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Minutes - 03/11/2008 - Board of TrusteesMINUTES OF THE MARCH 11, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 22, 2008. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Craig 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 Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Gerald Wolin. ABSENT: Trustee Saiyed. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager. 3. PRESIDENT'S OPENING COMMENTS President Craig announced that Trustee Saiyed was ill and would not be in attendance. He wished him well 4. RESIDENT /VISITOR COMMENT — None presented. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 27, 2007 Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Minutes of the November 27, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. B. SPECIAL COMMITTEE -OF- THE -WHOLE OF DECEMBER 1, 2007 Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Minutes of the December 1, 2007 Special Committee -of -the -Whole Meeting as presented. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 1 of 8 MARCH 11, 2008 5. C. SPECIAL COMMITTEE -OF- THE -WHOLE OF DECEMBER 3, 2007 Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the Minutes of the December 3, 2007 Special Committee -of -the -Whole 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. A. ACCOUNTS PAYABLE FOR PERIOD ENDING MARCH 7, 2008 - $359,121.52 Significant Items included in Above: 1) Trine Construction - Payout #6 - Westdale Garden Water Main - $61,210.22 2) Advantage Reporting Service (via Hervas, Condon & Bersani, P.C.), service 2/7/2008 - $232.50. 3) Reliable Fire Equipment Co. - Payout #3 and Final - Old Butler School Fire Suppression - $1,510.00 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING FEBRUARY 23, 2008 - $707,228.30 C. COMMUNITY DEVELOPMENT REFERRALS — None presented. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: 1) DEICER SALT For the past eighteen plus years, the Village has purchased deicer salt through the State competitive bidding process. In doing so, full advantage is taken of the State's considerable purchasing power and assure the lowest salt price. Accordingly, the State requires that the requisition be returned to them by April 30, 2008. Once the State hears from all interested agencies, specifications will be prepared and bids opened sometime in August or September. Once the low responsible bidder is identified and a contract awarded, the Village will be notified of the results and in turn staff will be requesting that a Purchase Order be issued to the successful bidder. As the Village is on a calendar year budget, funding for deicer salt needs must be split between two fiscal years, 2008 and 2009. To date, approximately $36,000 has been expended out of $62,050 budgeted for 2008. Any deicer salt purchased through December of this year will be charged against FY -08. The remainder of the deicer salt needs for the 2008 -2009 winter season would be included in the FY -09 budget. VILLAGE OF OAK BROOK Minutes Page 2 of 8 MARCH 11, 2008 6. D. The action requested was that staff be authorized to execute a Joint Purchase Requisition with the State of Illinois for the competitive bidding of deicer salt for the 2008 -2009 winter season. E. BUDGET ADJUSTMENTS — None presented. F. ORDINANCE 5 -1228, AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW OUTDOOR DINING AT GIBSONS STEAKHOUSE AT THE SOUTHEAST CORNER SPRING ROAD AND COMMERCE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS At the February 26, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a special use for outdoor dining for the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive. The requested action was for passage of Ordinance 5 -1228, which approves a special use for outdoor dining adjacent to a restaurant for the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive. G. VILLAGE OF OAK BROOK - COMMERCIAL AREAS REVITALIZATION PLAN - ADDENDUM TO COMPREHENSIVE PLAN At the February 26, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of the adoption of the Commercial Areas Revitalization Plan, dated December 2007 as an addendum to the Comprehensive Plan of the Village of Oak Brook. The requested action was for passage of Ordinance 5 -1229, which approves the adoption of the Commercial Areas Revitalization Plan as an addendum to the Comprehensive Plan of the Village of Oak Brook. H. TREASURER'S REPORT - JANUARY 31, 2008 Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Saiyed. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented 8. BOARD & COMMISSION RECOMMENDATIONS —None presented. VILLAGE OF OAK BROOK Minutes Page 3 of 8 MARCH 11, 2008 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS — None presented. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) BOARD OF FIRE AND POLICE COMMISSIONERS President Craig indicated that in the absence of Trustee Saiyed he removed this item from the Agenda. He stated that he would like to have a full Board in attendance. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -854, AN ORDINANCE ESTABLISHING ADDITIONAL OPERATING CONDITIONS FOR CLASS A -1 AND CLASS A -2 LIQUOR LICENSES AND AMENDING SECTION 4 -1 -7 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK A local hotel contacted the Village for clarification of the liquor ordinance regarding allowing establishments to serve alcoholic liquor brought onto the licensee's premises by a customer. Banquet customers have asked to be able to bring their own supply of liquor for an event. The Village Code regarding liquor service does not address this issue specifically and Village Attorney Sterk recommended that in order to prevent possible abuses that the code should clarify the issue and restrict it to banquet facilities of a particular size. Motion by Trustee Kennedy, seconded by Trustee Sanford, for Passage of Ordinance G -854, An Ordinance Establishing Additional Operating Conditions for Class A- I and Class A -2 Liquor Licenses and