Minutes - 04/10/2007 - Board of TrusteesMINUTES OF THE APRIL 10, 2007 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 24, 2007.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:33
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif
Yusuf.
ABSENT: None.
IN ATTENDANCE: Jeffrey P. Moline, Acting Village Manager; Kenneth T. Kubiesa,
Village Attorney; James Bodony, Fire Chief; Dale L. Durfey, Jr., Village
Engineer; Robert L. Kallien, Jr., Director of Community Development;
Michael J. Meranda, Public Works Director and Thomas Sheahan, Chief of
Police.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan introduced Pat Sidler, Board Member with Butler School District 53
who explained the facts of the District 53 Referendum.
4. RESIDENT /VISITOR COMMENT - None presented.
5. APPROVAL OF MINUTES
A. SPECIAL COMMITTEE -OF- THE -WHOLE BOARD OF TRUSTEES MEETING
OF MARCH 13, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the March 135 2007 Special Committee -of -the -Whole Board of Trustees Meeting as
presented. VOICE VOTE: Motion carried
B. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 13, 2007
Trustee Kennedy suggested that the statement read into the record from Linda
Gonnella be encased in quotation marks to more distinctly differentiate it from
following comments.
VILLAGE OF OAK BROOK` Minutes Page 1 of 10 APRIL 10, 2007
5. B. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the March 13, 2007 Regular Board of Trustees Meeting as amended. 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.
Trustee Kennedy asked that Agenda Items 6.A.2) Page 9, Klein, Thorpe & Jenkins - Legal
Services - $8,873.05 and 6.A.3. Authorization for Payment of Klein, Thorpe & Jenkins -
Legal Services - $40,083.87 continued from March 13, 2007 be removed for further
discussion.
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. Accounts Payable:
1) Ratification of Period Ending March 22, 2007 - $594,893.27
2) Period Ending April 5, 2007 - $479,815.87
Significant Items included in Above:
a) Brothers Asphalt Paving - 2006 Paving - Payout #3 and Final - $230,388.80
b) Legat Architects - Library HVAC Screening - $913.38
B. Approval of Payroll for:
1) Pay Period Ending March 10, 2007 - $728,117.66
2) Pay Period Ending March 24, 2007 - $596,520.40
C. Community Development Referrals - none presented
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Westdale Gardens Water Main Replacement
E. Budget Adjustments - none presented
F. Acceptance of Grant of Easement for Water Main - Hidden Valley Lane
G. 2006 Paving Project - Change Order #1 - Final Balancing
H. Monthly Treasurer's Report - February 28, 2007
I. Ordinance S -1189 - An Ordinance Approving an Amendment to a Special Use and
Amending Ordinance 5 -237 with Respect Thereto - Christ Church of Oak Brook -
501 - Oak Brook Road - Special Use Amendment
7. ITEMS REMOVED FROM CONSENT AGENDA
6. A. 2) Page 9, Klein, Thorpe & Jenkins - Legal Services - $8,873.05
6. A. 3) Authorization for Payment of Klein, Thorpe & Jenkins - Legal Services -
$40,083.87 continued from March 13, 2007
VILLAGE OF OAK BROOK Minutes Page 2 of 10 APRIL 10, 2007
7.6.
E'1
9
A. 3) Trustee Kennedy asked that these items be deferred to the closed meeting to
discuss the concerns the Board had relative to these litigation bills.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to defer discussion of
these items to the scheduled Closed Meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
BOARD & COMMISSION RECOMMENDATIONS
A. GATTO - 3005/3009 MEYERS ROAD - FINAL PLAT
The Plan Commission, by a vote of 7 to 0, to recommend approval of the Gatto's
final plat of subdivision to incorporate the parcels located at 3005 and 3009 Meyers
Road into a single parcel subject to the following conditions:
1. Approval of a variation to Section 14 -6 -3K to the requirement of a ten -foot
(10') utility easement by the rear lot line.
2. Approval of a waiver to the six -foot (6') side lot line utility easement. The
configuration of the easement running east and west on the north and south
borders of the property be subject to the Village Engineer's approval.
