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Minutes - 03/22/2005 - Board of TrusteesMINUTES OF THE MARCH 22 , 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 12, 2005. 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 7:35 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, George T. Caleel, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Margaret G. Klinkow, Library Director; Thomas Sheahan, Police Chief; Michael J. Meranda, Director of Public Works and Nelson Patras, Interim Bath & Tennis Club Manager. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan announced that the official swearing in ceremony for the Village of Oak Brook's Chief of Police will occur this evening. He recognized the men and women of the Oak Brook Police Department for their professionalism during the time that the Department did not have a permanent Chief of Police. He indicated that during this period that sick leave decreased 25 %, motor vehicle burglaries have decreased 28 %, residential burglaries decreased 33% and these trends are very indicative of a highly professional force. He commended the Department and the Police Sergeants for their efforts. He stated that he had the opportunity to attend a Police Sergeants briefing and asked the Sergeants to concentrate all of their efforts on doing the best they could do being the professionals they are in providing high level of service in Oak Brook. President Quinlan then commended Police Sgt. Steve Larson for his professionalism and leadership skills during this period without a permanent Chief of Police. A. SWEARING IN OF CHIEF OF POLICE President Quinlan gave the official oath of office to Thomas Sheahan as the Chief of Police for the Village of Oak Brook. Police Chief Sheahan thanked the Village Board of Trustees for his appointment and commented that he looks forward to working with them 3. A. VILLAGE OF OAK BROOK Minutes Page 1 of 21 March 22, 2005 in the future. He acknowledged President Quinlan in working with him and commending the Police Department employees in providing excellent service to the public and residents. He recognized Commander Jim Carroll from the Airport of the Chicago Police Department, Donald Barrett from the Chicago Police Department, Mark McInerney and Bob Sapeluda from Aviation Police, Clarendon Hills Police Chief Pat Anderson and Deerfield Police Chief John Sliozis who were in attendance of the ceremony. President Quinlan announced that the Board of Trustees has canceled the closed meeting as scheduled on the agenda as the two items are not available to discuss. He indicated for the record, contracts involving employment by the Village President, prior to being signed by the Village Manager on behalf of the Village Board, will be reviewed and approved at a public meeting by the Board of Trustees. B. REVIEW OF RECENTLY ADOPTED MOTIONS, ORDINANCES AND EXPENDITURES President Quinlan stated that he hereby vetoes all motions passed by the Board of Trustees concerning hiring of an investigator and transcription of certain executive session minutes, which motions were passed by this Board at the February 22nd regular meeting, the March 2nd special meeting, and the March 16th special meeting. State Statute allows that he should return his veto only at the March 22nd regular meeting, which he is now doing. State Statute also provides that any override of his vetoes can be acted upon only at the next regular meeting of the Village Board which is on April 12, 2005. At the meeting of March 8, 2005 he delivered his veto message and provided it in written form to the Clerk, and he hereby adopts that message and restate it by reference in support of these vetoes. A signed copy is now on file with the Village Clerk. A second comment from President Quinlan was to the candidates of the Consolidated Election. He stated that Oak Brook is a beautiful community and he fully supports any advertising to promote oneself for the positions of the Board of Trustees. However, on April 6th, 2005 there isn't anymore election or campaign and he asked all candidates and those supporting each of them to remove their campaign signs. He asked that residents please not remove these signs until after the election. Trustee Aktipis stated that the residents who have attended the meeting, watched on television or read of the happenings at the Board meetings in the newspapers would be very surprised how harmoniously the Board worked during the first year of President Quinlan's tenure. He recalled that some residents approached him with the comments that the Board was too harmonious and asked what was going on. He believes that there is more chance now to bring back the harmony on the Board as the time is now right. There will be three new Trustees that will bring new ideas, goals and attitudes which should help everyone in establishing a new direction and concentrate on one single goal to serve the interest of the Village and its residents. The time is right for a new beginning for another VILLAGE OF OAK BROOK Minutes Page 2 of 21 March 225 2005 important reason which is that the three main issues that divided the Village Board over the past year are now beginning to disappear from the scene. He then reviewed those issues indicating that the first issue that put the Village President and Trustee Yusuf at odds with the other five Trustees was the President's proposal for the Ravinia West venue. He noted that President Quinlan's public comments now in which he has clearly stated that this plan is no longer on his agenda. He commended President Quinlan for that assurance because it removes concerns from President Quinlan's previous comments several months ago when he said "this is nott he right time" for the venue. This comment generated concern as residents would have preferred that he had said that Oak Brook is not the right place and he has done that now. The second issue that created most of the contention on the Village Board was the President's decision to delay proposing a name for a permanent Police Chief for many months and clearly this issue has now been resolved. Everyone is witnessing today this great time of celebration in which the President and Board of Trustees have participated in welcoming the new Chief of Police who he believes will provide a great service to this Village at a critical time. Trustee Aktipis stated the Village Board has moved forward and solved two out of the three problems the Board has faced. The third problem is the issue of dissatisfaction that most of the Trustees have had relatively to the services of the Village Attorney and their concerns they have had about this issue. He believes that some progress has been made relative to this issue as witnessed in the Committee -of -the -Whole meeting of March 21, 2005. He is hopeful and confident that this problem will go away and that the President and Board are progressing towards resolving that issue. The prognosis is now good for more harmony