Minutes - 03/23/2004 - Board of TrusteesMINUTES OF THE MARCH 23, 2004 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 13, 2004.
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:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Susan Chase Korin, Elaine Miologos and Asif Yusuf.
ABSENT: Trustee George T. Caleel.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Dale L. Durfey, Jr., Village
Engineer; Robert L. Kallien, Jr., Director of Community Development;
Darrell J. Langlois, Finance Director; Kenneth T. Kubiesa, Village
Attorney and Sue Madorin, Interim Library Director
3. RESIDENT /VISITOR COMMENT:
President Quinlan thanked our residents for voting at the March 16`" Primary election for
the approval of the sales tax referendum. He also stated those who voted against it may
contact the Village if they wish to discuss this issue.
President Quinlan also announced that the Village will be implementing a new system for
DUI convictions thereby controlling the enforcement process of these convictions. It will
streamline the process and generate revenue from fines and penalties for the Village.
4. APPROVAL OF MINUTES:
Regular Board of Trustees Meeting of March 9, 2004
Motion by Trustee Aktipis, seconded by Trustee Korin, to approve the minutes of the
March 9, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried.
5. 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 1 of 10 March 23, 2004
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5. Motion by Trustee Craig, seconded by Trustee Yusuf, to approve the Consent Agenda and
authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING MARCH 19, 2004 - $477,181.48
Significant items included in above:
1) DuPage Water Commission - $157,580.15
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 13 2004 -
$553,918.88
C. COMMUNITY DEVELOPMENT REFERRALS
1) MIDWEST COURT SUBDIVISION— 3308 MIDWEST ROAD — FINAL PLAT
OF SUBDIVISION
2) OAK BROOK PARK DISTRICT — 1450 FOREST GATE — VARIATION
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
1) 2004 — 2005 STATE JOINT PURCHASE — DEICER SALT
E. ACCEPT AND PLACE ON FILE TREASURER'S REPORT FEBRUARY 2004
F. WAIVER OF FEES — OAK BROOK PARK DISTRICT — VARIATION
G. ORDINANCE 2004- PP -EXl -S -1065, "AN ORDINANCE AUTHORIZING THE
SALE, DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL
PROPERTY OWNED BY THE VILLAGE OF OAK BROOK"
6. ITEMS REMOVED FROM CONSENT AGENDA - None.
7. BOARD & COMMISSION RECOMMENDATIONS - None.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS - None.
VILLAGE OF OAK BROOK Minutes
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Page 2 of 10 March 23, 2004
8. C. AWARD OF CONTRACTS
1) 2004 CRACK SEALING PROJECT
Four sealed bids were received and opened on Wednesday, March 3, 2004.
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 $256.16.
SKC was awarded the contract for the past two years and performed adequately.
Stripe -A -Lot, the numeric low bidder, was disqualified because they proposed
using unacceptable fiber- asphalt blocks that did not meet specifications.
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 May 31, 2004.
Motion by Trustee Miologos, seconded by Trustee Aktipis, that the Village Board
award a contract to the lowest responsive and responsible bidder, SKC
Construction, West Dundee, Illinois, subject to staff review, based on unit prices
as indicated on the bid tabulation, for an estimated total project cost of $35,133.34.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried.
2) MOSQUITO ABATEMENT SERVICES
The Village Board, at its January 27, 2004 meeting, waived bidding due to sole
source, and authorized staff to negotiate a contract with Clarke Environmental
Mosquito Management, Inc. to provide a mosquito abatement program. In past
years, the Village has used a "unit price" contract. This year staff recommends a
combination lump sum/unit price contract. This approach is the most cost
effective.
The major services include:
1. Installation and maintenance of light traps to evaluate adult mosquito activity.
2. Inspection and treatment of known and potential breeding sites.
3. Stocking of mosquito fish in known surface waters where mosquitoes breed.
4. Treatment of catch - basins where mosquitoes breed and harbor.
5. Helicopter and backpack barrier treatment to areas with limited access.
6. Village -wide Ultra -Low Volume aerosol misting for adult mosquito
populations.