3. Final Engineering approval.
In making this recommendation, the Plan Commission found that the applicant met
all required conditions and standards applicable to granting approval of a final plat of
subdivision.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to concur with the
recommendation from the Plan Commission, to approve the Gatto's final plat of
subdivision and authorize the Village Attorney to prepare the necessary resolution for
final consideration at the April 24, 2007 Board of Trustees meeting subject to three
conditions 1) Approval of a variation to Section 14 -6 -3K to the requirement of a ten -
foot (10') utility easement by the rear lot line, 2) Approval of a waiver to the six -foot
(6') side lot line utility easement. The configuration of the easement running east and
west on the north and south borders of the property be subject to the Village
Engineer's approval and 3) Final Engineering approval. VOICE VOTE: Motion
carried.
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
VILLAGE OF OAK BROOK Minutes Page 3 of 10 APRIL 10, 2007
9. B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -830 - AN ORDINANCE AMENDING TITLE 1, CHAPTER 4,
ARTICLE B, SECTION 6 OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK, ILLINOIS TO ESTABLISH PROCEDURES TO AUTHORIZE
THE DESTRUCTION OF THE VERBATIM RECORD OF CLOSED
MEETINGS OF THE VILLAGE OF OAK BROOK BOARD OF TRUSTEES
CONTINUED FROM MARCH 13, 2007
The Open Meetings Act permits the destruction of the verbatim record of closed
meetings (the audio tape) no less than eighteen (18) months after the completion
of the meeting recorded, but only after the public body approves the destruction
of a particular recording and also approves the minutes of the closed meeting.
Assistant Village Attorney Gosselar opined that in improving the method of
destruction of audio recordings of closed meetings, she has recommended the
following that, absent litigation in which a particular tape could be advantageous
to the Village, there is no advantage whatsoever to retaining tapes after the
required period and many advantages to destroying such tapes promptly. If the
tapes are destroyed, as permitted, there would still be minutes of the meetings,
and the Board members could refer to these for information.
The Act requires that the Board approve destruction of a particular recording, so
there are two options: (i) Prepare an ordinance every six (6) months to destroy all
tapes that are no less than eighteen (18) months old; or (ii) Approve destruction of
the tape of a specified meeting that is no less than (18) months old under the
Board's consent agenda. The first option would mean that some tapes would be
held for a period of time after they are eighteen (18) months old. Because of this,
it is her opinion and recommendation that the second option be implemented.
Thus, there could be a consent agenda item authorizing destruction of a tape that
is eighteen (18) months old at the time of a particular Board meeting.
Even with this procedure in place, the Manager, the Village Attorney, or a
Trustee could recommend or request that a particular tape be held. In order to
retain a particular tape, a Trustee would need to request that the item be removed
from the consent agenda for separate consideration and denial of approval for
destruction. In most instances, however, it is in the Village's best interest to
destroy the tapes as soon as legally possible.
The ordinance amends Title 1, Chapter 4, Article B, Section 6 to substitute new
provision for subsections C and D. These modified provisions do two
things: (i) they no longer provide for the release of verbatim recordings, as it is
her opinion that audio tapes should never be released; and (ii) they provide a
means of authorizing the destruction of tapes over eighteen (18) months old on
the consent agenda at any regular Village Board meeting after such a tape has
reached that age.
VILLAGE OF OAK BROOK Minutes Page 4 of 10 APRIL 10, 2007
9. B. 1) Trustee Aktipis expressed his concern that this sends the wrong message to the
public when destruction of tapes is done automatically. President Quinlan
clarified that the destruction was not automatic, but that the decision to destroy
would be brought to the Board routinely. The Board has the final decision as to
whether the tape is destroyed. Discussion ensued relative to closed meeting
discussions and whether those discussions should take place in the open.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance G -830, An Ordinance Amending Title 1, Chapter 4, Article B, Section
6 of the Village Code of the Village of Oak Brook, Illinois to Establish
Procedures to Authorize the Destruction of the Verbatim Record of Closed
Meetings of the Village of Oak Brook Board of Trustees. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf.