and he would like to believe that the Board members could all work together again as the new Trustees come and join the Board members for the benefit of the Village. He believes that this is a direction that everyone should follow and that the Board must endeavor to overcome the bumps on the road. He further believes that what has divided the Board in the past few months is not personal animosity but simply different views, approaches, visions and beliefs about issues that face the Village. The Board has been divided in terms of solutions that they wanted to pursue. With most of these issues now disappearing due to the good work of everyone concerned and involved, he thinks the Board could look forward to a more harmonious future. Trustee Yusuf stated that he pledged to acknowledge and fully defend President Quinlan's lawful authority as the Village President of this Board and Village. He asked President Quinlan to clearly acknowledge and confirm the Board's lawful authority and role in the process of local government. He asked each of his colleagues to join him in this pledge as they all have to work within the law, the capacity as described in the law of each role and the members should respect each other's part in the process. President Quinlan stated he had no problem in acknowledging the pledge. Trustee Aktipis stated that Trustee Yusuf has made a statement that corresponds to something that is self explanatory and definitely one that all the Board members share. VILLAGE OF OAK BROOK Minutes Page 3 of 21 March 22, 2005 Trustee Yusuf hoped that this would be a good foundation of the Board to move forward in working in the best interest of the Village. 4. RESIDENTNISITOR COMMENT: William Lindeman addressed the Board of Trustees in suggesting to facilitate the new Board members in what transpired during the course of vacancies in the Police Department and eventually the filling of the vacancy. He suggested that the Village Board make available copies of the depositions, in possession of the Village, of President Quinlan or anyone else that is available. The testimony and transcripts of the two days of court hearings of Gonnella, Quinlan v. Board of Trustees, regardless of cost, should be ordered and placed on file as this is historic information. So that later what transpired will be documented and verified in referring to the court and deposition transcripts. The second issue he stated was the resident and visitor portion of the agenda should be a part of all agendas including special meetings and Committee -of -the -Whole meetings. He believes a person should have a right to be able to comment on any agenda. The effort of President Quinlan to contact his supporters and encourage them to come to a meeting to address the Village Board in one instance resulted in an ugly exchange between a certain family and Trustee Aktipis. He stated that it was inappropriate and improper use of the resident and visitor comments portion and he would appreciate President Quinlan from refraining from this. President Quinlan stated that regarding the vacancies, etc. that it is part of an on -going case and he does not see the value of the Board and he in debating their various points of view on how those occurred, whether they are proper or not as they are part of the court record. He indicated that Mr. Lindeman was at the court hearings and those depositions are not available as it is an ongoing case. When they are available, they will be a matter of public record and anyone could access them. The resident and visitor comment section it is a rarity in Village Board meetings that this part of the meeting is even allowed. Most Villages, townships, etc. when they conduct their meetings do not have a regular section of this nature. It was felt by previous administrations and endorsed by this Village Board that this should continue. The Board will take his suggestions under advisement. 5. APPROVAL OF MINUTES - None presented. 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 had previously announced that Agenda Item 6. J. would not be discussed at this time as the material is not available to discuss. Motion by Trustee Atkipis, seconded by Trustee Caleel, to approve the Consent Agenda and VILLAGE OF OAK BROOK Minutes Page 4 of 21 March 22, 2005 6. authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending March 18, 2005 - $305,912.97 Significant Items included in Above: 1) DuPage Water Commission - $140,325.58 B. Approval of Payroll for Pay Period Ending March 12, 2005 - $568,252.04 C. Community Development Referrals 1) IL Commerce Plaza LLC — 2021 Spring Road — Text Amendment and Special Use 2) Inter Continental Development — 2221 Camden Court — Text Amendment, Special Use and Variation to the Zoning Ordinance D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Copiers for West Wing Departments and Police Department E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Treasurer's Report — February, 2005 H. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property by the Village of Oak Brook I. Community Water Supply Testing Fund 7. ITEMS REMOVED FROM CONSENT AGENDA: Ratification of Chief of Police Employment Agreement President Quinlan had previously announced that this Agenda Item was removed as there wasn't any information available to discuss. 8. BOARD & COMMISSION RECOMMENDATIONS - None presented. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE ADOPTING A COMPREHENSIVE AMENDMENT TO CHAPTER _3 (GENERAL PENALTY) OF TITLE 1 (ADMINISTRATION) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS TO PROVIDE FOR INDEMNIFICATION OF VILLAGE OFFICERS AND EMPLOYEES As directed by the Village Board at the March 16, 2005 Special Village Board VILLAGE OF OAK BROOK Minutes Page 5 of 21 March 22, 2005 9. B. 1) Meeting, the following Ordinance was drafted to amend the Village Code to provide for indemnification of Village Officers and Employees. The ordinance approves a comprehensive amendment to Chapter 3, General Penalties, of Title 1, Administration, to revise the chapter and thereby create a new Chapter 3 entitled, General Provisions. This revised chapter 3 will include the existing General Penalties section and add the new Indemnification language that states "defend and indemnify any officer or employee, which shall include members of any of its boards, commissions and committees. Trustee Caleel asked if this included persons that were not officers or Board members of the Village. President Quinlan clarified that the language includes anyone doing work designated by the Board of Trustees. So any official Committee formed by the Board would be considered protected under the same rules as the Board of Trustees and Village President. Trustee Caleel asked that it be read into the record. Trustee Korin stated the Ordinance reads: "To indemnify any officer or employee which shall include members of any Boards, Commissions and Committees." Motion by Trustee Korin, seconded by Trustee Aktipis, for Passage of Ordinance 2005 - IDEM- BD +PL -EX 1 -G -776, "An Ordinance Adopting a Comprehensive Amendment to Chapter 3 (General Penalty) of Title 1 (Administration) of the Village Code of the Village of Oak Brook, Illinois to Provide for Indemnification of Village Officers and Employees." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) AN ORDINANCE AMENDING TITLE 1 CHAPTER 4 OF THE OAK BROOK VILLAGE CODE REGARDING CALLING FOR REGULAR AND SPECIAL MEETINGS As directed by the Village Board at the March 16, 2005 Special Village Board Meeting, the following Ordinance was drafted to further clarify the Village Code as it applies to the annual notice of meetings, special meetings, rescheduled meetings, reconvened meetings and continued meetings. This ordinance also establishes written notice as the requirement for calling a special meeting listing both email and facsimile requests as acceptable forms of written requests. Further, the ordinance identifies when and how items may be acted upon at the various meetings Trustee Korin asked when a meeting is rescheduled, reconvened or continued, the language in the ordinance states "that action must be taken by the Board." She stated this is not very specific. The language from Steward Diamond's office stated a motion must be made. She asked what does action mean and if action requires a VILLAGE OF OAK BROOK Minutes Page 6 of 21 March 22, 2005 9. B. 2) motion, does that motion have to be on the agenda. If it was not on the agenda, a person would have to know three weeks ahead to have it placed on the agenda. Motion by Trustee Korin, seconded by Trustee Caleel, for passage of Ordinance 2005 - BD -SP -G -777, "An Ordinance Amending Title 1, Chapter 4 of the Oak Brook Village Code Regarding Regular and Special Meetings ". Trustee Zannis suggested that the ordinance needs to be rewritten to more clearly identify what actions need to be taken. Trustee Korin stated if the action needs to be discussed publicly then the Board needs to know that but the indication from Mr. Diamond's office was that it had to be a motion. She stated that if motions are not placed on the agenda there is an issue with their validity. President Quinlan stated that a definition of action should be included in the ordinance whether it has to be a motion or discussed at a Board meeting so that it is made public under Section 3, 4 and 5 of the proposed Ordinance. Village Attorney Kubiesa stated that action means a motion, resolution or ordinance. At a regular meeting it would not have to be on the agenda, to reschedule or reconvene that meeting. President Quinlan gave as an example that the Board decided that there is cause for the Board to meet next Wednesday, his understanding that the procedure would be that the Village President calls it or three or more Trustees call the meeting and give a 48 hour notice. Attorney Kubiesa stated that is something different as Sections 3, 4 and 5 deals with rescheduled, reconvened and continued meetings not special meetings. President Quinlan stated that if the Board wanted to reschedule the April 12th to April 13th they would have to take action tonight to do that. He asked if that was according to State Statute or could the Board amend it to fit the Board's desires or needs. Attorney Kubiesa stated that it could be amended to the extent of any reconvened or rescheduled meetings meets the 48 hours notice of the Open Meetings Act. Trustee Korin reiterated that Attorney Kubiesa stated the action was a motion, resolution or ordinance. Trustee Korin asked if that has to be on the agenda then. Attorney Kubiesa remarked that if it deals with the meeting that the Board is attending for instance to continue this meeting, then no it is not required to be on the agenda. If it is for a future meeting, yes then it has to be on the agenda. Trustee Zannis also indicated that if one attends a special meeting, choosing to reschedule the meeting then it needs to be on the agenda. Trustee Yusuf asked if there is an exception in State Statute for reconvened meetings that within 24 hours, as long as it announced at the meeting that is held, could it be incorporated. Attorney Kubiesa said yes that is the case according to the Open Meetings Act and you do not need to reincorporate it in there. Trustee Korin clarified that rescheduled meetings have to be VILLAGE OF OAK BROOK Minutes Page 7 of 21 March 22, 2005 9. B. 2) in a form of a motion, resolution or ordinance on the agenda if the Board wished to reschedule April 12th meeting to a different date or time, that the Board would have to know that last week so as to place it on this evening's agenda as a motion. It could not be introduced as new business asking for a resolution that the Board reschedule the April 12th meeting to 9:00 p.m. Attorney Kubiesa stated there are other ways to reschedule a meeting in which to schedule it as a special meeting. He indicated that Village Clerk Gonnella suggested this language and perhaps the Board should wait until she returns to explain to the Board what her thinking was to suggest this. He is hesitant to amend it now without her being present. Trustee Aktipis remarked that based what the Board is reviewing now that there is no way that the Board can change the time of a regular scheduled meeting and still keep it a regular meeting. President Quinlan asked that the Board continue this to the next regular Board meeting. Motion to Trustee Caleel, seconded by Trustee Yusuf, to continue this agenda item to the next regular Board meeting of April 12, 2005. VOICE VOTE: Motion carried. C. AWARD OF CONTRACTS: 1) TREE MAINTENANCE Five sealed bids were opened on Wednesday, March 9, 2005. The Davey Tree Expert Company has been the contractor for tree maintenance since 1998 and has performed adequately. The parkway tree maintenance program was established in 1995 and has been undertaken each year since inception. Major areas to be pruned over the course of the proposed four -year contract include: Forest Glen and Saddle Brook in 2006; York Woods, Trinity Lakes, Old Oak Brook, and Robin Hood Ranch in 2007; Ginger Creek, Brook Forest, and Woodside Estates in 2008. No area pruning is scheduled in 2005. Motion by Trustee Zannis, seconded by Trustee Caleel, that the Village Board award a four year contract to the lowest responsive and responsible bidder, The Davey Tree Expert Company, 1500 N. Mantua Street, Kent, OH 44240, subject to staff review, based on the unit prices on the attached bid tabulation for tree maintenance services. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) 2005 CRACK SEAL PROJECT VILLAGE OF OAK BROOK Minutes Page 8 of 21 March 22, 2005 9. C. 2) Three sealed bids were received and opened on Tuesday, March 15, 2005. Prospective bidders were required to be IDOT prequalified for this work. The bid received by SKC Construction is lower than the engineer's estimate by $4,622.92. SKC was awarded the contract for the past four years and performed adequately. Scodeller Contruction, Inc, the numeric low bidder, was disqualified because the unemployment level in Illinois is approximately 6% which exceeds the 5% threshold set by IDOT per MFT requirements, and Scodeller is unwilling to meet the state requirement of hiring Illinois laborers. The contractor is responsible for providing any necessary traffic control to direct motorists around the work zones. Disruption is minimal with this process. All work is scheduled to be completed by June 3, 2005. Motion by Trustee Zannis, seconded by Trustee Aktipis, that the Village Board award a contract to the lowest responsive and responsible bidder, SKC Construction, PO Box 503, West Dundee, Illinois 60118, subject to staff review, based on unit prices as indicated on the bid tabulation, for an estimated total project cost of $47,898.08. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) PARKING SERVICES AND PEDESTRIAN AND VEHICLE TRAFFIC CONTROL SERVICE FOR THE 4TH OF JULY FIREWORKS EVENT As directed by the Village Board, staff drafted a Request For Proposal document to solicit competitive pricing for Parking Service and Pedestrian and Vehicle Traffic Control for the Oak Brook Fireworks display for Independence Day which was published in the Daily Herald on March 1, 2005. As stated, the mechanism for soliciting competitive proposals was the Request For Proposal process in order for the Sports Core Staff to evaluate interested parties on, among other items, the following three criteria: 1. Qualifications of the Offeror: experience of the firm and its performance on projects similar to the Oak Brook Fireworks event; 2. Understanding of the project: Offeror's understanding of the engagement, the Village's objective, and the nature and scope of the work involved; and 3. Costs. The first two (2) criteria are of extreme importance to the Village as these items (experience and understanding of the event) are the best means to insure that the firm can safely and effectively perform the services outlined. Therefore, staff held a pre - proposal meeting on March 7, 2005 inviting interested firms to participate in a walk- VILLAGE OF OAK BROOK Minutes Page 9 of 21 March 22, 2005 a C. 3) ^through and question and answer period of the event. In addition, staff prepared an addendum of questions and answers as a supplement to the RFP document to assist interested parties in completing the proposal submission. The proposal opening was held March 16, 2005 for the 2005 Village of Oak Brook 4th of July Fireworks Show: Parking Services and Pedestrian and Vehicle Traffic Control and /or Concession Services (Concession services will be presented separately to the Village Board in April 2005). Two companies submitted proposals for the Parking and Traffic Services portion of the RFP with only one (1) of these two companies submitting a proposal for the Concession Services. The Companies and proposals included: Company Submitting: Parking Services and Vehicle and Pedestrian Traffic Control Concession Services R B Enterprises, Aurora IL $22,94500 Concession Proposal with 200 — 2,000 in Parking Concepts overall plan including Village Event attendance a day Commission submitted Parking Concepts, Inc , $18,80000 No Proposal Lincolnwood IL Experience/References: Each of the two companies were interviewed to determine the completeness of their proposal. In so doing, it was noted that each of the firms had different but effective approaches to controlling both vehicular and pedestrian traffic, field set -up, and site clean -up. As you are aware, the first company, R B Enterprises has held the contract for parking and traffic for many years and has therefore demonstrated a strong understanding of the project. Parking Concepts also demonstrated an understanding of the scope of services and provided a good overall plan for the event. Also included in the RFP document was a requirement to list Illinois Municipalities or Private Clients served by the company that demonstrates the company's ability to perform the scope of services required of this contract. The names and events were reviewed during the interviews with both companies and follow -up phone calls were made to the listed references that compared in size to the Oak Brook event. Parking Concepts Reference List: Client Event or Location Attendance Service Arlington Heights 4 Day Auto Show 200 — 2,000 in Parking Concepts Race Course, Gail Event attendance a day provides 6 staff and Rice personnel to direct traffic only Lincolnshire Marriott Marriott Event 5,000 over Valet services only VILLAGE OF OAK BROOK Minutes Page 10 of 21 March 22, 2005 a Parking Concepts supplied names of additional clients, some of which were also contacted, however, the services provided were valet services of a scale much smaller than the Oak Brook event. These additional clients include Arlington Designers, Brawin Events, All Terrain and Advocate Trinity Hospital. In addition, a Letter of Recommendation was supplied for an event at Palwaukee Airport, but staff has not made contact with this reference. Overall, staff finds that Parking Concepts appears to be a very qualified company for valet services, but did not find that they have experience with an event of comparable size with multiple responsibilities (parking, field set -up, pedestrian and vehicle traffic control, and field clean -up). After reviewing the two proposals and discussing the terms and proposals with each of the companies, staff believes that both companies have submitted complete proposals and do have a good overall understanding of the scope of services. Although RB enterprises submitted the higher quote of $22,945, or $4,145.00 higher than Parking Concepts, Inc., staff believes that this company has the superior experience with larger scale events, specifically as the past contract holder, and has a larger stock of equipment and resources at its discretion for the event. (RB Enterprises also listed as larger client references the Schaumburg Fliers, Woodfield Mall, and Chicago Premium Outlets.) Staff would therefore recommend the Village Board award a one (1) year service term for Parking Services and Pedestrian and Vehicle Traffic Control to RB Enterprises and direct staff to draft a Not -to- Exceed Service contract for the scope of services as proposed. Motion by Trustee Craig, seconded by Trustee Zannis, to direct staff and the Village Attorney to draft a contract between the Village of Oak Brook and RB Enterprises for a one (1) year service term for Parking Services and Pedestrian and Vehicle Traffic Control in an amount not to exceed $22,945.00 for the 2005 Fireworks Display. Trustee Caleel inquired as to why the Village would pay $4,000 more for this service. Interim Bath & Tennis Club Manager Patras explained that it was staff's findings that due to the size of the venue and event that parking concepts as stated in the memorandum did not have the experience. He indicated that he had checked