of
the establishment have both completed the BASSET approved course by the
Illinois Liquor Control Commission and as required by our Village Code.
The applicant has requested that this application be brought before you for your
consideration at the Village Board's special meeting of February 13, 2006. The
menu and the floor plan of the establishment remains the same as the previous
owners of Dolce. A representative of the establishment will be in attendance of
the Village Board meeting. Enclosed for the Village Board's review is the
following documentation:
a. Application for a Liquor License
b. Floor Plan
c. Certificate of Insurance
d. Menu
VILLAGE OF OAK BROOK Minutes Page 12 of 16 February 13, 2006
10. B. 1) The Village Attorney has drafted the attached ordinance that increases the number
of A -1 liquor licenses by one. Provided that all ordinance requirements are met,
the Local Liquor Commissioner Kevin Quinlan would presumably issue a Class
A -1 Liquor License to Dolce Romantico located at 1600 16th Street, T #9.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance G -800, "An Ordinance Amending Title 4, Chapter 1, Section 8A of the
Village Code of the Village of Oak Brook, Illinois Relative to the Number of
Authorized Liquor Licenses ". ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
2) A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO
RECORDING OF CLOSED MEETINGS
The Village Board at their January 15, 2004 Board meeting approved Ordinance
2004 - VCODE- CL- MTG- PLCY -G -739 which required a verbatim record shall be
kept of all meetings of the Trustees of the Village of Oak Brook and of all
meetings of any other boards, commissions or other subsidiary "public body" of
the Village of Oak Brook (as defined by the Illinois Open Meetings Act, 5 ILCS
120/2 et, seq,) which are closed to the public. Semi - annually, at the second
regular Board meeting of the corporate authorities, in January and July, the
agenda shall included the following item: "Authorization for destruction of
verbatim recordings of closed sessions." The Village Clerk shall present a list to
the corporate authorities of the dates of closed sessions where:
1. A verbatim recording exists;
2. The corporate authorities have approved the minutes of the closed meeting as
to form, regardless of whether the minutes have been released for public
review; and
3. There have been more than eighteen (18) months since the date of the closed
meeting.
The corporate authorities shall consider whether to authorize destruction of the
verbatim recordings of those meetings. When ordered by the corporate
authorities, the Village Clerk shall destroy the recording of that closed meeting in
a suitable manner. Per The Public Act, "The verbatim record of a meeting closed
to the public shall not be open for public inspection or subject to discovery in any
administrative proceeding other than one brought to enforce this Act." Per the
Public Act, this is being done in order to prevent a violation of the Open Meetings
Act and in order to be in compliance with the State Statute. This resolution
authorizes the destruction of verbatim recordings of closed sessions from
February 24, 2004 through June 30, 2004. The audio recordings of the closed
meetings dealt with minutes being reviewed, litigation and personnel issues.
VILLAGE OF OAK BROOK Minutes Page 13 of 16 February 13, 2006
10. B. 2) Trustee Aktipis asked to continue this item in order that he may review the
recordings.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to continue
Resolution R -937, "A Resolution Authorizing the Destruction of Audio
Recording of Closed Meeting Session." to the next regularly scheduled Board of
Trustees Meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Sanford. Motion carried.
Trustee Craig exited the meeting.
C. AWARD OF CONTRACTS
1) LIBRARY BOOKS AND AUDIO VISUAL MATERIALS
Pursuant to the provisions of Title 1 -7 -10 our Village Code, the Village is
permitted to join with other governmental units in order to benefit from
cooperative purchasing arrangements.
The three primary book jobbers that serve the Village of Oak Brook are Baker
and Taylor, Brodart, and Ingram. The current discounts are as follows:
Type of Book/Bin din
Baker & Taylor
Brodart
Ingram
Trade Bindings
43.1%
35%
40%
Library Bindings
17%
5%
13%
Single Bindings
17%
N/A
N/A
Mass Market & Paperbacks
40.5%
35%
40%
University Press
10%
10%
13%
Short Discounts
Net + 5%
Net +
15%
10%
Spoken Word Audio
0-43%
N/A
N/A
Pre - recorded
Videos /DVD's
25 -28%
N/A
N/A
Pre - recorded CD's
26%
N/A
N/A
Although the Village has the option to bid the purchase of books, the Village does
not have the combined purchasing power of DLS libraries, and as such the Library
would not receive as good a discounted price.
The brokers are unwilling to submit bids directly to the Village, since they could
not offer a better discount than what they already offer through DLS.
VILLAGE OF OAK BROOK Minutes Page 14 of 16 February 13, 2006
10. C. 1) Multiple vendors are used throughout the year based on product availability.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
waive further bidding and issue purchase orders for books and non -print media,
taking advantage of the cooperative purchasing arrangement negotiated by DuPage
Library System with major book jobbers. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustee Sanford and Craig. Motion carried.
2) LIBRARY BOOKS AND AUDIO BOOKS
The Library has budgeted $133,895 in 2006 for Books and Audio Visual
Materials.
The recommended vendors for audio books are Recorded Books, Random House,
and BBC Audiobooks. These three vendors are sole source for library -use ready
audio books. The books are delivered already processed in library cases so all
staff is required to do is catalog and label. The cases can be sold to libraries from
other companies for $243 a piece. Some books require as many as 16 cases.
Purchasing the books already processed saves the Village money and staff time.
The Library has used these companies for numerous years and is very satisfied
with the products and customer service.
Scholastic Library Publishing is a sole source vendor for Grolier Books.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that Village Board
waive bidding due to sole source for 'library -use ready' audio books and issue
purchase orders to Recorded Books, Random House and BBC Audiobooks; and
to waive bidding due to sole source and issue purchase orders to Scholastic
Library Publishing for the supply of Grolier Books. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Kennedy, Manofsky and Yusuf.
Nays: 0 - None.
Absent: 2 - Trustee Sanford and Craig. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — None presented.
Trustee Aktipis asked that the topic of a flashing sign at the intersection of Spring
Road and 31St Street be added to the next Village Board agenda.
B. VILLAGE MANAGER — Manager Boehm described the participation of the Village
of Oak Brook in the DuPage County circulation study. He reported that there was a
meeting for input from the commercial sector of the Village regarding the potential of
a new transit service. He added that there would be a separate meeting for residents.
VILLAGE OF OAK BROOK Minutes Page 15 of 16 February 13, 2006
C. VILLAGE CLERK - Deputy Village Clerk Harty reported that Voter Registration for
the March 21 St General Primary Election would end on February 21 St. She added that
there would not be in- person absentee voting at the Village of Oak Brook but
indicated that the Clerk's office would still provide applications for mail -in absentee
voting. She also indicated that there had been major changes in polling places for the
Primary Election on March 21" and suggested that prior to going to the polls on
election day that residents should check the Village's website for polling place
locations.
Trustee Craig returned to the meeting.
13. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn the Regular Meeting of
the Board of Trustees at 8:42 p.m. VOICE VOTE: Motion carried.
ATTEST:
Zoo',
Carol L. Harty
Deputy Village Clerk
ILLAGE OF OAK BROOK Minutes Page 16 of 16 February 13, 2006