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Minutes - 02/28/2006 - Board of TrusteesMINUTES OF THE FEBRUARY 28, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 14, 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 7:30 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, Robert G. Sanford and Asif Yusuf, Trustee Sanford participated via teleconferencing. ABSENT: None. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; Kenneth T. Kubiesa, Village Attorney; James Bodony, Fire Chief, Thomas Sheahan, Chief of Police; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; Michael J. Meranda, Public Works Director; Nelson Patras, Interim Bath & Tennis Club Manager and Sean Creed, Golf Course Superintendent. Trustee Aktipis, indicating that Village Ordinance permits teleconferencing if a Trustee is away on business, asked whether Trustee Sanford was away on business rather than vacation. Trustee Sanford acknowledged that his trip was for business. 3. PRESIDENT'S OPENING COMMENTS President Quinlan explained legislative changes in the structure of the Fire Pension Board which has left two vacancies on that board. He asked for volunteers from Village residents to serve who have financial and managerial backgrounds because the positions require decisions on investments for the Pension Fund as well as decisions regarding disability awards. He asked that residents interested in the positions contact the Village Clerk's office for application forms. President Quinlan clarified questions related to when the Village President may vote on an issue. He indicated that when one or more Trustees are absent, in order to be assured that the vote reflects a majority, the Village President may vote. In some instances it may cast a majority vote or in some instances may cause a vote to be tied which then causes VILLAGE OF OAK BROOK Minutes Page 1 of 17 February 28, 2006 3. the motion to fail. If there are further questions, a copy of the State Statute will be available at the Village Hall for review. Trustee Aktipis asked the Village Attorney to what type of motions it applied. Village Attorney Kubiesa responded that it applies to all ordinances, motions and resolutions that spend money or create a liability against the Village. 4. RESIDENT /VISITOR COMMENT Resident Audrey Muschler addressed the Board in support of the Mayslake Peabody Mansion Special Use acknowledging its' historic part of Oak Brook's heritage and the many cultural and educational programs. Resident Merl Douglas and A volunteer tour guide at Mayslake also spoke in support of the Mayslake Peabody Mansion Special Use also elaborating on the benefits, services and programs. Terry O'Malley as President of Oak Brook Citizen's for Better Government addressed the Board with allegations regarding a Village employee. President Quinlan responded that the Board was unable to discuss personnel issues in this forum. Resident Thomas Vollini spoke on the allegations and encouraged investigation by Village Board members. He complimented the Chief of Police and the professionalism of the staff that he observed during a recent incident in his neighborhood. President Quinlan responded that it was not the role of the Board of Trustees to involve itself in police investigations, that it was the role of the Chief of Police and the State's Attorney if it is determined to be of a criminal nature. The Chief of Police works with the Board of Fire and Police Commissioners and he had full faith in their abilities. Trustee Aktipis reiterated that he too had faith that the Chief of Police would handle the situation appropriately. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF FEBRUARY 13, 2006 Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of the February 13, 2006 Special Board of Trustees Meeting as presented. VOICE VOTE: 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. VILLAGE OF OAK BROOK Minutes Page 2 of 17 February 28, 2006 6. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending February 24, 2006 - $343,193.35 Significant Items included in Above: 1) DuPage Water Commission - $127,248.11 B. Approval of Payroll for Pay Period Ending February 11, 2006 - $643,109.63 C. Community Development Referrals 1) Brittwood Creek, LLC — (formely known as the Breakenridge Woods, LLC) - Map Amendment, Preliminary Plat of Subdivision, Special Use and Variation to the Subdivision Regulations. 2) Villas of Oak Brook Subdivision — Final Plat and Variation to the Subdivision Regulations D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Deicer Salt — 2006/2007 2) 2006 Crack Seal Project E. Budget Adjustments 1) Purchasing — Digitizing Services F. Treasurer's Report — January, 2006 G. U.S. Conference of Mayors — 2006 Membership Renewal H. Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook I. Partial Vacation of Detention and Floodplain Easement — Lot 6 — Gateway Subdivision, 11 Gateway Lane J. Tuscan Woods Subdivision — Yorkshire Glen of Oak Brook Subdivision — Grant of Easements 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8. BOARD & COMMISSION RECOMMENDATIONS A. FOREST PRESERVE DISTRICT OF DUPAGE COUNTY — 1717 OAK BROOK ROAD (MAYSLAKE PEABODY MANSION) - SPECIAL USE The Forest Preserve District' of DuPage County has submitted a petition seeking approval of an amendment to their special use to accommodate an expansion of the special use area from 3.34 to 6.532 acres to allow the inclusion of the entire Retreat Wing (now known as the Learning Institute), the formal garden and surrounding grounds. This request also includes the following site improvements: • Construction of staff offices and artifact storage areas in the Learning Institute; • Construction of a gift shop, tea room and multi - purpose auditorium in the Learning Center; VILLAGE OF OAK BROOK Minutes Page 3 of 17 February 28, 2006 8. A. • Construction of a production kitchen for caterers to provide meals onsite; • Construction of the formal garden based upon the original landscape plans; and • Continue improvements to the quality of the historic garden, woodlands, wetlands and lake areas. All new improvements will be in keeping with the historic areas of the property with the approval from the Illinois Historic Preservation Agency. All other provisions of the existing approved special use will continue. Recommendation: The Plan Commission, by a vote of 6 to 0 and the Zoning Board of Appeals, by a vote of 4 to 1, recommended approval of the proposed Special Use to expand the area of the special use to accommodate several site improvements as requested from 3.34 acres to 6.53 acres as shown on page K of the case file, subject to the following conditions: 1. Development to be in accordance with the plans as submitted on pages M and N of the case file. 2. Subject the development and approval of a landscape plan to plant additional conifers along the west side of the parking lot. 3. All other provisions of Ordinances S -841 and 5 -1015 remain in full force and effect. In making this recommendation, both the Plan Commission and Zoning Board found that the applicant has met the required standards for an amendment to a Special Use. Also, no comments were received from the neighboring property owners that the proposed variation would negatively impact any adjacent property. Trustee Kennedy indicated that the request extended the existing Special Use in two respects: geographically from 3.3 acres to about 6.5 acres and to allow the Forest Preserve to construct in the retreat wing offices, storage space for artifacts, a tearoom, a small gift shop, a food preparation area and the original formal gardens adjoining the Peabody Estate which were planned in 1919 but never constructed. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals to approve the requested special use amendment for the property at 1717 Oak Brook Road (Mayslake Peabody Mansion) and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 14, 2006 Board of Trustees meeting. Trustee Kennedy iterated the conditions set forth by the Plan Commission and the Zoning Board of Appeals with minor amendments which encompass comments made by the Village Engineer Dale Durfey and requests made by the neighboring Trinity Lakes Homeowners Association: the development is to be in accordance with the VILLAGE OF OAK BROOK Minutes Page 4 of 17 February 28, 2006 8. A. plans as submitted on pages on M and N of the case file provided that the applicant shall meet all Village requirements at the time of building permit except that specifically varied or waived; subject to the development and approval of a landscape plan to plant additional conifers and natural screening along the west side of the parking lot with implementation to begin in 2006 as requested by the Trinity Lakes Homeowners Association to provide proper screening between the parking lots and the Peabody Mansion from homes in Trinity Lakes; and that all other provisions of Ordinances S841 and S1015 remain in full force and effect. It was confirmed that these conditions are acceptable to the Forest Preserve. Trustee Manofsky acknowledged Audrey Muschler's contribution to this project indicating that it was because of her that this area was saved from townhome development. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals to approve the requested special use amendment for the property at 1717 Oak Brook Road (Mayslake Peabody Mansion) and authorize the Village Attorney to draft the necessary ordinance for final consideration at the March 14, 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. President Quinlan, hearing no objections to his suggestion, moved forward agenda item 10.D., Objects Within Parkways to accommodate the residents in the audience. Resident Dr. Forutan addressed the Board regarding damage to structures built within the right -of -way. His concern addressed the requirement for mailboxes to be placed within the right -of -way and the position of the Village for replacing more expensive mailbox structures damaged by Village snowplows. He would like to see the Village agree to pay a portion of the replacement costs for the more expensive mailbox structures. Resident Lawrence Whitlow addressed the Board regarding objects in the right -of -way. He felt that many of these objects add to the beautification of the Village. He added that if there were concerns for safety there were other means, such as enforcement of speed limits, which could be used to prevent accidents. He expressed concern that if it is mandated to remove objects within the parkways that it be done uniformly across the board. 