the company's references and none of the references they had listed were anything of the magnitude of this event and, therefore, for safety purposes and to make sure the event's parking is controlled and there are not mishaps that RB Enterprises was recommended. Trustee Caleel indicated that last year there was quite a discussion by the Board of VILLAGE OF OAK BROOK Minutes Page 11 of 21 March 22, 2005 contract Spare Time Inc. Bar /Restaurants Daily Customers Valet Services City of Evanston 2 to 3 Restaurants in Evanston Daily Customers Valet Services Parking Concepts supplied names of additional clients, some of which were also contacted, however, the services provided were valet services of a scale much smaller than the Oak Brook event. These additional clients include Arlington Designers, Brawin Events, All Terrain and Advocate Trinity Hospital. In addition, a Letter of Recommendation was supplied for an event at Palwaukee Airport, but staff has not made contact with this reference. Overall, staff finds that Parking Concepts appears to be a very qualified company for valet services, but did not find that they have experience with an event of comparable size with multiple responsibilities (parking, field set -up, pedestrian and vehicle traffic control, and field clean -up). After reviewing the two proposals and discussing the terms and proposals with each of the companies, staff believes that both companies have submitted complete proposals and do have a good overall understanding of the scope of services. Although RB enterprises submitted the higher quote of $22,945, or $4,145.00 higher than Parking Concepts, Inc., staff believes that this company has the superior experience with larger scale events, specifically as the past contract holder, and has a larger stock of equipment and resources at its discretion for the event. (RB Enterprises also listed as larger client references the Schaumburg Fliers, Woodfield Mall, and Chicago Premium Outlets.) Staff would therefore recommend the Village Board award a one (1) year service term for Parking Services and Pedestrian and Vehicle Traffic Control to RB Enterprises and direct staff to draft a Not -to- Exceed Service contract for the scope of services as proposed. Motion by Trustee Craig, seconded by Trustee Zannis, to direct staff and the Village Attorney to draft a contract between the Village of Oak Brook and RB Enterprises for a one (1) year service term for Parking Services and Pedestrian and Vehicle Traffic Control in an amount not to exceed $22,945.00 for the 2005 Fireworks Display. Trustee Caleel inquired as to why the Village would pay $4,000 more for this service. Interim Bath & Tennis Club Manager Patras explained that it was staff's findings that due to the size of the venue and event that parking concepts as stated in the memorandum did not have the experience. He indicated that he had checked the company's references and none of the references they had listed were anything of the magnitude of this event and, therefore, for safety purposes and to make sure the event's parking is controlled and there are not mishaps that RB Enterprises was recommended. Trustee Caleel indicated that last year there was quite a discussion by the Board of VILLAGE OF OAK BROOK Minutes Page 11 of 21 March 22, 2005 9. C. 3) Trustees of the cost of this event as there are 30,000 people in attendance which is considerably more than reside in the Village of Oak Brook. He remarked that he has always said "they come to see us blow up our money." Trustee Korin asked why it was only a one year contract. Trustee Craig also asked if the one year means that any events during this coming year will be handled by the R B Enterprises. Village Manager Boehm explained that this was one event, including the set -up and clean -up. President Quinlan stated that it is for this year's July 4th event. Trustee Craig suggested that they made be contracted at a later time for the fall festival. Bath & Tennis Club Manager Patras suggested that the language could be changed for just the July 4th event. Trustee Yusuf noted that the cost would not exceed $22,945. President Quinlan explained that it is in the motion specific that it for the July 4, 2005 event. He noted that Trustee Caleel brought up a good point but indicated that it is budgeted to have the July 4th event this year. If the Board wants to consider whether or not the Village should have a July 4th event that it should be at an open public meeting for discussion. While it costs $4,000 more, he agreed that the familiarity since R B has been handling this for so many years with our police officers and Fire Department to coordinate the moving of vehicles that it is well worth the money spent to save one life. Trustee Korin asked how much of an increase this was over last year's event. Bath & Tennis Club Manager Patras indicated that it is approximately $2,000 over last year. Trustee Craig asked if the Village could have the beer concessions. Manager Patras remarked that the concessions will be before the Village Board at their next meeting. Trustee Korin commented that this is a 10% increase and it seems high. President Quinlan called the question. ROLL CALL VOTE: Ayes: 4 - President Quinlan, Trustees Craig, Yusuf, Zannis. Nays: 2 - Trustee Caleel and Korin. Abstain: 1 - Trustee Aktipis. Absent: 0 - None. Motion carried. D. MOTION TO ADOPT CERTAIN RECOMMENDATIONS OF THE AD HOC AUDIT COMMITTEE Trustee Korin explained at the Committee -of -the -Whole meeting of March 21, 2005 the Board of Trustees discussed the Ad Hoc Audit Committee report. The recommendation was to ask the Board to enter into discussions with Village Attorney Ken Kubiesa on creating a contract with specific language to be included. If an agreement is reached on a VILLAGE OF OAK BROOK Minutes Page 12 of 21 March 22, 2005 contract with Attorney Kubiesa, then the Board would need to vote for approval. Trustee Zannis requested to make a motion to have a contract written and that it be presented at the Board of Trustees next regularly scheduled meeting to ensure that the motions discussed and desires of the Board are done in a timely manner. Motion by Trustee Zannis, seconded by Trustee Korin, to have a contract written with the Village Attorney and returned to the Board of Trustees for the next regularly scheduled meeting for approval. VOICE VOTE: Motion carried. Motion by Trustee Zannis, seconded by Trustee Caleel, that the Village Manager's weekly memorandum include a log of the Village Attorney's new cases and that a spread sheet be given to the Board of Trustees compiling data relative to time and money spent per matter. Trustee Caleel commented that if the Village has a contract that defines what the agreement would constitute, for his particular aspect is a flat sum of money for everything except outside law suits or if you ask him to do something that is not in the general role of the Village Attorney then he is entitled to bill for