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Minutes - 02/27/2007 - Board of Trustees (2)MINUTES OF THE FEBRUARY 27, 2007 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 13, 2007. 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 7:33 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. Trustee Sanford attended via electronic means. ABSENT: None. IN ATTENDANCE: Jeffrey P. Moline, Assistant Village Manager; Harlan Spiroff, Assistant Village Attorney; James Bodony, Fire Chief; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Margaret Klinkow Hartmann, Library Director; Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of Police; Steve Larson, Deputy Police Chief; Jason Cates, Police Lieutenant; Ejaz Khan, Information System Specialist; James Fox, Information Services Technician and Sean Creed, Golf Course Superintendent. 3. PRESIDENT'S OPENING COMMENTS President Quinlan announced his intention of recommending the appointment of Jeff Kennedy as Chairman of the Commercial Revitalization Task Force at the next meeting. He indicated that there is a lot of work to be done which would need additional focus and Trustee Kennedy has indicated his willingness to take on the task. He asked to move Agenda Item 10.C.2) Village Manager Search Consulting Firm to a position on the agenda immediately following the Consent Agenda due to guests in the audience relative to that item. There were no objections. President Quinlan announced that Trustee Sanford was attending the meeting via electronic means. He added that due to the electronic attendance of Trustee Sanford, all votes will be taken by roll call. VILLAGE OF OAK BROOK Minutes Page 1 of 32 FEBRUARY 27, 2007 3. A. SCHOOL DISTRICT 53 PRESENTATION - REFERENDUM Mr. Stephen Haszto, President of the Board of School District 53 gave a slide presentation addressing the Referendum that School District 53 is seeking. 4. RESIDENT /VISITOR COMMENT Resident Henry Rico announced that tours of District 53 schools will be available. He indicated that tours of Brook Forest will take place on March 12th and 22nd from 3:30 p.m. and Butler Junior High will take place on March 15th and 201h from 3:30 p.m. Alfred Savino, President of the Oak Brook Historical Society, addressed the Board relative to the Village's 50th Anniversary. He commented that President Quinlan asked the Historical Society to take the lead with the Village. He added that the Society had submitted a detailed proposal involving a series of events that would include various Oak Brook organizations, the Park District and the business community. He asked that the Board provide input regarding the proposal and appoint a representative that would be a liaison to this project as they were concerned that time was quickly running out. 5. APPROVAL OF MINUTES B. SPECIAL COMMITTEE -OF- THE -WHOLE BOARD OF TRUSTEES MEETING OF DECEMBER 4, 2006 Trustee Aktipis requested an amendment to these minutes. On Page 1, Item 3., paragraph two. He wanted the sentence beginning "He stated that he understood" changed to "He asked whether ". Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of December 4, 2006 Special Committee -of -the -Whole Board of Trustees Meeting as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. C. SPECIAL MEETING - PUBLIC HEARING BOARD OF TRUSTEES MEETING OF DECEMBER 12, 2006 Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of the December 12, 2006 Special Meeting — Public Hearing of the Board of Trustees as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 2 of 32 FEBRUARY 27, 2007 5. D. REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 12, 2006 Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of the December 12, 2006 Regular Board of Trustees Meeting as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. E. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 9, 2007 Trustee Kennedy provided the Clerk Gonnella with a couple of minor scrivener's errors. President Quinlan asked if anyone on the Board wanted them iterated. No one responded. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Minutes of the January 9, 2007 Regular Board of Trustees Meeting as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. F. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 23, 2007 Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Minutes of the January 23, 2007 Regular Board of Trustees Meeting as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. President Quinlan announced that item A.1) 1 - Klein, Thorpe & Jenkins - Legal Services - $40,083.87 bill was being removed due to insufficient information sent to the Board. Trustee Manofsky asked that item D. 2) Sports Core Open Fields be removed for further discussion. Trustee Aktipis asked why the Kubiesa, Spiroff, Gosselar & Acker, P.C. Legal Services for January, 2007 was not listed under significant items. Trustee Manofsky responded that a telephone poll was taken in order to proceed with payment of the Accounts Payable, VILLAGE OF OAK BROOK Minutes Page 3 of 32 FEBRUARY 27, 2007 6. including that legal bill when the February 13, 2007 meeting was cancelled. Trustee Aktipis replied that he had not been part of the poll. President Quinlan indicated that he believed that Trustee Aktipis was out of the country at the time. A. Ratification of Accounts Payable for Period Ending February 9, 2007 - $474,220.34 A.1) Accounts Payable for the Period Ending February 23, 2007 - $599,539.14 Significant Items Included in Above: 1 DuPage Water Commission - $125,354.73 2 The Guarantee Company of North America USA - # 1 and Final Payout - 2005 Water Main Project - $16,719.03 B. Approval of Payroll for Pay Period Ending January 23, 2007 - $697,280.58 B.1) Approval of Payroll for Pay Period Ending February 10, 2007 - $644,312.52 C. Community Development Referrals 1) Insight Oak Brook Limited Partnership - 1603 16th Street - Text Amendment - Special Use - Variation 2) Gatto - 3009 Meyers Road - Final Plat 3) Commonwealth Realty Advisor's - 1600 16th Street - Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Mosquito Abatement Services 3) Deicer Salt 4) Firefighter Protective Clothing E. Budget Adjustments F. Treasurer's Report G. U. S. Conference of Mayors - 2007 Membership H. A Resolution Adopting the 2007 Legislative Positions of DuPage Mayors and Managers Conference 2007 I. A Resolution Accepting Terms for a Permit from the Illinois Department of Transportation for Work Performed in 2007 and 2008 by the Village of Oak Brook, Illinois J. A Resolution Regarding Authorized Check Signers for the Village of Oak Brook Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA 6. D. 2) SPORTS CORE OPEN FIELDS As you aware the Hinsdale Hurricanes Youth Soccer Organization has been a good tenant of the Village of Oak Brook for many years. As such the village should has received a request from Mr. John May of the Hurricanes organization VILLAGE OF OAK BROOK Minutes Page 4 of 32 FEBRUARY 27, 2007 6. D. 2) requesting that the village extend the license agreement with the Hurricanes for an additional year. Village staff again notes the purpose for the recommendation to solicit for proposals for license agreements is strictly to meet competitive pricing policies followed by the Village of Oak Brook; however to date the village has not received any other viable license agreement inquiries. It is important to note that the license agreement entered into with the Hurricanes, similar to agreement entered into with the Hinsdale Central Lacrosse Club, are non exclusive license agreements for portions of the Sports Core fields therefore if the village board chooses to extend the Hurricanes license for a year, additional license agreements could be entered into with the village assuming those organizations meet the requirements of the village, i.e., insurance requirements, bond and hold harmless requirements. In addition, the question was asked of staff as to what the other park districts charge for field rental: rates of area park districts are attached. Mr. John May from the Hinsdale Hurricanes Youth Soccer Organization spoke to the Board indicating that the organization was working to renew their license agreement with the Village of Oak Brook for the use of Sports Core Field 43. They need to know whether they will have an agreement for the 2007 - 2008 season in order to make plans for the upcoming season. Trustee Manofsky recommended that the Board direct staff to negotiate a license agreement for the 2007 - 2008 season with the Hurricanes, but move forward with the review of the pricing schedule and in addition work with other organizations. Motion by Trustee Manofsky, seconded by Trustee Kennedy, to direct staff to negotiate a license agreement for 2007 -2008 Hurricane Soccer season with Eclipse Select Soccer, Inc. based on attorney review and present it to the Village Board at the March 13, 2007 meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS - None presented. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS Trustee Kennedy made a motion to approve the Closed Meeting Minutes that the next Resolution would release. Subsequently it was determined by the Village Attorney that the motion was unnecessary since there was a consensus by the Board for approval during the Closed Meeting. VILLAGE OF OAK BROOK Minutes Page 5 of 32 FEBRUARY 27, 2007 9. B. 1) A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES CONTINUED FROM JANUARY 23, 2007 This agenda item was continued from the January 23, 2007 Village Board meeting to the February 13, 2007. The Village Board then requested that Village Attorney Kubiesa further review the redacted sections of the minutes that were recommended by Village Clerk Gonnella and Assistant Village Attorney Gosselar to determine if the litigation matters were still pending or whether sections of the closed meeting minutes may be released to the public. Trustee Aktipis expressed concern for the timeframe in which the minutes were presented and the context of the transcription of the Closed Meetings. He had an additional concern for the destruction of the recordings because of the context of the minutes. He added that the Village received a subpoena that required the Village to keep recordings intact. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Resolution R -963, A Resolution Approving the Release of Closed Meeting Minutes. ROLL CALL VOTE: Ayes- 6 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. 2) A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO RECORDINGS OF CLOSED MEETINGS CONTINUED FROM JANUARY 23, 2007. Motion by Trustee Kennedy, seconded by Trustee Manofsky, for continuance to the next regular Board of Trustees Meeting for an update from the Village Attorney relative to the subpoena. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO TITLE 12, CHAPTER 1 "SPORTS CORE" AND CHAPTER 3 "BATH & TENNIS CLUB" OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK The proposed Ordinance prepared by Village Staff and reviewed with Village counsel for the annual comprehensive amendment to Title 12 of the Village Code. This proposal replaces Chapters 1 and Chapters 3 of the Code with new Chapters 1 and 3 as drafted and attached as Exhibits A and B to the proposed Ordinance; Chapter 2, Golf Club, was approved separately on January 23, 2007. VILLAGE OF OAK BROOK Minutes Page 6 of 32 FEBRUARY 27, 2007 a B. 3) The Ordinance is the second version of the ordinance proposed to the Village Board for the 2007 season. Whereas the first version included some rate increases, excluding golf, this new proposal holds all rates for the Bath and Tennis Club and fields at 2006 levels. However, the changes proposed herein incorporate the 2006 Bath and Tennis Operations Policy approved by the Village Board into the Village Code. These changes are underlined in the definitions section of Chapter 1, Section 2, and throughout Section 4, of Chapter 3, Operations of Clubhouse. Approved in 2006 was the recommendation by staff to advertise on cable TV for the Bath and Tennis Clubhouse. In 2006, a commercial focused on attracting wedding business was developed and aired. Recently a new commercial aimed at corporate events and parties was developed and has been aired. Two have been developed. Development of a third commercial was also covered under the initial cost and contract with Comcast. The third commercial is in the development phase currently and will focus on all the amenities of the Sports Core and specifically, package deal options to include a combination of Golf, Tennis, Swimming, Polo and possibly, Oak Brook Hotel packages. Aside from this form of media, ads have also been placed in Ultimate Chicago wedding, R.H. Donnelley — Yellow Pages, Chicago Style Weddings (May edition and on website), the Wedding Guide Chicago, Chicago Wedding Resource ( www. chi cgaoweddingre source. com) and in the Chicago Tribune, "Discover" 2006 Neighborhood Guide, Oak Brook and Hinsdale. Motion by Trustee Craig, seconded by Trustee Kennedy, to approve Ordinance 2007 -SC -G -832 Adopting a Comprehensive Amendment to Title 12, Chapter 1 "Sports Core" and Chapter 3 "Bath and Tennis Club" of the Village Code of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) REPLACEMENT/NEW SQUADS Pursuant to the provisions of Section 1 -7 -10 of the Village Code and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. Units 303, 306, 317, and 320 are Patrol Vehicles, Unit 302 is a Sgt. Supervisor Vehicle, and Unit 318 is an Unmarked Tactical Vehicle. The new Explorer is an Unmarked Field Division Vehicle. VILLAGE OF OAK BROOK Minutes Page 7 of 32 FEBRUARY 27, 2007 9. C. 1) The deadline for ordering is March 21, 2007. Delivery is expected approximately 90 days after receipt of order. The vehicles being replaced will be sold through the annual DuPage Mayors & Managers Conference Vehicle Auction (an ordinance to declare them surplus will be presented prior to the auction). Trustee Kennedy explained that the Village purchase vehicles at a good price but added that subsequent expenses were incurred for light bars, striping, radios and equipment. He felt that it would be helpful to the Board if staff provided the costs of equipping new vehicles. He suggested that later this year that staff provide an analysis of the Police Department fleet indicating how many vehicles the Village has and how they are used. President Quinlan highlighted a relationship the Village has with Federal Signal. He indicated that as a local company, Federal Signal has provided a significant discount for light bars. Trustee Sanford added that he had reviewed the vehicles and their equipment and he felt that there was an extensive amount of equipment in the vehicles, he agreed with the cost justifications of the equipment but agreed that the more the Board and the public were aware the better. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Landmark Ford, Taylor, Illinois for three 2007 Crown Victorias, two 2007 Ford Expeditions and two 2007 Ford Explorers in the amount of $163,469.96. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) ELECTRICAL ENERGY SUPPLIER - WATER PUMPAGE CONTINUED FROM JANUARY 23, 2007 Pursuant to Board action on October 24, 2006, staff entered into an agreement with Energy Choices to assist the Village in securing a competitively priced electricity supply for non - franchise covered electricity. The Village is pursuing this option because the energy rate freeze on Commonwealth Edison supply has been lifted. In our case, that covers the electricity used by our Water Department for water pumpage. The other possible item would have been for street lights, but the usage was not enough to qualify for auction prices. VILLAGE OF OAK BROOK Minutes Page 8 of 32 FEBRUARY 27, 2007 9. C. 2) There are daily auction prices for electrical supply. Energy Choices conducted an auction on Monday, February 26, 2007 and determined that Constellation New Energy is the lowest price supplier as of that date. Electrical energy supply cost savings through May 2008 will be 24.8% compared to prices available through Commonwealth Edison. Assuming approval at the February 27`x' meeting, the contract will be phased in with billings in March. This is essentially a one year contract, plus three months carryover (March, 2007 thru May, 2008) during which time staff will be reviewing the 2008 Comm Ed auction prices and probably going through the same process of seeking third -party suppliers through a separate auction (such as what Energy Choices has done for the Village this year). The ending date for the recommended contract is May 31, 2008. Following Village Board approval of Constellation New Energy as the Village's supplier, staff and Energy Choices will then finalize all contract details. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award a 15 month contract for the supply of electrical energy for water pumpage to Constellation New Energy, which is the company with the lowest auction price as of February 26, 2007, subject to final contract approval by the Village Attorney. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) ELEVATED TANK PAINTING Dixon Engineering has reviewed the bids submitted for the repainting project and has recommended AM Coat Painting. Dixon's project estimate was $380,000. Bidding was very competitive, with the low three bids within 1% of each other. Am Coat Painting, Inc. is a prequalified contractor with Dixon for projects of this scope, hence the recommendation. It is the Village's intent to have the East side painted this Spring, and the West side painted in the Fall. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the contract for the painting of the Village's east and west elevated water tanks be awarded to AM Coat Painting, Inc. of Homer Glen, Illinois for the bid amount of $387,466. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 9 of 32 FEBRUARY 27, 2007 9. C. 4) PAGER RENEWAL The Village has 132 pagers that are used by Department Directors, Fire Department, Police Department, Communications Center, Community Development, Engineering, Sports Core and Public Works. Monthly costs, have not increased from the previous contract. Also, the cost of replacing a lost pager will stay the same at $15 for both the numeric and alphanumeric pagers. The Village's previous contract expired and the Village is currently on a month to month basis with Verizon for pagers. The Village previously chose Verizon over other carriers due to their enhanced coverage area, making it much easier to reach vacationing staff during water main breaks and other emergencies. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board approve the renewal of a two -year contract with American Messaging Services for the rental of pagers based on the unit prices noted on the spreadsheet for an estimated two -year cost of $24,600.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 5) GOLF COURSE COMMODITIES Bid packages were sent to eight companies and the legal notice soliciting bids was published on January 31 st, 2007. Seven sealed bids were opened on Wednesday, February 14th, 2007. As indicated on the bid tabulation, staff is recommending acceptance of some bids (item #28,) that were not the lowest submitted price (the lower priced items were for proposed substitutions that did not meet specifications). Item 931 was a tie, while Item #38 was not bid. 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 and there is no requirement that the Village purchase a set quantity (the Village retains the right to either increase or decrease quantities as a sole option). 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). Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award requirements contracts to the following seven companies: Master Links, Bluffon, SC; Bojo Turf Supply (BTSI), New Lenox, IL; Chicagoland Turf, Addison, IL; Growing Solutions, New Lenox, IL; Janesville Sand, Janesville, WI; Lesco Inc., Cleveland, OH and Eagle One, Anaheim, CA. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 10 of 32 FEBRUARY 27, 2007 9. C. 5) Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 6) OLD BUTLER SCHOOL MOLD REMEDIATION Pursuant to the January 19, 2007 Manager's Memo, the decision was made to pursue bidders for mold remediation at the Old Butler School. At the February 7, 2007 Pre -Bid meeting, potential bidders were required to inspect the property and assess the damage. The bidders were also given the results of testing done on the building by EMSL Analytical, this provided them with needed information which allowed the bidders to submit complete and accurate bids. On February 14, 2007 four bids were accepted and opened and per the bid tabulation, BMS CAT presented the lowest bid. Reference supplied by BMS CAT were contacted and remarks ranged from "very good" to "exceptional ". Based on this, it is staff's opinion that BMS CAT will perform as specified in the contract documents Trustee Kennedy asked whether it had been determined that this was solely the Village's responsibility or whether the Park District would share the cost. Assistant Village Manager responded that a claim had been submitted to the Village's risk management company and the Village was waiting for a determination. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award the contract for the Old Butler School Mold Remediation to the lowest responsive and responsible bidder, BMS CAT, 71 Kendall Point Dr., Oswego, IL 60543, subject to staff review, for the lump sum amount of $26,544.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 7) GOLF COURSE MAINTENANCE EQUIPMENT Staff sought bids to purchase one Lastec rough mower to replace a 12 year old model, one Tri -Plex greens mower to replace a 17 year old model, one Tri -Plex tee and collar mower to replace a 14 year old model and one light duty utility vehicle replacing a 10 year old model. This equipment replacement is included in the capital budget for program #834 (Golf Course Maintenance). Additionally, staff sought bids for the trade -in value of the replaced equipment. Two sealed bids were submitted and opened on Wednesday, February 14, 2007. After reviewing the bids, staff recommends the acceptance of a proposed alternate for the following reasons: 1) the specified tri -plex mowers are considered to be hybrids and the proposed standard tri -plex model mechanically fulfills the VILLAGE OF OAK BROOK Minutes Page 11 of 32 FEBRUARY 27, 2007 9. C. 7) specification and the Village's needs, and 2) the proposed fuel savings and quieter operation of the specified model do not justify the higher price. Therefore, staff recommends the purchase of (1) Lastec rough mower for $15,000.00 net of trade - in, (1) Tri -Plex greens mower for $24,596.00 net of trade -in, (1) Tri -flex tee mower for $21,710.00 net of trade -in, and (1) Light Duty utility vehicle for $5,910 net of trade -in. Motion by Trustee Yusuf, seconded by Trustee Manofsky, 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 a net of trade -in amount of $67,216.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 8) 2007 PAVING PROJECT Since the bid opening staff researched several issues. In trying to analyze the extremely high bridge prices, the following was noted: 1. Bridge subcontractors indicated that the Baybrook Lane bridge is a very small project with small quantities. They probably increased their prices due to the small nature. 2. It seems that the bridge (structural) contractors are extremely busy with other projects, such as the I -355 extension, the Dan Ryan Expressway, and several school district bids. They may also be increasing their prices due to this. 3. If the bridge were to be re -bid, it may be reasonable to assume similar prices due to the above. If it were to be re -bid in 2008, the small nature probably would include higher prices as well as inflationary factors. Concerning the paving portion, the low bid was below the estimate and is advantageous to the Village. If it were re -bid either this year or next year, it is reasonable to assume that the prices would increase, perhaps significantly. Staff did confirm with IDOT that, since it is an MFT project, the Village was not allowed to negotiate with the low bidder. R.W. Dunteman is a qualified contractor. They did the Ginger Creek Paving Project in 1994 which was the first project to install concrete shoulders and that project won an American Public Works Association award. VILLAGE OF OAK BROOK Minutes Page 12 of 32 FEBRUARY 27, 2007 9. C. 8) Trustee Kennedy recognized the explanations as to why the costs for the bridge construction was almost double, but asked whether Village Engineer Durfey felt that the costs would decline if the project was delayed a year. Engineer Durfey did not believe that would happen. Trustee Kennedy then asked where would the extra funding for the project come from. Engineer Durfey responded that there may be other projects that would not come to fruition and those funds could be transferred. Trustee Kennedy agreed that the project would probably not be any cheaper and the Village should move forward. Motion by Trustee Aktipis, seconded by Trustee Kennedy, to award a contract to the lowest responsive and responsible bidder, R.W. Dunteman Company, subject to staff review, for the 2007 Paving Project in the amount of $854,104.96. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. President Quinlan remembered that he had indicated the following item would be addressed earlier on the agenda. 