10. D. OBJECTS WITHIN PARKWAYS The Village Board approved Ordinance 1999- PW- CR -EXI -S -946 on July 13, 1999 adopting the first Public Works Construction Standards to establish uniform policies concerning requirements for and procedures regarding construction standards in the Village. Staff has been working on the first revision for several years. One particular VILLAGE OF OAK BROOK Minutes Page 5 of 17 February 28, 2006 10. D. section has received considerable debate and needs special attention before staff can finalize the revisions. The section entitled "Objects Within Parkways ". This section prohibits certain items from being placed within the right -of -way and was included to meet roadway guidelines, to keep the Village -owned parkways relatively clear and uncluttered, to allow space and access for utility installation and maintenance, to allow space and access for JULIE locates, to reduce the amount of damage to objects within those parkways should construction be needed (and minimize residential complaints about restoring their private objects), and to reduce the severity of accidents should a vehicle leave the roadway and therefore reduce the Village's liability. For example, if a vehicle left the roadway, struck a large boulder and people inside the vehicle sustained more injuries than would have occurred if the boulder had not been there, the Village could be held liable for the additional injuries. BOULDERS One particular kind of object that was (and still is) pervasive was the placement of boulders in front of resident's properties on Village right -of -way. After adoption of the 1999 ordinance, staff proceeded to enforce the provisions and contacted many residents regarding these boulders. Many of them complied and removed the boulders or requested that Public Works remove them; some objected. Several residents complained to Village Manager Veitch about this provision. Considerable discussion ensued between Manager Veitch and staff and, on August 29, 2001, Manager Veitch approved a revision that was to be placed in the first update to the Standards (which has not yet happened). Even with this, several residents still would not comply and continued their discussions with the Manager's office. During all of this, staff did not have the boulders removed since the Manager's office was in discussions. Due to the considerable discussion and lack of clear direction, staff essentially has not enforced this issue in either of its forms for several years. Residents that would be impacted by decisions on these issues were notified of this meeting and many were in attendance. ROADSIDE SAFETY GUIDELINES Concerning the promulgating of rules for objects within rights -of -way, Village Engineer Durfey reviewed several manuals. Their thoughts may be summarized as follows: • Sometimes vehicles leave the roadway, for whatever reason. They should have an area next to the roadway in which to recover before they strike an object, or at VILLAGE OF OAK BROOK Minutes Page 6 of 17 February 28, 2006 10. D. least have the object "give" to minimize damage and injury. This area should be as large as possible. • Realistically, it is impractical to eliminate all obstructions within a large distance from the traveled way and some are there for other safety or environmental reasons (hydrants, traffic signals, directional signs, street trees, etc.). • Aside from these needed or required obstructions, private items (such as larger boulders or pipes) are suspect as to their placement within the right -of -way. Additionally, the following should be considered: • The Village right -of -way is owned by the public and held by the Village in the public trust. The Village must have control over others who want to use it. • The Village regulates utility companies who want to use the right -of -way; private use should also be regulated. Use of the public way should be even - handed. • The Village should not absorb the cost of repair when a private object is damaged, accidentally or intentionally. The Village and various utilities are constantly constructing /maintaining facilities within the right -of -way. • Large obstructions interfere with utility maintenance. For example, the extremely large boulders in front of 3007 Avenue Loire would hamper a water main break repair, and bushes would not allow the Village and other utility companies to locate their facilities for a JULIE request (which the Village is mandated