it. But if the Board comes to a set amount of money and set time of service then there would be no need for this. He would not need to keep track of it. Trustee Korin suggested that he would need to keep track of his hours because he needs to present the Village with itemized invoices. She pointed out that the spread sheet that the Board spoke of at the Committee -of- the -Whole meeting is something that Finance Director Langlois is already creating on a monthly basis. It is not that it would create any real additional work for the Finance Department and then the addition to the Manager's memorandum were just new matters when you open a file but it is just to keep everyone abreast of what is happening. President Quinlan believes that it is more easily handled if Attorney Kubiesa is directed to remit detailed billing of all matters involving the Village. Attorney Kubiesa explained that this is already being done. President Quinlan asked that Manager Boehm have the detailed billing available to all of the Board members in their weekly packet. Trustee Zannis explained that it was recommended to keep a running total by matter in an effort to identify each subject matter. Trustee Yusuf asked if the Board wanted to keep a flat fee, do they just want those matters beyond the scope of the flat fee agreement. Trustee Caleel indicated that is what he is saying. No overruns on the contract as it is for a flat fee for a flat number of hours and service. He suggested that the Board should decide who should handle a case if there is a lawsuit that is not covered by our insurance carrier. The Village Attorney should be liaison for all legal matters but the Board may decide, in closed session, that another firm should handle the case. VILLAGE OF OAK BROOK Minutes Page 13 of 21 March 225 2005 Trustee Zannis suggested that if the Board of Trustees approved a 1,000 hours, in October the 1,000 hours are exceeded, what occurs. Trustee Caleel stated that is not an option as far as he is concerned because that would be almost 16 hours a week or two 8 hour sessions. Our previous attorney would be here for 8 hours and come late in the day on the evenings of Board meetings so that he would not overrun the number of hours that were required. Trustee Zannis indicated that given the execution of that contract, she withdrew the motion. Trustee Caleel withdrew his second of that motion. Trustee Zannis stated another item identified was that the Committee wanted to be able to clearly identify all costs relative to transitioning appointed positions. It would include not only severance packages, vacation times, additional benefits and also transitional costs before an employee employment is continued or terminated. Trustee Korin asked if that should be a written policy. Manager Boehm stated that the Personnel Manual dictates many of the benefits employees receive especially upon separation what items they can avail themselves which may include vacation time or other benefit time. Trustee Zannis explained that what came out of the Ad Hoc Audit Committee Report was that $28,000 of transitional costs and start up fees were not identified as part of those costs initially. When the legal bills were $28,000 over budget, the comment was that it was reasonable because staff changes were made. The point was then made that a Village Board prior to agreeing to make those transitions should know that the transitional costs would be $28,000. Before the Board votes yes or no to make a transition, they should know the true cost of making that change. Trustee Korin stated that the $28,000 was the overlap in time of former Attorney Martens employment due to his contract and Attorney Kubiesa coming on. Had the Village done it differently and eliminated a majority of that time, most if not all of that $28,000 would have been eliminated. There is a handful of positions in which this type of discussion would take place but it should be a matter of policy that when those discussions happen, that the Village President and Board of Trustees be given all of the information of those transitional costs including overlapping time. The Ad Hoc Committee determined there was $5,000 worth of time that those two individuals needed to transfer information so there was a smooth transfer. Motion by Trustee Zannis, seconded to Trustee Korin, to amend the policy of appointed positions to identify all costs relative to transitioning appointed positions including severance package, vacation time and additional benefits and any other transitional costs including anticipated "start-up time" and overlapping salaries before employment is continued or terminated to be presented to the Village President and Board of Trustees VILLAGE OF OAK BROOK Minutes Page 14 of 21 March 22, 2005 before a vote is taken. VOICE VOTE: Motion carried. Trustee Zannis asked that Manager Boehm have this prepared for the Board at their next regular Board meeting. Trustee Zannis stated the last item from the Committee -of -the -Whole meeting was whether Attorney Kubiesa had outstanding legal bills relative to the Quinlan v. Board of Trustees litigation. He indicated that he did not have a bill but there was outstanding time involved which has not been prepared. Attorney Kubiesa explained that the Court has suggested a time schedule for that as he will see Judge Wheaton on Thursday and find out when the bill should be submitted. Trustee Zannis stated that Judge Wheaton has the other two bills. She requested when he submits his bill to Judge Wheaton that the Board of Trustees also receive a copy. He agreed to submit a copy of his bill to the Board of Trustees. E. MOTION TO DIRECT THE VILLAGE ATTORNEY TO PROVIDE WRITTEN OPINION RELATIVE TO HIS POSITION AT THE MARCH 16 2005 "MOTION TO CENSURE" MATTER Trustee Aktipis stated that Trustee Zannis has requested this in the form of a memorandum and he did not know if Attorney Kubiesa has provided that information. Attorney Kubiesa stated he will provide that information in a memorandum to Trustee Zannis. F. RULES OF CONDUCT FOR ATTENDANCE AT VILLAGE BOARD MEETINGS VIA ELECTRONIC MEANS The Village President and the Board of Trustees have expressed an interest to adopt rules that would allow attendance at Village Board meetings thorough electronic means. At its March 16, 2005 meeting the Board did discuss this matter and directed the Village Attorney to draft rules and the Village Manager to survey communities to see what they do. The Village attorney has drafted rules consistent with the comments received at the Board meeting and an inquiry has been sent to a number of communities. Motion by Trustee Korin, seconded by Trustee Zannis, to approve the Rules of Conduct of Village Board Meetings via Electronic Means and direct that these rules be adopted by Ordinance at the April 12, 2005 meeting. VOICE VOTE: Motion carried. 10. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. VILLAGE OF OAK BROOK Minutes Page 15 of 21 March 22, 2005 10. B. ORDINANCES & RESOLUTIONS 1) A RESOLUTION AUTHORIZING AND DIRECTING THE OAK BROOK PUBLIC LIBRARY TO PARTICIPATE IN THE NON - RESIDENT LIBRARY CARD PROGRAM FROM JULY 1, 2005 TO JUNE 30, 2006 Oak Brook Public Library and the Village currently participate in the DuPage Library System's non - resident library card program. The non - resident library card fee is determined by applying the Non - Resident Fee Formula, Section 3050.60, a) General Mathematical Formula of Illinois Public Law 92 -0166. The fee for 2004 -2005 was $387 and no family paid the fee. Motion by Trustee Caleel, seconded by Trustee Korin, for passage of Resolution 2005 -LY -R -900, "A Resolution Authorizing and Directing the Village of Oak Brook Library to participate in the non - resident card program of the DuPage Library System, July 1, 2005 - June 30, 2006, at a fee of $386 per family ". ROLL CALL VOTE: Ayes: 6 - Trustees Atkipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) AWARD OF CONTRACT FOR POLICE DEPARTMENT AND FIRE DEPARTMENT PROMOTIONAL EXAMS Consistent with Illinois State Statute and the Rules and Regulations of the Board of Fire and Police Commission (BFPC), the Village of Oak Brook is again required to begin the process of establishing promotional lists for the following Fire and Police positions: DEPARTMENT POSITION EXPIRATION OF CURRENT LIST Fire Department Battalion Chief 2006 (current list is exhausted) Police Department Police Lieutenant May 18, 2005 Police Department Police Sergeant May 18, 2005 As stated, the promotional eligibility lists for Police Lieutenant and Police Sergeant expire on May 18, 2005. Further, the Battalion Chief Eligibility list expires in 2006, however, the current list only contained one individual, Thomas McEllin, who was promoted to the rank of Battalion Chief in 2004. Therefore, the list has been exhausted and a new list must be established. The written testing process involves meeting with subject matter experts from each of the departments, developing the written test questions and developing a related study VILLAGE OF OAK BROOK Minutes Page 16 of 21 March 22, 2005 10. C. 1) guide. This written test is developed from source materials that include textbooks, national standards manuals, Village policies and procedures manuals, department general orders, etc. The questions are developed in order to prepare the candidates for performing at a higher rank in Oak Brook, and the candidates are tested on their knowledge of many of the department's specific policies. In addition, pursuant to the Rules and Regulations of the Board of Fire and Police Commissioners, the process also includes an oral test of each candidate. This component is meant to test the candidate's leadership ability in various practical scenarios. These scenarios and the criteria for measurement must be developed and applicable to the standards for the department in the Village of Oak Brook. Once completed, the scores are evaluated and tabulated and the promotional eligibility lists are posted and remain in effect for a period of three years. BFPC's Experience with Stanard and Associates, inc.: The Village of Oak Brook, based on the recommendations of the Oak Brook BFPC has engaged Stanard and Associates, Inc. to provide entry level testing services and promotional testing and evaluation services for sworn police and fire personnel since 2000. The BFPC has worked with different consultants in the past and through Village staff, had solicited pricing from various testing companies to determine whether Stanard's rates were competitive in the market. This recommendation has been founded on the following: 1. Since 2000, the BFPC has enlisted Stanard and Associates, Inc. to provide entry level testing services for Police and Fire personnel consistent with the process identified in the BFPC rules and regulations. 2. Stanard developed the last two promotional lists for the Fire Department, Battalion Chief and Lieutenant. 3. Stanard developed the last two promotional lists for the Police Department, Lieutenant and Sergeant. 4. Both the written and oral components of the promotional testing process must be tailored for the department. The knowledge Stanard has of the Oak Brook Police and Fire Departments greatly assists in the development of effective assessment tools and controls the overall costs (elimination of the need to review existing job descriptions). 5. In 2004, Stanard and Associates has been instrumental in educating the BFPC on the recent Firefighter Promotions Act which significantly changes the process for promotions in the fire service. 6. Stanard is well - respected in the field of public safety personnel testing, and provides a validated testing process for the development of both entry level and promotional eligibility lists. 7. According to the current Chair, John Baar, the BFPC has worked with other providers in the past, and has determined that Stanard and Associates provides the VILLAGE OF OAK BROOK Minutes Page 17 of 21 March 22, 2005 10. C. 1) best product. The Commission has been very pleased with the expertise, efficiency, and professionalism of the services and representatives provided by Stanard and Associates, Inc. The 2005 Operating Budget for the Village of Oak Brook included approximately $38,000 for testing services for these three positions. This number was largely based on the 2002 costs for establishing the same three tests in the amount of $36,000. Stanard and Associates did provide an overall proposal for the three tests with a total cost of $31,950.00 with the following breakdown: Position Service 2005 Proposal 2002 Actual Battalion Chief Assessment Phase $ 5,100 00* Written Exam $ 7,95000 Total $13,050.00 $12,00000 Police Lieutenant Written Exam $ 4,45000 Assessment Phase $ 5,000 00* Total $ 9,450.00 $12,00000 Police Sergeant Written Exam $ 4,45000 Assessment Phase $ 5,000 00* Total $ 9,450.00 $12,00000 Grand Total $31,950 00* $36,000 00* * Plus outside assessor fees which will be billed at a rate of $300 00 per assessor, per exam, per day. A not to exceed provision will be established to account for these costs The Board of Fire and Police Commissioners and the Village Staff recommend that the work product as well as the entire experience of working with Stanard and Associates has been highly professional and a strong asset to this organization. Motion by Trustee Korin, seconded by Trustee Zannis, that the Village Board, consistent with the recommendation of the Board of Fire and Police Commissioners, waive competitive bidding and engage Stanard and Associates, Inc., for Police and Fire Testing Services to assist with establishing new eligibility lists for the positions of Fire Battalion Chief, Police Lieutenant, and Police Sergeant at a base cost of $31,950.00 and not to exceed $34,500.