Nays: 2 - Trustees Aktipis and Craig.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) MOSQUITO ABATEMENT SERVICES
Two sealed bids were received and opened on Wednesday March 14, 2007. The
bid from Clarke Environmental Mosquito Management is $9,470 lower than the
other bid received and $15,435 less than Clarke's 2006 charges. Clarke has held
this contract with the Village of Oak Brook for many years and has performed
adequately.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board
approve a one year contract, subject to staff review, to Clarke Environmental
Mosquito Management, Roselle, Illinois for a lump sum cost of $72,347 for the
calendar year of 2007, and for unit costs indicated on the tabulation sheet. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE
The Oak Brook Hotel, Convention and Visitors Committee is composed of nine
(9) members with terms that expire every February 28t ". Michael Newman of the
Doubletree Hotel has been replaced by John Wagner as the new General
Manager. Ted Selogie of the Marriott Oak Brook has been replaced by Lisa
LaPlana as the new General Manager.
VILLAGE OF OAK BROOK Minutes Page 5 of 10 APRIL 10, 2007
10. A. 1) President Quinlan recommended that the Village Board concur with the following
appointments to the Hotel, Convention and Visitors Committee, with the term
expiring February, 2008:
1. Appointment of John Wagner, General Manager, Doubletree Hotel Chicago -
Oak Brook
2. Reappointment of Dieter Heigl, General Manager, Renaissance Oak Brook
Hotel
3. Appointment of Lisa LaPlana, General Manager, Oak Brook Marriott Hotel
4. Reappointment of Julie Coker, General Manager, The Lodge at McDonald's
Campus
5. Reappointment of Heather Wehling, General Manager of the Residence Inn by
Marriott -Oak Brook
6. Reappointment of Chuck Fleming, General Manager, Oakbrook Center
7. Reappointment of Ralph E. Maxson, Oak Brook Resident
8. Reappointment of Tracey Mulqueen, President & CEO of the Greater Oak
Brook Chamber of Commerce
9. Reappointment of Michael Yaneck, General Manager, The Wyndham Drake
Hotel
Motion by Trustee Kennedy, seconded by Trustee Sanford, to concur with
President Quinlan's recommendation for appointment of John Wagner, General
Manager, Doubletree Hotel Chicago -Oak Brook; reappointment of Dieter Heigl,
General Manager, Renaissance Oak Brook Hotel; appointment of Lisa LaPlana,
General Manager, Oak Brook Marriott Hotel; reappointment of Julie Coker,
General Manager, The Lodge at McDonald's Campus; reappointment of Heather
Wehling, General Manager of the Residence Inn by Marriott -Oak Brook;
reappointment of Chuck Fleming, General Manager, Oakbrook Center;
reappointment of Ralph E. Maxson, Oak Brook Resident; reappointment of
Tracey Mulqueen, President & CEO of the Greater Oak Brook Chamber of
Commerce and reappointment of Michael Yaneck, General Manager, The
Wyndham Drake Hotel to the Hotel, Convention and Visitors Committee, with
the term expiring February, 2008. VOICE VOTE: Motion carried.
10 B. ORDINANCES & RESOLUTIONS
1) ORDINANCE S -1191 - AN ORDINANCE AUTHORIZING TRANSFERS
AMONG BUDGET LIEN ITEMS FOR THE YEAR ENDED DECEMBER 31,
2006
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 ".
Additionally, statutes provide that the corporate authorities may delegate
VILLAGE OF OAK BROOK Minutes Page 6 of 10 APRIL 10, 2007
10. B.1) 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
2006 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 contingency 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.
The 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.