VILLAGE OF OAK BROOK Minutes
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Page 3 of 10 March 23, 2004
8. C. 2) Motion by Trustee Miologos, seconded by Trustee Korin, that the Village Board
approve a negotiated three -year contract, subject to staff review, to Clarke
Environmental Mosquito Management, Inc., Roselle, Illinois for a lump sum cost
of $79,620 for 2004, 5% increase for years 2005 and 2006, and for unit costs.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried.
President Quinlan announced that the Village Board's closed meeting has been canceled
due to a lack of new information.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- TX -S -G -744 "AN ORDINANCE IMPOSING MUNICIPAL
RETAILERS' OCCUPATION TAX AND SERVICE OCCUPATION TAX AND
AMENDING TITLE 5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK, ILLINOIS WITH RESPECT THERETO"
This matter was placed on the March 16, 2004 Primary Election Ballot as a
referendum question. The voters of the Village overwhelmingly approved the
taxes. The revenue generated from the tax will significantly impact the Village
budget in years to come. The tax will be collected and enforced by the Illinois
Department of Revenue beginning July 1, 2004.
Motion by Trustee Yusuf, seconded by Trustee Korin, to pass Ordinance 2004 -
TX -S -G -744 imposing a Non -Home Rule Municipal Retailers' Occupation Tax
and Non -Home Rule Municipal Service Occupation Tax in the amount of 1/4 of
1% and amending the Village Code to reflect the same. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried
2) ORDINANCE 2004- BU -EXI -S -1066 "AN ORDINANCE AUTHORIZING
TRANSFERS AMONG BUDGET LINE ITEMS"
During the course of a year, there are numerous situations that may arise that cause
an account, program, or even a fund to exceed its budget. When this occurs, State
statutes provide that the corporate authorities may make transfers from "one
corporate object or purpose to another corporate object or purpose ".
VILLAGE OF OAK BROOK Minutes Page 4 of 10 March 23, 2004
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9. B. 2) Additionally, statutes provide that the corporate authorities may delegate authority
to heads of municipal departments to "delete, add to, change, or create sub - classes
within object classes budgeted previously to the department with the approval of
the budget officer or executive officer of the municipality ". The Village has
defined a corporate object or purpose to be an individual program or fund. Sub-
classes within object classes have been defined as accounts and categories within a
budget program.
Now that all of the year -end accounting adjustments have been made, several
budget accounts, categories, and programs have been determined to have ended
2003 over budget. The Village Board's policy on Finance, Taxation, and Budget,
prepared based on the previously mentioned statutes, outlines the following
procedures for budget administration and how these variances are to be addressed:
1. That the Budget Officer, with the approval of the Village Manager, may
authorize transfers of budgeted funds between accounts or between account
categories within a single budget program.
2. That any transfer of budgeted funds from one budget program to another shall
be subject to approval by the Board of Trustees upon the recommendation of
the Village Manager.
3. That any transfer from contingence shall be subject to approval by the Board of
Trustees upon the recommendation of the Village Manager.
4. That any increase in the total appropriation within any fund shall be subject to
approval by the Board of Trustees upon the recommendation of the Village
Manager.
In prior years, staff approved an extensive listing of budget transfers
administratively due to budget variances in account categories within a single
budget program as provided for under Procedure #1. In practice, these transfers
were only reflected in the Village's audit report-our accounting records are never
adjusted for any budget transfers in order to maintain proper budget /actual
comparison data. With the new reporting requirements associated with GASB
Statement #34, the Village is now required to publish original budget amounts in
addition to revised budget amounts in its audit report. This new requirement
reduces the value of these administrative transfers required under option #l. After
consultation with the Village's auditors, it is staff's recommendation that only
program -to- program transfers and additional fund appropriations be recorded this
year. These transfers are required since this is the level of legal control where
budget compliance is measured.
VILLAGE OF OAK BROOK Minutes Page 5 of 10 March 23, 2004
9. B. 2) The schedule attached to the ordinance provides the necessary transfers between
budget programs so that each program is within budget. All transfers are only for
the amounts necessary to offset the individual program budget variances, and in
most cases the transfer is done only to the individual line item that has the largest
variance. In most cases it is several accounts that would cause a program to exceed
its budget. Also, in some cases the variance in a particular line item may be greater
than the amount of the transfer, with offsets found in other line items within the
budget program. After these transfers are made, numerous line -items and
categories will remain over budget; however, each program in total will be within
budget.