Amending Section 4 -1 -7 of the Village Code of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Saiyed. Motion carried. VILLAGE OF OAK BROOK Minutes Page 4 of 8 MARCH 11, 2008 10. B. 2) RESOLUTION R -1010, A RESOLUTION IN SUPPORT OF URGING THE GENERAL ASSEMBLY TO END COSTLY BENEFIT IMPROVEMENTS AND INSTEAD ADOPT REFORMS WHICH PROTECT POLICE AND FIREFIGHTER PENSION FUNDS The Illinois Municipal League has asked all of its members to adopt a resolution to bring attention to the problem of growing debt in police and fire pension funds largely caused by continual increases in pension benefits approved by the General Assembly over the last several years. Oak Brook's police pension fund is funded at 86.2% and fire pension fund is funded at 78.8 %. This is better than most of the neighboring communities as shown on the attached chart but less than what is recommended by state sources, which is 90 %. Separately, the resolution also urges support for a legislative initiative of the Illinois Municipal League that help protect municipal public safety pension funds through public disclosure of pension fund finances. The measure would also provide conflict of interest protections applicable to pension service providers, an anti -fraud provision for disability awards, minimum credential standards for service providers, regular audits of fund performance, and greater flexibility to pay for state mandated pension benefit levels. Motion by Trustee Wolin, seconded by Trustee Manofsky, for Passage of Resolution R -1010, A Resolution in Support of Urging the General Assembly to End Costly Benefit Movements and Instead Adopt Reforms which Protect Police and Firefighter Pension Funds. VOICE VOTE: Motion carried. C. AWARD OF CONTRACTS 1) LIBRARY BOOKS AND AUDIO BOOKS The Library has budgeted $77,500 in 2008 for Audio Visual Materials and Children's Books. The recommended vendors for audio books are Recorded Books, Random House, and BBC Audiobooks. These three vendors are sole source for library - use ready audio books. The books are delivered already processed in library cases so all staff is required to do is catalog and label. The cases can be sold to libraries from other companies for $243 a piece. Some books require as many as 16 cases. Purchasing the books already processed saves the Village money and staff time. The Library has used these companies for numerous years and is very satisfied with the products and customer service. Scholastic Library Publishing is a sole source vendor for Grolier Books. i VILLAGE OF OAK BROOK Minutes Page 5 of 8 MARCH 115 2008 10. C. 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village Board waive bidding due to sole source for 'library -use ready' audio books and issue purchase orders to Recorded Books, Random House and BBC Audiobooks and to waive bidding due to sole source and issue purchase orders to Scholastic Library Publishing for the supply of Grolier Books. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Saiyed. Motion carried. 2) LIBRARY BOOKS AND AUDIO VISUAL MATERIALS Pursuant to the provisions of Title 1 -7 -10 our Village Code, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The three primary book jobbers that serve the Village of Oak Brook are Baker and Taylor, Brodart, and Ingram. The current discounts are as follows: Type of Book/Binding Baker & ay for Brodart Ingram Trade Bindings 43.5% 45% 43.5% Library Bindings 20% 21% 15% Single Bindings 20% N/A 43.5% Mass Market & Paperbacks 40% 40% 40.5% University Press 10% 10% 12% Spoken Word Audio 45% N/A 0 -45% Pre - recorded Videos /DVD's 27% N/A 25% Pre - recorded CD's 15 -30% N/A N/A Although the Village has the option to bid the purchase of books, the Village does not have the combined purchasing power of DLS libraries, and as such we would not receive as good a discounted price. The brokers are unwilling to submit bids directly to the Village, since they could not offer a better discount than what they already offer through DLS. Multiple vendors are used throughout the year based on product availability. Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village Board waive further bidding and issue purchase orders for books and non -print media, taking advantage of the cooperative purchasing arrangement negotiated by DuPage Library System with major book jobbers. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Saiyed. Motion carried. VILLAGE OF OAK BROOK Minutes Page 6 of 8 MARCH 11, 2008 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT — President Craig commented on the ethics ordinance and reported that a Committee -of -the -Whole met the previous evening to review the draft. He reported that it was near completion and that it would be reviewed at the March 25th Regular Board of Trustees Meeting and be finalized at the April 8th Regular Board of Trustees Meeting. B. VILLAGE MANAGER — Manager Niemeyer reported that the website has been updated. He announced that there would be a Committee -of -the -Whole meeting on March 24 to hear presentations by vendors of Automatic Traffic Enforcement equipment. In addition there would be a presentation by the RTA regarding major transportation improvements in DuPage County. C. VILLAGE CLERK — Clerk Pruss reminded residents about the Easter Brunch at the Bath and Tennis Club. She also announced that a Podcast of the Board of Trustees Meetings are posted on the Village Website and that it had been upgraded to provide fast forwarding, etc. 12. ADJOURN TO CLOSED MEETING to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1) and adding 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) at 7:57 p.m. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 -None. Absent: 1 - Trustee Saiyed. Motion carried. 13. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the Regular Meeting of the Board of Trustees at 9:29 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 7 of 8 MARCH 11, 2008 VILLAGE OF OAK BROOK Minutes Page 8 of 8 MARCH I I, 2008