Program Transfers
Program 611- Police Service Mana e` ment: This program exceeded the total
annual budget by $53,985. Account number 611 -5230, Training, exceeded its
budget by $17,385 due to costs associated with Police Department employees
utilizing the Village's tuition reimbursement program exceeding the amount
included in the budget. Account 611 -7700, Other Services, is $36,600 over
VILLAGE OF OAK BROOK Minutes Page 7 of 10 APRIL 10, 2007
10. B. 1) budget due to primarily to legal costs related to ongoing personnel matters in the
Police Department
Program 621 - Police Field Services: Full -time salaries are over budget due a
manpower allocation decision for part of the year which resulted in the number of
full time employees exceeding the budgeted number in this program (this is offset
by a reduction in Program 632 - Police Investigations). Account number 621-
9010, New Equipment, is over budget by $27,890 due to an unbudgeted
expenditure for a card access security system in the Police Department for which
a grant of $25,000 was received from ILEAS. Thus, a revenue amount offsets
most of this budget variance but this transfer is still required so that the program
total does not exceed its budget.
Program 700 -Fire and EMS General Salaries: On December 12, 2006, $36,190
was transferred from Account 700 -5001 Full Time Salaries to partially fund
variances totaling $103,305 caused by overtime and fire pension variances in the
Fire Department. The Fire Department overestimated the amount available in the
Full -Time line item when this transfer was made and $23,850 is now required to
be "put back" in order to comply with the budget policy. Thus, the primary cause
of the variance in the program is the over transfer done on 12/12/2006.
Fund Appropriation Amendments: For the first time in many years no fund
appropriation amendments are required as total expenditures in each Fund of the
Village were under the total budget appropriation.
Trustee Kennedy commented that this was a small budget adjustment and spoke
well of the staff budgeting and of department heads working within their
budgets.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of
Ordinance S -1191, An Ordinance Authorizing Transfers Among Budget Line
Items for the year ended December 31, 2006. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. B. 2) ORDINANCE S -1190 - AN ORDINANCE AUTHORIZING EXECUTION OF
AN AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR MOTOR VEHICLES IN THE FOREST GATE
SUBDIVISION IN THE VILLAGE OF OAK BROOK
In late 2006, Jack Pine of the Forest Gate Homeowners Association approached
the Village to determine if the Village would enter into an agreement to enforce
traffic regulations within the Forest Gate Subdivision. Management and Police
Staff met with Mr. Pine to review the request and explain the structure and
VILLAGE OF OAK BROOK Minutes Page 8 of 10 APRIL 10, 2007
10. B. 2) manner in which the Village has entered into these agreements in other private
subdivisions and the extent to which the Village can enforce regulations (similar
agreements exist in Briarwood Lakes, Midwest Club, and on Oak Brook Hills
Road). The agreement was drafted by staff based on other HOA and Village
agreements, has been reviewed by the Village Attorney's Office, and incorporates
the major tenets of the meetings between the Village and Forest Gate. Forest
Gate Subdivision has approved the agreement and has provided the necessary
insurance requirements to the Village.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance S -1190 Authorizing Execution of an Agreement for Enforcement of
Certain Traffic Regulations for Motor Vehicles within the Forest Gate
Subdivision in the Village of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None presented.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Quinlan encouraged residents to go out and vote.
Trustees Manofsky and Aktipis congratulated the Bath & Tennis Club staff on a great
Easter Brunch which was attended by 288 residents. Trustee Manofsky encouraged
residents to take advantage of the free social membership.
B. VILLAGE MANAGER - No report was given.
C. VILLAGE CLERK - Deputy Village Clerk Harty reminded residents of the hours that
the election polls will be open on April 17th and how to get to the precincts located at
the Butler Government Center. She added that over the last year or so that there were
many precinct changes and suggested that residents verify their precinct location by
going on the County Website, the Village Website or call the Clerk's office to
determine where their precincts are located.
12. President Quinlan announced that there will be no expected final action after the Closed
Meeting.
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 (2c 11).
VILLAGE OF OAK BROOK Minutes Page 9 of 10 APRIL 10, 2007
12. Motion by Trustee Craig, seconded by Trustee Manofsky, to adjourn to a Closed Meeting
to consider litigation, when an action against, affecting or on behalf of the Village has
been filed and is pending before a court or administrative tribunal, or when the public
body finds that an action is probable or imminent (2c 11) at 8:09 p.m. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
13. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Craig, to adjourn the Regular Meeting
of the Board of Trustees at 8:50 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 10 of 10 APRIL 10, 2007