The following is a brief explanation of the causes of program transfers that exceed
$25,000:
Program 134 -Risk Management: The IRMA premium was over budget due to the
hardening of the reinsurance markets. Although some increase was budgeted for,
the actual premium was higher than the amounts used for budget preparation.
Program 161 - Village Communications Center: The final payment for the new
communications center equipment was not budgeted in 2003 (for budget purposes it
was assumed to be completed in 2002) and overtime was over budget due to staff
vacancies and training associated with three new employees.
Program 621- Police Field Services: This large variance is due to (1) two additional
authorized positions charged to this program instead of Program 632 - Police
Investigations due to delays in filling the two tactical officer positions (these
authorized positions will be redirected to form a new traffic unit in 2004), and (2)
the costs associated with two years of increases for bargaining unit members
(consistent with past practice increases were not included in the 2003 budget).
Program 700 -Fire and EMS General Salaries: The overtime variance is due to
several extended sick leave and worker's compensation cases involving seven
department employees requiring overtime to meet minimum staffing levels as well
as overtime caused by the vacancy in the Fire Chief position.
Program 351 -Water Operations: At the time the 2003 budget was prepared it was
assumed that more of the automated meter reading project would take place in 2002
than actually occurred. This timing issue caused these costs to carry over to 2003.
For both years combined this project is under budget.
In 2003 the following four funds exceeded the total fund appropriation:
Foreign Fire Insurance Tax Fund
Garage Fund
Police Pension Fund
Firefighters' Pension Fund
VILLAGE OF OAK BROOK Minutes Page 6 of 10 March 23, 2004
9. B. 2) In each case these funds only have one budget program; thus, to solve a budget
variance an increase in the total fund appropriation is required. In the case of the
Foreign Fire Insurance Tax Fund, this Board authorized additional purchases that
were not originally budgeted for (the Village Board does not control use of these
funds). In the other three funds, the transfers necessitated by the cost of vehicle
maintenance and pension benefits and refunds is not entirely predictable and
variances may occur that are beyond the Village's control.
Trustee Korin noted two segments that are extremely high and voiced her concern
that budgeting should be more on target and by transferring funds doesn't make it
accountable. She stated accountability needs to be made and asked that
department directors meet their budget. Trustee Miologos agreed with Trustee
Korin that in ordinance form the departments meet their budget. If a department's
budget is over 5% they should come before the Village Board for approval.
President Quinlan suggested that the budget process is managed by the Village
Manager and any large variance would be presented to the Village Board.
Manager Boehm explained that a record is made of when departments are over
budget and the Village is meeting State statute in this type of accounting
procedures and that staff is aware that the Board oversees the budget.
President Quinlan explained that the adjustments are required to meet audit
standards and he noted that those departments that are over budget will need to
explain what has occurred.
Trustee Aktipis stated the Village Manager is doing a very responsible job to
ensure that the departments are operating correctly.
Motion by Trustee Yusuf, seconded by Trustee Korin, to pass Ordinance 2004 -
BU -EXI -S -1066, "An Ordinance Authorizing Transfers Among Budget Line
Items which authorizes transfers among budget line items for the year ended
December 31, 2003." ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried.
3) ORDINANCE 2004 -TC- DUI -G -745, "AN ORDINANCE AMENDING TITLE 7
CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)"
By adopting the driving under the influence provisions of the Illinois Vehicle Code
and the fine and penalty provisions of the Vehicle Code, the Village can prosecute
those and related provisions of the Vehicle Code under Village Ordinance and
thereby control the enforcement process and generate fines and penalties for the
Village's general fund. It is estimated that in the first year of this program, the net
benefit to the Village's general fund could be in the range of $50,000.