10. C. 2) VILLAGE MANAGER SEARCH CONSULTING FIRM The Village President and Board of Trustees created a Village Manager Search Committee (Committee) consisting of Trustee Kennedy, Trustee Manofsky and Trustee Sanford. The Committee met as directed to develop an overall strategy for the advertisement, selection process and retention of a new Village Manager. In so doing, the Committee first met with current Village Manager Boehm and Assistant Village Manager Moline to develop a list of priorities and requirements to assist in performing a search both internally and externally in the most expeditious, yet comprehensive manner. The Committee felt the best course of action was to interview independent consulting firms that specialize in executive placement. The Committee interviewed two firms, namely, The PAR Group, Libertyille, Illinois, and McGrath Consulting Group, Wonder Lake, Illinois. After reviewing both proposals, it is clear that The PAR Group has extensive experience in local government throughout the State of Illinois and across the country. The PAR Group's principal, Heidi Voorhees, who has worked in village management for twenty -five years and was Village Manager in Wilmette for over ten years, would be the point person to oversee the Village Manager search process. The major tenets of their process include interviews with the stakeholders, each member of the Village Board, either individually or collectively, as well as each department head of the Village of Oak Brook, either individually or collectively. VILLAGE OF OAK BROOK Minutes Page 13 of 32 FEBRUARY 27, 2007 10. C. 2) From these interviews, the PAR Group develops a job model and profile which stands as the recruitment piece for the Oak Brook Village Manager position. Once the profile, the advertisement, resume ranking and backgrounds are all completed by The PAR Group, a sample set of candidates is referred to the Village for interviews, which will be structured by The PAR Group. They will also be present during the interview process. The overall time frame from approval of an agreement with the consulting firm to placement of the successful candidate is approximately five months. Detailed information is included in The PAR Group's proposal including the projected cost of the process being approximately $18,000. The PAR Group brings extensive information, firsthand knowledge of local government and a sounding board for any questions. In addition, they guarantee the placement for twelve months, and if necessary to undertake the hiring process again in less than twelve months, it will be performed by The PAR Group at only out -of- pocket cost to the Village. McGrath Consulting Group, while exceptional, has mostly worked in the placement of fire and police chiefs. They are just beginning to assist in executive searches for village manager. Their screening process includes in- basket exercises which are similar to the process used in the hiring of public safety employees. Trustee Kennedy reported that the Search Committee consisted of himself, Trustee Manofsky and Trustee Sanford and that they had met (Trustee Sanford via telephone) several times and unanimously agreed to retain The PAR Group after he and Trustee Manofsky interviewed two search firms. Mr. Mark Morien presented credentials of The PAR Group and outlined the process of recruitment, screening, interviewing and selection. Trustee Aktipis questioned if the Committee had suggested that they recruit nationally and not taken into consideration local experience. Mr. Morien responded that a major emphasis would be within the area, but felt that the Village should test the national audience. Trustee Kennedy added that The PAR Group suggested that by searching nationally, that there might be previous Illinois applicants interested in returning to Illinois. Trustee Sanford indicated that he had spoken with another municipality that was doing a similar search, had retained The PAR Group and was very happy with the process. Motion by Trustee Kennedy, seconded by Trustee Manofsky, that the Village Board concur with the recommendation of the Village Manager Search Committee and approve the Letter of Proposal dated February 16, 2007 from The PAR Group and thereby retain The PAR Group to assist the Village with the Recruitment, Screening, Interviewing and Selection Process for the position of Village Manager subject to review by the Village Attorney. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 14 of 32 FEBRUARY 27, 2007 10. C. 2) Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. The Board returned to the original order of the printed agenda. 9) FINANCIAL SOFTWARE CONSULTANT The Village Board, at its meeting of October 10, 2006, authorized staff to receive proposals for consulting services in conjunction with our financial accounting software replacement project and to bring a negotiated package to the Village Board for final action. Proposals were submitted by two firms — Conlon Group, Inc. and Crowe, Chizek and Company LLC. Conlon Group proposed a lump sum cost of $18,000 and Crowe Chizek proposed a cost of $44,940. Staff recommends awarding the consulting contract to Conlon Group as the best value package for our purposes. The references for Conlon Group were found to be satisfactory and they have appropriate experience for this type of work. The scope of work to be performed by the Conlon Group will include Needs Analysis, RFP Preparation, Vendor Evaluation and Contract Negotiations. An optional phase consisting of implementation assistance may be performed by Village staff or hire Conlon Group to provide this assistance. That decision will be made as the Village gets closer to implementation and know how much help we may be needed during that phase. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award a contract for Financial Software Consulting Services to the lowest responsive and responsible proposer, Conlon Group, Inc., Hoffman Estates, IL. subject to staff review, for the total cost of $18,000. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 10) INTEGRATED TECHNOLOGIES The Village Board, at its meeting on August 22, 2006, approved the Police Department's request to solicit proposals to replace our integrated in -car video systems. The RFP notice was published on November 1, 2006 with a closing date of November 15, 2006. The Village received six (6) responses. Those responses were received from: VILLAGE OF OAK BROOK Minutes Page 15 of 32 FEBRUARY 27, 2007 9. C. 10) • Digital Ally • Data 911 • RoadRunner • Closed Circuit Innovations • Coban • Integrated Technologies Digital Ally, Data 911 and RoadRunner were not selected to advance in the selection process due to one or more of the following: cost, design and immediacy of maintenance / technical support. Integrated systems from each vendor were field tested for a minimum of two weeks and at the conclusion of those field tests it was determined that Integrated Technologies offered the most cost effective product. The Integrated Technologies system includes: • Three (3) cameras (forward facing, rear facing and a rear passenger compartment camera). All three cameras record simultaneously. • Two (2) microphones (a wireless microphone worn by the officer and a microphone mounted in the squad). • Speed and crash sensor triggers that activate the recording system. • Enhanced administrative controls that can be set to restrict access to recorded information. • Enhanced search capabilities that allow a user to locate recorded videos by date, officer and /or event type. • Three (3) methods of video transfer (wireless, hard wire and removable hard drive). • Live streaming video and audio feed from the squad to the Police Department. • A one (1) year warranty on the camera system and a three (3) year warranty on the computer system; with the option to purchase additional years at any time during the term of the current warranty. • 24 -hour service / 365 days a year with no additional monthly maintenance fee. • The ability to troubleshoot and repair system failures on -line. • On site warranty repairs at no additional cost. The Integrated Technologies system functioned as designed. Staff did not experience any audio, video or tracking failures during our field test. The vendor successfully demonstrated the systems ability to access, view and control off -site CCTV Systems. VILLAGE OF OAK BROOK Minutes Page 16 of 32 FEBRUARY 27, 2007 9. C. 10) An additional cost associated with this recommendation but not included in the total cost of the purchase through Integrated Technologies is that of a digital video storage server. Purchasing a dedicated server will facilitate accessing stored data through the network without compromising the integrity of the Village's system and ensure the retention of uploaded data for at least thirty (30) days. The IS Department will select a digital video storage server that is compatible with the Village network at a cost of approximately $7,500. That server will be purchased from the Village Communication Center Program 633 from the new equipment line item 9010. Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board award a contract for eleven (11) integrated in -car video systems to include client software, one (1) wireless upload point and two (2) wired upload points to the lowest responsive and responsible proposer, Integrated Technologies, Elm Grove, WI subject to staff review, for the total cost of $113,585, as indicated on the proposal tabulation. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. D. DISCUSSION OF PROPOSED CLEARWATER DEVELOPMENT AGREEMENT - THE JOHN BUCK COMPANY Since the Clearwater project was approved by the Village Board on January 23, 2007 as Ordinance 2007- ZO -TA -G -827, Village Staff and representatives of The John Buck Company have had ongoing discussions with the goal of facilitating the preparation of a development agreement which formalizes the many site specific details and improvements which will be required for the construction of the Clearwater Project. The specific types of improvements contemplated by this agreement are outlined in detail in the draft Clearwater Development Agreement dated February 23, 2007 Motion by Trustee Kennedy, seconded by Trustee Yusuf, to direct the Acting Village Manager to continue discussion with The John Buck Company on a proposed Development Agreement for the Clearwater Project. Once discussions are complete, the proposed the Development Agreement shall be forwarded to the Village Board for final action. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS VILLAGE OF OAK BROOK Minutes Page 17 of 32 FEBRUARY 27, 2007 10. A. 1) COMMERCIAL REVITALIZATION TASK FORCE Currently the Commercial Revitalization Task Force consist of six (6) members; two (2) will be appointed from the Village Board of Trustees; one (1) Village President, one (1) member who is the Chair of the Plan Commission and one (1) member who is the Chair of the Zoning Board and one (1) staff member. This committee has been charged with executing and implementing a master plan for the revitalization of the commercial corridor along with Village beautification. Since the Greater Oak Brook Chamber of Commerce is an active part of the business community it makes sense to have a representative from the Chamber present on this Task Force. President Quinlan recommended that the Village Board of Trustees approve the increase from six (6) members to seven (7) members of the Commercial Revitalization Task Force and approve the appointment of the Director of the Greater Oak Brook Chamber of Commerce to the Commercial Revitalizatoin Task Force as appointed by President Quinlan. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to confirm the appointment of the Director of the Greater Oak Brook Chamber of Commerce made by President Quinlan to the Commercial Revitalization Task Force. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE AMENDING TITLE 4 (BUSINESS AND LICENSE REGULATIONS), CHAPTER 1 (LIQUOR CONTROL), SECTIONS 15 (CONDITIONS OF LICENSE) 16 (TEMPORARY LICENSES) AND 23 (AGE RESTRICTIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS From time to time the Village Code requires updating. Assistant Village Attorney Gosselar and the Village Clerk reviewed Chapter 1 of Title 4 of the Village Code relative to liquor licenses and recommend three amendments. The first amendment requires a change in Section 15 (Conditions of License) relative to the permitted hours for sale and consumption of alcohol. The Village Clerk requested this amendment to clarify to our licensees the specific hours that alcohol is allowed to be sold and consumed. The second update is that the State of Illinois Liquor Control Commission has ruled that temporary liquor licenses are not permitted, therefore it is recommended that Section 16 (Temporary Licenses) be amended by deleting such Section without replacement. The third VILLAGE OF OAK BROOK Minutes Page 18 of 32 FEBRUARY 27, 2007 10. B. 1) amendment requires deletion of Section 23 (Age Restrictions) in that the State of Illinois Liquor Control Commission has issued a new Proof of Age warning sign and is to be replaced by the appropriate language as stated in their warning sign. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -828, "An Ordinance Amending Title 4, Chapter 1, Sections 15 (Conditions of License), 16 (Temporary Licenses) and Section 23 (Age Restrictions) of the Village Code of the Village of Oak Brook, Illinois ". ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) 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 - HARRY & DAVID. Bear Creek Stores, Inc. d /b /a Harry and David has made application to the Village of Oak Brook for a Class B Liquor License for their store located at 100 Oakbrook Center. A Class B liquor license allows the retail sale of alcoholic liquors in the original package, not for consumption on the premises where sold. The General Manager Brad Schulz's background check is being processed at this time. Mr. Schulz will attend the next BASSET session by our Police Department as required by the Village Code as well as provide their employee liquor training manual. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -829, "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: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) AN ORDINANCE AMENDING TITLE 1, CHAPTER 4, ARTICLE B, SECTION 6 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS TO ESTABLISH PROCEDURES TO AUTHORIZE THE DESTRUCTION OF THE VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE OF OAK BROOK BOARD OF TRUSTEES The consensus of the Board was to continue this item to the next meeting. VILLAGE OF OAK BROOK Minutes Page 19 of 32 FEBRUARY 27, 2007 10. B. 4) AN ORDINANCE AMENDING SECTION 7.01 (SEXUAL HARASSMENT POLICY) OF ARTICLE VII (MISCELLANEOUS POLICIES) OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF OAK BROOK TO INCLUDE HARASSMENT, SEXUAL HARASSMENT, AND ANTI - RETALIATION Attached is a proposed ordinance amending the current Oak Brook Sexual Harassment Policy under the Village Personnel Manual. The revisions to this policy include expanding harassment to all forms of harassment, not just sexual harassment, and further detailing prohibited activity and conduct, complaint and appeal process and discipline for harassers and retaliators. In addition, the prohibition of retaliation has been developed into a separate section and broadened to comply with applicable laws and the standards set by IRMA. These sections have been further defined using standard language from the Equal Employment Opportunity Commission model policies and the draft has been reviewed by corporate counsel from IRMA and by Village Attorney Barbara Gosselar. In addition, the policy now will include an endorsement of understanding and compliance to be signed by all employees of the Village and by officials, elected and appointed, of the Village. Further, these policies are required to be adhered to by contractors doing business with the Village. Note, being that the policy to be approved specifically applies to employees of the Village, the ordinance has been drafted to apply the policy to officials of the Village as well. Training will be conducted for all employees and elected officials will also be notified of the trainings. Trustee Kennedy asked if this had been reviewed by labor counsel. Assistant Village Manager Moline responded that it had been reviewed by IRMA's counsel. He continued that the ordinance was modeled after EEOC policies, current policy and some of the recommendations that IRMA has made and made to other communities through the audit that they do. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -831, An Ordinance Amending Section 7.01 (Sexual Harassment Policy) of Article VII (Miscellaneous Policies) of the Personnel Rules and Regulations of the Village of Oak Brook to include Harassment, Sexual Harassment and Anti - Retaliation. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 20 of 32 FEBRUARY 27, 2007 10. B. 5) AN ORDINANCE APPROVING THE 2007 THE SALARY PLAN AND AN AMENDMENT TO THE SALARY ADMINISTRATION POLICY FOR NON - REPRESENTED EMPLOYEES OF THE VILLAGE OF OAK BROOK, IL President Quinlan commented that the Village maintains operations with a very lean staff and require a lot from our personnel. He asked for approval of the salary plan in order to better align the Village salaries with surrounding areas and properly reward staff. In accordance with the Village of Oak Brook Personnel Manual and Salary Administration Policy, Village Staff, with the approval of the Village Board retained the Hay Group to perform a Salary Plan Study of all pay grades for full time positions within the Village of Oak Brook. The study consisted of a survey of 16 municipalities set as comparable communities through arbitration in 1997 along with a review of adjustment pay schedules and the additional systematic point review of specific ranges and job models in relation to current pay to determine whether these target items needed to be amended. The policy of the Village of Oak Brook sets the goal of the Village pay plan to target all pay grades to pay at the 66 percentile of like communities. As is fully set forth in the Hay Study highlights listed below, this target is the major measurement in the 2007 Hay Study. Based on the 2007 Hay Study, the Recommendation for the 2007 Salary Plan and Salary Administration Policy is as follows: A) Extension of Range Adjustments for each Pay Grade consistent with the recommendation from the Hay Group Pay Study which will enable Oak Brook to maintain the market 66`x' percentile of pay policy. B) Extension of a Pay Adjustment to Full Time Employees consistent with the range increase proposed by the Hay Group with a maximum Pay Adjustment increase of 5 %. C) Continuation of the Merit Pay for employees moving through grade and continuation of the Longevity Pay attached to the Performance Appraisal in the amounts of $400, $500, and $600 for service of 10, 15, 20 years respectively. D) Approval of a revision to the Village Personnel Manual to amend the pay increase provision provided to employees receiving promotion from one (1) pay grade to another pay grade 2007 Salary Ranges: Establishment of Minimum and Maximum Pay per Grade The Village of Oak Brook has eleven (11) pay grades, each with a minimum and maximum pay range. All full time employees fall within a grade, save the VILLAGE OF OAK BROOK Minutes Page 21 of 32 FEBRUARY 27, 2007 10. B. 5) Village Manager, and no employee has a salary higher than their respective salary maximum. The recommendation for the 2007 Pay Grades is based on the pay study completed by Hay Group. This study is somewhat similar to the Department of Labor's approach to analyzing pricing for the consumer price indexing. That is, the salaries and job functions of the same "target set" of employment positions are compared every three years with positions in each of the Oak Brook eleven (11) pay grades represented in the mix. In addition, at staff request Hay evaluated 5 additional positions and analyzed the internal equity of the positions, and in particular, pay ranges 7, 8, and 9 to determine if an additional range should be created. Hay reviewed the positions and provided the raw data for the 5 positions as requested and determined based on the points per job model that the addition of a grade is not warranted. Movement through Pay Grades: Performance Based Merit Increase Movement through a respective pay grade is based on performance and only affects those employees that have not reached the top (maximum) of the pay grade,; approximately 43% of the employees are moving through grade. Each of the recommended 2007 Pay Grades has a spread of 35% from the minimum of the range to the maximum of the range. Employees are generally hired at or near the minimum of the pay range and then receive a pay increase based on performance (merit increase) on the employee's respective anniversary date. Under the present Salary Plan, top performing employees can move from the minimum of the pay grade to the maximum of the pay grade in approximately 7.5 years. Once an employee reaches the top of their respective pay range (topped out), the employee thereafter only receives only the range adjustment. As stated in the Personnel Manual and Salary Administration Policy, the objectives of a performance appraisal are several: 1. To develop and improve performance and to maintain performance at the highest possible level. 2. To provide for variation in compensation and incentive based as directly as possible upon merit. 3 To assist supervisors in personnel administration and organizational management. Merit adjustments are determined based upon the employee's performance as measured through the standard Employee Performance Appraisal approved by the Village Manager for all departments. Merit adjustments shall occur within the parameters of the Salary Plan with a minimum of 0.00% for employees performing "Below Standards" to a maximum of 5.00% for "Excellent" performance, provided employees can not exceed the maximum salary range for the position. VILLAGE OF OAK BROOK Minutes Page 22 of 32 FEBRUARY 27, 2007 10. B. 5) Longevity Pay: Also included in the Salary Plan for 2007 is the continuation of the Meritorious Longevity Pay for topped out employees based on years of service. The premise of this benefit is that employees are recognized for dedicated service in that full time Oak Brook employees that receive a performance review score equating to "Meets All Standards" performance shall receive an annual one (1) time lump - sum longevity pay beginning in their tenth (10'x') year of employment and commencing annually thereafter according to the following schedule: Years 10 — 14: $400.00 Years 15 — 19: $500.00 Years 20 and on: $600.00 Amendment to Employment Positions: Re -title the position of Accounting Manager to Assistant Finance Director: Darrell Langlois, Finance Director, requested that the current position of Accounting Manager be re- titled to Assistant Finance Director. This change would be in title only and is consistent with the survey data received by the Hay Group. That is, of the 12 municipalities reporting on the position of Accounting Manager, 6 of the municipalities title the position with a "close" or "slightly larger" set of responsibilities and with fairly consistent pay as Assistant Finance Director. Therefore, the Manager's Office is recommending the change in title be made and the pay remain consistent with the present Accounting Manager structure. Personnel Manual Amendments: Finally, another area of the Village Pay Plan that has been under review and one that the Village had Hay research relates to timing of salary adjustments, and more specifically, the impact of the timing of adjustment on employees that have received promotion. The problem is that the Village extends a 5% base salary pay increase to employees that are being promoted for all promotions. This practice does not take into account employees being promoted from a non - exempt to an exempt pay classification (loss of overtime) and the timing impact of moving from a January 1 increase at "top -of- grade" to receiving salary increases on the anniversary date of the promotion. For example, if a sergeant in the Police Department is promoted by the BFPC from sergeant to lieutenant, the employee is moving from grade 8 to grade 9, loses the ability to earn overtime and receives only a 5% increase. In some cases, the promotions under the current practice can result in loss of pay. VILLAGE OF OAK BROOK Minutes Page 23 of 32 FEBRUARY 27, 2007 10. B. 5) Therefore, the recommendation from staff is to amend the Personnel Manual to include the following provision in Section 3.06 that reads as follows: Full time employees that earn promotion from one full time position to another full time position shall be entitled to a five (5) to twelve (12) percent increase to their base salary based on a recommendation from their department head and approval of the Village Manager. As such, promotions that have been approved within the last two calendar years will be reviewed and if necessary, adjustments approved by the Village Manager. Budizet Impact Due to the implementation of this recommendation, it will result in the need for a budget offset of approximately $80,000. However, the delay in hiring in some of the current budget positions that are being advertised for currently as well as the savings recognized while the Village searches for a new manager will greatly offset this impact. Motion by Trustee Kennedy, seconded by Trustee Manofsky, for Passage of Ordinance S -1187 Approving the Salary Plan and Salary Administration Policy for all Full Time Non - Represented Employees of the Village of Oak Brook in Accordance with the Recommendations from the Hay Group and Village Staff as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. B. 6) A RESOLUTION AMENDING THE FAIR LABOR STANDARDS ACT POLICIES FOR THE VILLAGE OF OAK BROOK This Resolution amends the Village of Oak Brook Fair Labor Standards by altering certain titles of positions as they are defined in the Personnel Manual, namely, Bath & Tennis Operations Manager (formerly Bath & Tennis Club Manager) and Head Chef (formerly Executive Chef) and eliminating Food & Beverage Manager, in relation to the reorganizational changes made within the Bath & Tennis Club with the passage of R -956 in October, 2006. Motion by Trustee Manofsky, seconded by Trustee Kennedy , for passage of Resolution R -968, A Resolution Amending The Fair Labor Standards Act Policies For The Village Of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 24 of 32 FEBRUARY 27, 2007 10. B. 7) AN ORDINANCE AUTHORIZING A LOAN TO THE SPORTS CORE FUND The ordinance authorizing loans from the General Corporate Fund to the Sports Core Fund expired on January 31, 2007. The prior ordinance authorized a consolidated loan of up to $1,290,000 in order to fund capital and operating needs of the Sports Core dating from 1996 -2003. On January 10, 2007, for the third consecutive year an interfund loan was not required in order to finance Sports Core operations. That being said, only a minimum cash balance remained at the end of 2006 and none of the principal on the $1,290,000 obligation was repaid during 2006. The 2006 budget did not project repaying any of the principal in 2006. At the present time the only action that is requested is to extend the term of the loan for an additional one -year period. Over the last several years the Sports Core has made significant strides in eliminating operating deficits that averaged $161,000 from 1996 -2003. If progress continues toward profitability the Sports Core should be able to begin progress on retiring this obligation. Per the 2007- 2011 Five -Year Financial Plan, repayment of this loan is projected to begin in 2010. Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of Ordinance 2007 -BU -S -1186, an Ordinance Authorizing a Loan to the Sports Core Fund. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 8) AN ORDINANCE AMENDING THE INVESTMENT POLICY FOR THE VILLAGE OF OAK BROOK, IL The investment of Village funds is controlled by a formal Investment Policy that was first adopted in 1995 and was last revised in 1999. The types of fixed income investments that are allowed for non -home rule communities under state statutes are included within the Investment Policy. Also included within the Investment Policy is the performance standard that is used to evaluate the effectiveness of the investment program. The Policy states that the investment portfolio should be designed to obtain a rate of return "equal to 50 basis points greater than the 90 Day US Treasury -Bill rate ". The investment performance is reported on a monthly basis to the Village Board on the Treasurer's Report. When the performance standard was established in 1995 it was admittedly a lofty standard. The manner in which the Village was able to exceed the 90 day T -bill rate by 50 basis points was to lengthen the average maturity of the portfolio to the 1 to 2 year range. Also, some increase in yield was found by investing in US VILLAGE OF OAK BROOK Minutes Page 25 of 32 FEBRUARY 27, 2007 10. B. 8) agency securities or certificates of deposit instead of direct US treasury obligations. Over the last four or five years the fixed income investment markets have changed significantly making it very difficult to achieve the performance results spelled out in the investment policy. First, the interest rate spread between non - callable US agency securities and US Treasury securities has significantly narrowed. Secondly, a large number of increases and decreases in short-tem interest rates established by the Federal Reserve have led to volatility in the Village's marked to market investments (IMET and Illinois Funds primarily). Third and most importantly, there has been a significant flattening and in some cases even an inverted yield curve has developed. By the performance measure established in the investment policy, the investment portfolio would be expected to earn 5.52 %. Based on the investment restrictions and low risk characteristics established in the investment policy and by law, it is not possible to consistently earn a rate of return that is 50 basis points greater than the 90 -day T -Bill rate due to the flat and in fact inverted yield curve that has existed over the last year or two. Most investment forecasts do not project a significant "steepening" of the yield curve in the near future, which would make the current performance measure more attainable. Due to all of these factors it is Finance Director Langlois' recommendation that the performance measure in the investment policy be changed to eliminating the 50 basis point spread, resulting in the new standard being to meet or exceed the 90 -day T -Bill rate. This change will result in a more meaningful and realistic expectation of investment performance in today's marketplace. Motion by Trustee Yusuf, seconded by Trustee Aktipis, for passage of Ordinance S -1185, An Ordinance Amending the Investment Policy for the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 9) AN ORDINANCE AMENDING SECTION 3 -2 -5A (DEPARTMENTAL FEES /EMERGENCY MEDICAL SERVICES) OF CHAPTER 2 (FIRE DEPARTMENT) OF TITLE 3 (PUBLIC SAFETY) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK AND INCREASING FEES FOR USE OF EMERGENCY MEDICAL SERVICES PROVIDED BY THE OAK BROOK FIRE DEPARTMENT The Village of Oak Brook assesses a user charge for all ambulance calls VILLAGE OF OAK BROOK Minutes Page 26 of 32 FEBRUARY 27, 2007 10. B. 9) involving transportation of the patient (those refusing transportation are not billed). The Village charges a "bundled" rate for providing the service plus a mileage amount for the distance to the hospital. At the present time the Village charges differing rates for three service levels -Basic Life Support (BLS), Advance Life Support I (ALS I) and Advance Life Support II (ALS II). Most of the charges assessed are for BLS or ALS I as ALS II is a very high service level that the Village has only billed for on 14 occasions in the last year. In addition to these three service tiers, the rate structure charges differing rates for residents and non - residents. The starting point involved in setting ambulance fee rates is the Medicare allowed fee schedule. By law, the amount the Village can charge any patient covered by Medicare is published annually in a schedule provided by the Centers for Medicare and Medicaid Services (CMS). What this means is that although the Village can legally charge whatever it decides for an ambulance transport, the Village is limited on what it can charge Medicare patients. Thus, if the Village assesses a charge greater than the Medicare fee schedule amount, the Village is required to write off any amount over the Medicare rate. Other than deductibles and co -pays, the Village is not allowed to balance bill the patient. For patients not covered by Medicare, the Village has authority to set whatever rate it chooses bearing in mind that if you set rates too high, many insurance companies will limit reimbursement to reasonable and customary charges. Balance billing for excess charges not covered by insurance can be difficult. The ambulance fee charges currently in effect were last adjusted in 2003. Since that time the Medicare allowed fees have increased and now all of the Village's resident rates are below the Medicare allowed amount. Historically, approximately 75% of resident ambulance billing is covered by Medicare, with much of the remainder being covered by private insurance. Thus, to have a resident billing rate that is below what Medicare allows leaves "money on the table" since Medicare and insurance will be paying less that they normally would. The resident rate should be set at least at the Medicare allowed amount, with the resulting increase only impacting residents in those very few instances where they do not have Medicare or private insurance. The proposed rates noted below have been set based on the Medicare fee schedule currently in effect, rounded to the next $50 increment for ease of administration. As it related to non - residents, since the rate was last adjusted in 2003 it makes sense to increase those rates also. The proposed rates have been increased by approximately the same dollar amount that the resident rates have been increased. The mix of patients for non - residents is much different than residents as only 12.5% of these calls during 2006 involved Medicare. Thus, the Village will not be able to collect the higher non - resident fee in those cases and must accept the Medicare rate for non - residents. VILLAGE OF OAK BROOK Minutes Page 27 of 32 FEBRUARY 27, 2007 10. B. 9) Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board approve Ordinance G -833, "An Ordinance Amending Section 3 -2 -5A of Chapter 2 of Title 3 of the Village Code of the Village of Oak Brook and Increasing the Fees for Use of Emergency Medical Services Provided by the Oak Brook Fire Department ". ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT Kale Uniforms has agreed to again honor 2006 prices for police uniforms and equipment for 2007. Kale has been the sole supplier of uniforms and equipment for the Police Department for the past 8 years. The Police Department has built a great working relationship with Kales and the service is outstanding. By remaining with Kale Uniforms, the Village maintains uniformity and quality in the uniforms and equipment that are issued to our officers. The last time the Village went out to bid for police uniforms and equipment was 2003. Kale Uniforms was the only bidder that submitted a responsive bid to our specifications. The second company that submitted a bid, Ray O'Herron, did not meet our specifications. There is not another supplier in the area that carries Oak Brook's police uniform specifications. This contract will operate as a requirements contract. Orders will be placed when and if the Police Department has such needs. There is no requirement that the Village purchase a set quantity (the Village retains the right to either increase or decrease quantities as a sole option). The Village has the option to purchase the police equipment through other sources in cases of emergency, if needed sooner than can be supplied by Kale Uniforms. This item was brought before the Board on March 8, 2005 and it was suggested by Trustee Yusuf to consider Ray O'Herron's prices. This was done and the results were that Kale Uniforms was still less in price by over $1,000.00. They also do not carry all of our specified items (like Kale does) which would require officers to visit both suppliers when being outfitted. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village board waive bidding, due to sole source, and award a requirements contract for Police Uniforms and Equipment to Kale Uniforms Inc, 1233 West Monroe Street, Chicago, Illinois 60607. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 28 of 32 FEBRUARY 27, 2007 10. D. POLITICAL /CAMPAIGN SIGNS IN OAK BROOK RIGHTS -OF -WAYS AND PUBLIC PROPERTY With each Municipal Election season, the issue of political signs on Village owned right -of -ways and public property surfaces. The Village Code under Title 13, Chapter 2, Section 2 "Definitions, " does not allow for political signs to be placed in Village right -of -ways and Village owned property. The main concern with the placement of signs in the public right -of -way is that the signs may cause line -of -sight issues that could result in incidents /accidents due to view obstructions caused on motorists or pedestrians. Oak Brook Village Code: Title 13, Chapter 2, Section 2 "Definitions ": SIGN, POLITICAL: A sign or poster concerning candidates for office, public issues or similar matters to be decided by the public at a regular or special election provided they are displayed no more than thirty (30) days prior to an election and removed no later than seven (7) days after such election. Such signs shall not exceed six (6) square feet in size, shall not be illuminated in any manner, shall not be affixed to any public utility, pole, tree or natural object, nor be located within a public right of way, nor create a safety or sight distance problem. Permission to post such signs must be obtained from the owner(s) of the property on which signs are placed. However, there is one provision of the definition that must be amended. That is, based on Christiansen v City of Wheaton, the United States District Court determined that the Village of Bensenville Ordinance that limited the display of political signs to thirty (30) days prior to the election was unconstitutional in that the plaintiff's right to his First Amendment Rights outweighed the arguments posed by the defendant for the time constraint. Therefore, the Village of Oak Brook Ordinance which has the same thirty (30) day provision is unenforceable. With Board direction, staff will draft the necessary amendment for approval by the Village Board at the March 13, 2007 Village Board Meeting. The following will be the policy for Political Signs on Village of Oak Brook Right - of -Ways and Oak Brook owned property for the upcoming Municipal Election: • Political Signs will not be allowed on Oak Brook Right -of -Ways as controlled by the Village Code (13 -2 -2); • Political Signs on Village owned property or within Village Right -of -Ways will be removed by the Public Works and Community Development staff and stored at the Public Works facility. Village Administrative staff will attempt to contact the candidates and candidates may pick the signs up at the Public Works Facility during the regular business hours of the department. • The Village will not enforce the limitation on displaying signs no more than thirty (30) days prior to the election; • The Village will adhere to all other provisions including the requirement that signs be removed no more than seven (7) days following the election. VILLAGE OF OAK BROOK Minutes Page 29 of 32 FEBRUARY 27, 2007 10. D. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to direct Village Staff to prepare the necessary Ordinance for presentation to the Plan Commission and Zoning Board of Appeals to amend the Village Zoning Code with respect only to the time frame for display of Political Signs and direct staff to proceed with the Policy on Political Sign Enforcement as prescribed herein. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. E. 34 BREAKENRIDGE FARM WATER SERVICE REQUEST Staff has received a letter dated February 2, 2007 from Robert M. Claes representing Joseph and Maureen Perri, the owners of 34 and 36 Breakenridge Farm. The Perri's currently live in a home on 36 Breakenridge Farm and wish to construct a home on 34 Breakenridge Farm. Section 8 -2A -7 of the Code states "Installation of water main prerequisites to a connection: No water service may be made unless a water main meeting the requirements of this title has been installed adjacent to the property to be served." Section 8 -2A -9 of the Code states "Extensions to adjoining premises prohibited: No property owner will be permitted to extend a water service across a lot to adjoining premises to avoid an extension of a water main to serve those adjoining premises." Staff has reviewed the applicant's request and the Village's water system. It appears that 34 Breakenridge Farm is the only lot in the immediate area that does not have water service available. As such, there seems to be no reason to require the construction of a water main. This seems to be a unique case for this immediate area and staff does not disagree with the applicant's request. Since the applicant is proposing the crossing of 36 Breakenridge Farm for both water service and sanitary sewer service, appropriate legal documents need to be submitted and approved prior to them receiving a Village permit to construct the water service. Therefore, any Village approval of this request needs this as a condition. Trustee Kennedy pointed out that this home was in a land locked position and he was concerned as to how Village emergency vehicles would be able to respond. He suggested an amendment that at the time of construction of the water supply line that the line be sufficient to support residential fire sprinklers in the home and that the building permit require residential fire sprinklers. Trustee Aktipis felt that this was an undue requirement for the owner. President Quinlan asked Fire Chief James Bodony for an opinion. Chief Bodony responded that fire sprinklers were not new, but new to Oak Brook. He emphasized VILLAGE OF OAK BROOK Minutes Page 30 of 32 FEBRUARY 27, 2007 10. E. that Breakenridge presented the greatest fire suppression problem in the Village because of the inaccessibility of the homes. He suggested that the water supply line should be able to support residential fire sprinklers and let the owner determine at a later date whether they wish to install them as the time of construction. The owner, attending the meeting, did not have an objection to the request. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village President and Board of Trustees grant a variation to Sections 8 -2A -7 and 8 -2A -9 of the Village Code to permit 34 Breakenridge Farm to connect to the Village's water main between 36 and 35 Breakenridge Farm subject to the submittal of all necessary legal documents and permit requirements and that at the time of construction of the water supply line that the line be sufficient to support residential fire sprinklers in the home. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT - None presented. B. VILLAGE MANAGER - None presented. C. VILLAGE CLERK - Clerk Gonnella reminded residents about Voter Registration and Absentee Ballot Applications and provided the office hours of the Clerk's Office. 12. ADJOURN TO CLOSED MEETING to consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or to consider administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11) Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn to Closed Meeting at 9:20 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 10:01 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 31 of 32 FEBRUARY 27, 2007 ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 32 of 32 FEBRUARY 27, 2007