to do). • Without proper regulation, Village infrastructure could be damaged by work being done without permits. These were the same concepts that were used during the creation of the first policy. Previous Village Attorney Martens also had opined on this subject and promoted a reasonable clear zone free of non - essential items. ACTION STEPS The placement of private objects within the Village rights -of -way needs to be resolved so that an update of the Standards can be finalized. Specific discussion and direction should include: There are several concerns that arise in creating a policy for items within Village right -of -way: • A major concern centers around safety and Village liability. The goal should be VILLAGE OF OAK BROOK Minutes Page 7 of 17 February 28, 2006 10. D. to reduce the severity of accidents if a vehicle leaves the roadway and therefore reduce the Village's liability. • Should the Village -owned parkways be relatively clear and uncluttered? • Space and access is required for utilities and JULIE utility locates. • To reduce the amount of damage to private objects if construction be needed (and minimize residential complaints about restoring their private objects), With that in mind, the Village needs to decide if it will allow private items to be placed on Village right -of -way and if so, under what circumstances. • Should an indemnification covenant be required from the adjacent property owner? • Does the original "Objects Within Parkways" section of the Standards meet the Board's current thinking? Does the 8/29/01 proposed revision? Does the Board want something else? • Assuming that certain objects will not be permitted within the right -of -way, will any existing object be grandfathered (how to determine how far back in time to go ?) and allowed to remain (liability issue)? Or must all such items be removed or relocated (e.g., boulders, walls, bushes, etc.) and who pays for it? Does this include items that were placed by a resident after being told not to? If grandfathered, there is no way of knowing when many of these items were installed and creating and updating a database would be a tremendous task requiring weekly monitoring of every street and additional staff or a consultant. • Once the Village Board decides these issues, the staff will then draft revisions to the Public Works Construction Standards to be brought before the Village Board for consideration and ordinance adoption. • Staff will then enforce the provisions. Village Engineer Durfey noted that the original policy took a considerable amount of staff time when it was being enforced. Additionally, it would take an extended amount of time with the current Engineering staff to enforce whatever the Board decides while trying to maximize cooperation with residents. Staff asked for direction from the Village Board on regulating objects within parkways within Village rights -of -way. Staff will then update the Public Works Construction Standards (including other less complex issues) and bring them back to the Board for approval. VILLAGE OF OAK BROOK Minutes Page 8 of 17 February 28, 2006 10. D. Discussion ensued with resulting comments including the opinion that the examples shown are what make the community unique. Discussion also included that objects within the parkway should carry a disclaimer that if creative and decorative things within the parkway are damaged it is the residents responsibility to repair or replace the item. Comment was made that mailboxes should be exempted because it is requirement to have mailboxes within parkway and that there should be a shared expense to replace it at some level of compensation. The Village Attorney was asked to draft an ordinance that reflects the discussion. Concern was expressed for large boulders and that the Village should take a proactive role. Staff was asked to survey other municipalities. Other concerns for visibility and lines of site were expressed. Consensus appeared to be that reasonable, but liberal standards should be set. There was discussion of grandfathering current objects. Enforcement, whether grandfathered or not, could be a problem because of leanness of staff. A summary concluded that the current ordinance does not meet the desires of the Board and the residents. Staff was directed to have a draft put together which reflects the comments and concerns addressed. It was suggested that this be referred to the Plan Commission after a draft has been put together and maintain the status quo for the time being. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO OF CLOSED MEETINGS CONTINUED FROM FEBRUARY 13, 2006 The Village Board at their Special Meeting of February 13, 2006 continued this agenda item to the next regularly scheduled Village Board meeting of February 28, 2006 so that Trustee Aktipis could review the audio recordings of the 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 include the following item: "Authorization for destruction of VILLAGE OF OAK BROOK Minutes Page 9 of 17 February 28, 2006 9. B. 1) 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 State Statute, "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. In the case of a civil action brought to enforce this Act, the court may conduct such in camera examination of the verbatim record as it finds appropriate in order to determine whether there has been a violation of this Act. In the case of a criminal proceeding, the court may conduct an in camera examination in order to determine what portions, if any , must be made available to the parties for use as evidence in the prosecution. If the court or administrative hearing officer determines that a complaint or suit brought for noncompliance under this Act is valid it may, for the purposes of discovery, redact from the minutes of the meeting closed to the public any information deemed to qualify under the attorney - client privilege. The provisions of this subsection do not supersede the privacy or confidentiality provisions of the State or federal law." Per State Statute, 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. Motion by Trustee Aktipis, seconded by Trustee Kennedy, for passage of Resolution R -937, "A Resolution Authorizing the Destruction of Audio Recordings of Closed Meetings." Trustee Aktipis moved to remove the recording of April 13, 2004 from the list of recordings to be destroyed. Trustee Manofsky seconded the amendment. Trustee Yusuf indicated that these recordings have been processed in a timely fashion and that the only reason to maintain them is to assure that there was no violation of the Open Meetings Act and for no other reason. Village Attorney Kubiesa confirmed that recordings are maintained to enforce the Open Meetings Act and that after the appropriate passage of time when it becomes apparent that there will be no enforcement action, they should be destroyed. He added that there is no reason to keep them and that was why State Statute suggests this VILLAGE OF OAK BROOK Minutes Page 10 of 17 February 28, 2006 9. B. 1) procedure. Trustee Aktipis responded that it is not required to destroy them and he felt it was in the best interest of the Village to maintain the recording of the April 13, 204 Closed Meeting. Trustee Kennedy, having seconded the original motion, was asked if he accepted the amendment. Trustee Kennedy expressed concern for not destroying the recordings because the discussions in Closed Meetings relate to personnel and litigation matters, litigation strategies or strategy on the sale or purchase of property and the reason to destroy them would be that there is always the risk that the information will get out and disclose strategies. He felt that although there may be no legal requirement to destroy them it is certainly good common sense to destroy them once the time period has been passed and the minutes have been approved. He indicated his reluctance to agree to maintain the recording, but since the Board was unable to discuss in open session the reasons Trustee Aktipis had for not destroying the recording he would accept the amendment, but would need to discuss the reasons at a future Closed Meeting. Motion by Trustee Aktipis, seconded by Trustee Kennedy, for passage of Resolution R -937, "A Resolution Authorizing the Destruction of Audio Recordings of Closed Meetings" excluding the recording of April 13, 2004. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) INTERSECTION WARNING LIGHT Staff was requested to obtain pricing for the installation of a warning light to alert east -bound 31St Street motorists of the approaching Spring Road intersection. The product staff recommends is the most cost effective and suitable is a solar - powered flashing yellow beacon as supplied by Traffic Control Corporation of Addison, IL. Trustee Aktipis asked that the flashing light be installed for the westbound traffic. Motion by Trustee Aktipis, seconded by Trustee Craig, that a purchase order in the amount of $2,100.00, plus mounting hardware, be issued to Traffic Control Corporation of Addison, IL. For the purchase of a solar - powered flashing beacon. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 11 of 17 February 28, 2006 9. C. 2) 2006 PAVING PROJECT Eight sealed bids were opened on Wednesday, February 8, 2006. James Benes and Associates (the Village's Consulting Engineer) recommends that the Village award the contract to the low bidder, Brothers Asphalt Paving, Inc. The bid submitted by Brothers Asphalt Paving., Inc., in the amount of $1,049,243.60 is 6.9% higher than the Engineer's estimate of $981,722.50 and 5.9% higher than the budgeted amount of $991,000.00 for this project. The additional $58,000+ in cost will be covered by canceling the Pavement Rejuvenation Project for this year ($65,000 budget). The entire amount originally budgeted within account 461- 9070 was $1,144,000 but was reduced by $14,400 when a transfer was approved to account 363 -9020 (Snow Removal) on 1/24/06. Staff will monitor this account as other projects take place