VILLAGE OF OAK BROOK Minutes Page 7 of 10 March 23, 2004
9. B. 3) Staff recommends an Ordinance amending Title 7 (Motor Vehicles and Traffic) of
the Village Code to adopt the fine and penalty provisions of the Illinois Vehicle
Code with reference to Driving Under the Influence and thereby allow for Village
prosecution thereof. The Ordinance also allows the Village Prosecutor to retain an
assistant village prosecutor for the purpose of prosecuting the DUI offenses under
the Village Code.
Motion by Trustee Yusuf, seconded by Trustee Miologos, to pass Ordinance 2004 -
TC- DUI -G -745, "An Ordinance Amending Title 7, Chapter 1 (Motor Vehicles and
Traffic) of the Village Code with references to Driving Under the Influence
charges." ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS
1) PHASE 3 ENGINEERING SERVICES (CONSTRUCTION ENGINEERING) —
31sT STREET BICYCLE/PEDESTRIAN PATH
At the February 22, 2000 Board of Trustees meeting, the Phase II Engineering
Agreement with Civiltech Engineering was approved which directed the Engineer
to provide design plans and specifications. Since that time, Civiltech has been
proceeding with the Phase II Engineering work and has developed final plans and
specifications which were submitted to IDOT and approved. IDOT will be
processing the final plan documents, bidding the project, and awarding a contract
which will be administered by IDOT.
The next step is to have an agreement with an engineering consultant to perform
Phase III engineering inspection services. IDOT also reviewed it, had comments,
and the proposed agreement is the final revised version. The Village should
approve the agreement, execute it, and send it to IDOT for their processing. The
Engineer's Construction Cost Estimate is $1,116,216.35.
The engineering part of this project is part of an Illinois Transportation
Enhancement Program Grant. The cost sharing is 80% Grant /20% Village. As
such, the Village would be liable for approximately $25,900 of this Phase III
Engineering Cost. The construction is part of the Illinois Transportation
Enhancement Program Grant and an STP -TCM Federal /IDOT Grant. The Village
will be liable for about 22% of the construction cost.
Staff is hoping to make the IDOT bid letting date of June 11, 2004. Construction
would commence this fall and be completed during 2005.
VILLAGE OF OAK BROOK Minutes Page 8 of 10 March 23, 2004
9. C. 1) Since the contract for Phase III Engineering Services is between the Village and the
consultant, the consultant will invoice the Village, the Village will pay the invoices,
and then the Village will seek reimbursement of 80% from IDOT.
This form of contract is stipulated by IDOT and has been reviewed and approved
by the Village Attorney.
IDOT will also prepare a Joint Agreement between the Village and IDOT
concerning specific cost sharing dollars for both Phase III engineering and
construction which will be brought before the Village Board at an upcoming
meeting for approval.
Motion by Trustee Miologos, seconded by Trustee Korin, to approve the
Construction Engineering Services Agreement For Federal Participation (the Phase
III Engineering Agreement) with Civiltech Engineering, Inc. for the 31st Street
Bicycle/Pedestrian Path in the not -to- exceed amount of $129,497.00. ROLL CALL
VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusu£
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried
10. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Quinlan thanked all of the residents for getting out the vote for the
referendum approval of the March 16th Primary Election.
B. VILLAGE MANAGER:
Manager Boehm thanked the Public Works Department for their clean up program
after the winter season in the Village. They also performed cleanup along Route 83.
The Village is working with the Hotel, Convention and Visitors Committee, DuPage
Mayors and Managers Conference and the Oak Brook Area Association of Commerce
& Industry on legislation that would impact the area.
C. VILLAGE CLERK:
Clerk Gonnella announced the Canvass of Votes for the March 16th Primary Election
will be held on Tuesday, April 6th at 8:00 a.m. in the Samuel E. Dean Board Room at
the Butler Government Center, 1200 Oak Brook Road pending the release of the
official canvass of votes by the DuPage County Election Commission and Cook
County Clerk David Orr.
VILLAGE OF OAK BROOK Minutes Page 9 of 10 March 23, 2004
11. ADJOURN TO CLOSED MEETING:
President Quinlan had previously announced that the closed meeting had been canceled
due to a lack of new information.
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.
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.
12. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Miologos, to adjourn the meeting at 8:04
p.m. VOICE VOTE: Motion carried.
ATTEST:
.-,r
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 10 of 10 March 23, 2004
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