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. D. AUTHORIZATION TO PURCHASE - None. E. MOTION TO EXPRESS INTENT OF TRUSTEES TO OVERRIDE PRESIDENT'S VETO VILLAGE OF OAK BROOK Minutes Page 18 of 21 March 22, 2005 10. E. Motion by Trustee Zannis, seconded by Trustee Aktipis, to express the will of the Board of Trustees that the veto of the Village President relative to the engagement of an investigator to review the actions of the Village Attorney shall be overturned by the Board of Trustees at the earliest possible time prescribed by State Statute which is at the regular meeting of the Board of Trustees of April 12, 2005. VOICE VOTE: Ayes: Trustees Aktipis, Caleel, Craig, Korin and Zannis. Nays: Trustee Yusuf Motion carried. F. MOTION TO DIRECT VILLAGE MANAGER RELATIVE TO EXECUTION OF CONTRACT Motion by Trustee Zannis to direct the Village Manager to immediately proceed with the execution and delivery of the contract for the investigator as identified under the terms approved by this Board of Trustees February 22, 2005 and as reaffirmed by the Board of Trustees at their meetings of March 2, 2005 and March 16, 2005; the Village Manager is further directed to provide a down payment of $5,000 along with the contract which amount is within the limits of his spending authority; direction of the Village Manager is pursuant to the proceedings of the will of the Board motion that the Village President's veto will be formally overturned during the April 12, 2005 Village Board meeting, the Village Manager is instructed to forward the remaining payment of $10,000 on April 12, 2005. President Quinlan indicated that the motion is out of order and he also expressly stated that Trustee Zannis is putting the Village Manager in a precarious position which she herself as stated many times is not her desire to do. He stated that the Board knows the motion has been vetoed and the Board cannot override the veto, therefore, the Board does not have the authority to make that direction until the Board has the opportunity at the next regular Board meeting. Trustee Zannis stated that all of the paperwork could be made ready for the April 12, 2005 Board meeting. Trustee Aktipis stated that Trustee Zannis may ask for an appeal. Motion by Trustee Zannis to appeal President Quinlan's decision that the motion is out of order, Trustee Aktipis seconded the appeal. VOICE VOTE: Ayes: Trustee Aktipis, Caleel, Craig, Korin and Zannis. Nays: Trustee Yusuf. Motion carried. Trustee Aktipis stated that the motion must be a roll call vote as money is being expended. Motion by Trustee Aktipis to approve the motion. President Quinlan warned the Board of Trustees that they are violating the law putting the Manager in a precarious situation and the matter could end up in court. Attorney Kubiesa stated that the motion is clearly illegal as the action the Board is asking VILLAGE OF OAK BROOK Minutes Page 19 of 21 March 22, 2005 10. F. the Village Manager to take is illegal. His advice to the Village Manager has been not to follow the Board of Trustees direction if in fact it is given. In light of that, if the Board wishes to proceed with that motion go ahead. Motion by Trustee Caleel, seconded by Trustee Yusuf, to table this matter to the next Village Board meeting. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES: Trustee Caleel stated that he contacted the Village Manager and asked him to look into the matter of giving some relief relative to the Hinsdale Sanitary District and their charging of watering lawns and filling pools. This matter has been on -going for years and Manager Boehm has drafted a response. The District had stated that a second water meter must be installed for sprinkling purposes and one for use inside a home at a cost of several hundred dollars. He noted that the Village has an electronic reading of the meters and how would it be done with two meters. The District had indicated a person must apply for this and he asked whom does one apply to and where is the form. Trustee Caleel asked that these questions be answered because the District stated it would be in effect before May 1, 2005. A. VILLAGE PRESIDENT President Quinlan stated to the public if residents will not be able to vote on April 5, 2005, please come to the Village Hall for in- person absentee voting. If residents are present April 5, 2005, please vote at their polling places as it is the most important thing one can do. The Board needs residents to do that as it is the best and most direct way to send information to the Board. Do not miss the opportunity to cast your vote on April 5t ". Please contact the Village Clerk's office if you have any questions. President Quinlan announced that candidates or friends of candidates on April 6, 2005 please assist in re- beautifying the Village by removing all political signage. B. VILLAGE MANAGER Manager Boehm explained the Hinsdale Sanitary District is cooperating but that they are confused on the Village's billing practices. Staff is having a meeting with Hinsdale Sanitary District this Thursday to work out software issues so that they can capture the Village's water meter data. Staff also plans to have a meeting approximately two weeks later to take care some of the operational issues, work with them on the application and they are committed to a May 1, 2005 commencement date of the program. The District is still looking for an application and a fee to cover their administrative costs. The Village will have everything ready to allow the District to implement this program without the deduct meter. Previously the Hinsdale Sanitary District stated to the Village that it had an ordinance in place that would allow for a credit or reduction of rate for irrigation use that VILLAGE OF OAK BROOK Minutes Page 20 of 21 March 22, 2005 11. B. would be through a deduct meter connected to one's irrigation system. This would encompass an average of some of the winter months billing periods to account for summer usage. Trustee Craig indicated that this is much more desirable than going through having another meter installed which will discourage people from doing it. But by taking the meter readings from another time, applying them and balancing them would allow for residents saving. C. VILLAGE CLERK Deputy Village Clerk Harty announced that the in- person absentee voting occurs in the Village Clerk's office Monday through Friday from 8:30 a.m. to 4:30 p.m. with the exception of Good Friday as the Village Hall will close on noon. Saturday, April 2"d the hours for voting are 9:00 a.m. to 12:00 p.m. and on Monday, April 4th from 9:00 a.m. to 12:00 p.m. 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 administrative tribunal, or when the public body finds that an action is probable or imminent. It was previously announced at the beginning of the meeting by President Quinlan that the closed session has been canceled as information of the two items are not available to discuss. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the Regular Meeting of the Board of Trustees at 8:45 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 21 of 21 March 22, 2005