throughout the year to see if another fund transfer is required. One irregularity that was pointed out by the second low bidder concerns a prequalification item. The Village specified that a contractor shall be qualified in IDOT's Section 003 (Bituminous Plant Mix). Brother's is not qualified in 003. The Village used 003 for many years thinking that it applied to contractors placing asphalt. Staff has been informed that it refers to a contractor actually operating an asphalt plant. This greatly reduces the number of contractors with this qualification. Staff does not want to eliminate qualified asphalt placement contractors and wishes to keep the contractor pool as large as possible in order to obtain the best price. A second item that relates to this prequalification is a 1200 ton limitation per contract. Benes and staff recommend that this restriction be waived since Brothers Asphalt successfully completed Addison's 2005 Paving Project and the Village's 2003 Paving Project. The Village's standard specifications reserve the right to reject any or all bids and to waive any informalities or technical errors in bidding and to accept the bid deemed most advantageous to it. It is Benes' and staffs' recommendation that the above irregularities fall under this provision. Project work includes bituminous milling and resurfacing, bituminous patching, curb removal and replacement, structure adjustment /replacement, pavement striping and landscape restoration. Impacted roadways include Forest Glen Subdivision, Devonshire Drive, Hampton Drive, Lambeth Court, Regent Court, and White Oak Lane. Trustee Yusuf added that the rejuvenation project which was generally used as an intermediate step was not being done this year. Only permanent resurfacing was being done. VILLAGE OF OAK BROOK Minutes Page 12 of 17 1 February 28, 2006 9. C. 2) Motion by Trustee Aktipis, seconded by Trustee Yusuf, that the Village Board award a contract to the lowest responsive and responsible bidder, Brothers Asphalt Paving, Inc., of Addison, Illinois, subject to staff review, for the 2006 Paving Project in the amount of $1,049,243.60. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) DESIGN SERVICES FOR BANK STABILIZATION OF THE PONDS ON THE FOURTH & FIFTH HOLES OF THE OAK BROOK GOLF CLUB One company responded to the Request for Qualifications. RFQ's were sent out to three companies. The other two companies did not respond because of the small size of the project. The ponds on the fourth and fifth holes of the Golf Club currently use metal pilings to stabilize the banks. Over the last few years this system has begun to fail and is in need of replacement in several lengthy sections. Nugent Golf will design a new system of bank stabilization in this area and prepare all necessary documents to seek bids for construction. The project is scheduled to be completed by the end of this year. Nugent Golf has done work for the Golf Club in the past in a satisfactory manner. Motion by Trustee Craig, seconded by Trustee Kennedy, that the Village Board award a contract, subject to staff review, to the lowest responsive and responsible submitter, Nugent Golf Inc. of Vernon Hills, Illinois, for Architectural Services for Golf Course Bank Stabilization, in the amount of $42,125. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. D. STATUS REPORT — TELECOMMUNICATIONS SYSTEM REPLACEMENT CONTINUED FROM FEBRUARY 13, 2006 The Village Board, at its February 13, 2006 Special Meeting, continued this subject to the February 28th Regular 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. All of the fiber network repairs, but for a few minor items, are complete. All remaining work will be completed this next week. That part of the fiber network that serves the Sports Core buildings was taken down the week of February 13th to reterminate multimode fiber (that the Village has been running on since fiber was VILLAGE OF OAK BROOK Minutes Page 13 of 17 February 28, 2006 9. D. installed), terminate singlemode fiber (has been sitting dark and unterminated) and testing. As of this date everything is looking good. The revised network design will be implemented the weekend of March 4th. This will include replacing network switching equipment that serves the Sports Core buildings (purchase approved by Board on 2/13) and implementing the IP renumbering plan. The recommendation to replace the telephone system will return to the Board for final action on March 14th. Motion by Trustee Kennedy, seconded by Trustee Manofsky, that the Village Board continue this subject to the March 14, 2006 Board Meeting. VOICE VOTE: Motion carried. E. REIMBURSEMENT OF LEGAL FEES Trustee Aktipis asked for discussion of reimbursement of legal fees expended by the Village of Oak Brook on behalf of petitioners' applications to the Plan Commission and the Zoning Board of Appeals. Staff is researching this practice and its effects on petitioners. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to continue the discussion of reimbursement of legal fees. VOICE VOTE: Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE The Oak Brook Hotel, Convention and Visitors Committee is made up of nine (9) members with terms that expire every February 28th President Quinlan recommended that tl reappointments to the Oak Brook Hotel, their terms expiring February 28, 2007: e Village Board approve the following Convention & Visitors Committee, with 1. Reappointment of Dieter Heigl, General Manager, Renaissance Oak Brook Hotel 2. Reappointment of Ted Selogie, General Manager, Marriott Oak Brook 3. Reappointment of Julie Coker, General Manager, The Lodge at McDonald's Campus 4. Reappointment of Heather Wehling, General Manager of the Residence Inn by Marriott -Oak Brook VILLAGE OF OAK BROOK Minutes Page 14 of 17 February 28, 2006 10. A. 1) 5. Reappointment of Michael Yaneck, General Manager of the Wyndham Drake Hotel 6. Reappointment of Chuck Fleming, General Manager, Oakbrook Center 7. Reappointment of Ralph E. Maxson, Oak Brook Resident 8. Reappointment of Tracy Mulqueen, President & CEO of the Greater Oak Brook Chamber of Commerce. 9. Reappointment of Michael Newman, General Manager of the Doubletree Hotel Chicago -Oak Brook. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to accept President Quinlan's recommendation to reappoint Dieter Heigl, General Manager, Renaissance Oak Brook Hotel; Ted Selogie, General Manager, Marriott Oak Brook; Julie Coker, General Manager, The Lodge at McDonald's Campus; Heather Wehling, General Manager of the Residence Inn by Marriott -Oak Brook; Michael Yaneck, General Manager of the Wyndham Drake Hotel; Chuck Fleming, General Manager, Oakbrook Center; Ralph E. Maxson, Oak Brook Resident,. Tracy Mulqueen, President & CEO of the Greater Oak Brook Chamber of Commerce and Reappointment of Michael Newman, General Manager of the Doubletree Hotel Chicago -Oak Brook to the Oak Brook Oak Brook Hotel, Convention and Visitors Committee. VOICE VOTE: Motion carried. 2) AUTUMN FESTIVAL COMMITTEE President Quinlan recommended the following names for Board consideration and approval: the reappointment of residents Joyce Antoniolli, Connie Craig, Nuha Dabbouseh, Linda Gonnella and Nelly Naguib to the 2006 Autumn Festival Committee. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to_ accept President Quinlan's recommendations for reappointment to the 2006 Autumn Festival Committee: Joyce Antoniolli, Connie Craig, Nuha Dabbouseh, Linda Gonnella and Nelly Naguib. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS —None presented. C. AWARD OF CONTRACTS 1) ANNUAL FINANCIAL SOFTWARE MAINTENANCE The Village uses a financial software package supplied by Sungard Pentamation, Inc. In order to obtain user and system support throughout the year and to stay current with software patches, it is necessary to annually contract with them for such support. VILLAGE OF OAK BROOK Minutes Page 15 of 17 February 28, 2006 10. C. 1) Motion by Trustee Yusuf, seconded by Trustee Kennedy, to waive bidding, due to sole source, and award the annual contract for maintenance of our financial software to Sungard Pentamation, Inc., Bethlehem, Pennsylvania, for the total amount of $28,638.32, subject to staff review. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT — None presented. B. VILLAGE MANAGER — None Presented. C. VILLAGE CLERK — Deputy Village Clerk Harty informed residents that Early Voting for the March Primary Election began on February 27 and will end on March 16. Cook County residents may vote early at the Village Hall and DuPage residents closest early voting site is the York Township offices. Mail -in Absentee Ballot Applications are available through the Clerk's office. 12. ADJOURNMENT 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 administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11) and to discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act (2c 17). President Quinlan indicated that updates on litigation were distributed to the Board with the exception of one update for which the Closed Meeting was scheduled. However, there was no additional update available because of a change of attorneys which negates the need for a Closed Meeting. Trustees Aktipis and Manofsky asked to proceed with the Closed Meeting. President Quinlan asked for a motion to cancel the Closed Meeting. Motion by Trustee Kennedy, seconded by Trustee Sanford, to cancel the Closed Meeting. ROLL CALL VOTE: Ayes: 2 — Trustees Kennedy and Sanford. Nays: 4 - Trustees Aktipis, Craig, Manofsky and Yusuf. Absent: 0 - None. Motion failed. Motion by Trustee Aktipis, seconded by Trustee Manofsky, to adjourn to a Closed Meeting at 9:02 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford & Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 16 of 17 February 28, 2006 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 9:29 p.m. VOICE VOTE: Motion carried. ATTEST: s /Carol L. Harty Carol L. Harty Deputy Village Clerk VILLAGE OF OAK BROOK Minutes Page 17 of 17 February 28, 2006