Minutes - 04/11/2006 - Board of Trustees2.
3.
MINUTES OF THE APRIL 11, 2006 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
MAY 9, 2006.
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 7:32
p.m. The Pledge of Allegiance was given.
ROLL CALL
Village Clerk Linda Gonnella 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: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Kenneth T. Kubiesa, Village Attorney; James Bodony,
Fire Chief, Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director
of Information Services & Purchasing; Robert L. Kallien, Jr., Director of
Community Development; Darrell J. Langlois, Finance Director; Michael
J. Meranda, Public Works Director; Thomas Sheahan, Chief of Police;
Trey VanDyke, Golf Club Manager; Nelson Patras, Interim Bath & Tennis
Club Manager; Moin Saiyed, Member of the Plan Commission and Baker
Imry, Member of the Zoning Board of Appeals.
PRESIDENT'S OPENING COMMENTS
President Quinlan announced that John Fagan was sworn in as a Firefighter /Paramedic;
Mark King was sworn in as a Sergeant and Jason Cates was sworn in as a Lieutenant and
Division Commander.
President Quinlan reported that preliminary sales tax figures appeared to be less than
expected, but the Finance Department researched the reason and discovered that there had
been a reporting error to the Illinois Department of Revenue which will be corrected. He
added that the corrected figures show that Village revenues are on target.
President Quinlan reported that the Commercial Revitalization Task Force would meet on
Wednesday, April 12 at 12:30 p.m. to determine the consultants for the 22nd
Street /Butterfield Road Corridor Revitalization Plan.
VILLAGE OF OAK BROOK Minutes Page 1 of 21 April 11, 2006
4. RESIDENTNISITOR COMMENT
Mr. Vivek Sighal, resident of Oak Brook addressed the Board regarding the India
Development Coalition of America who is sponsoring a "Water Summit" in conjunction
with the Lions Club in June and urged everyone to become involved.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 14, 2006
Trustee amended the Minutes on page 2, Agenda Item 4 to add after the first sentence,
"Trustee Aktipis highlighted the excellent work that Chief Sheahan has done since his
appointment as Police Chief."
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the March 14, 2006 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.
A. Accounts Payable
1. Ratification of Period Ending March 28, 2006 - $323,646.72
Significant Items included in Above:
a) DuPage Water Commission — 118,361.36
2. Period Ending April 7, 2006 - $ 455,359.14
Significant Items included in Above: None
a) Chicagoland Paving Contractors - Payout # 1 — 2004 Water Main & Drainage
Project - $22,292.00
B. Approval of Payroll
1. Pay Period Ending March 11, 2006 - $635,816.14
2. Pay Period Ending March 25, 2006 - $576,909.83
C. Community Development Referrals
1) Public Works Construction Standards — Objects Within Parkways
2) Beard's Resubdivision #2 — Final Plat, 4 Lot Subdivision
D. Authorization to Seek Bids or Proposals or Negotiate Contracts - None
E. Budget Adjustments - None
F. Treasurer's Report — February, 2006
G. Ordinance Authorizing the Sale, Donation or Disposal of Certain 'Items of Personal
Property Owned by the Village of Oak Brook
VILLAGE OF OAK BROOK Minutes Page 2 of 21 April 11, 2006
6. Trustee Aktipis asked that Agenda Item 6.A.1) b) Kubiesa, Spiroff, Gosselar & Acker —
Legal Fees - $26,508.45 and 6. H. An Ordinance Authorizing Transfers Among Budget
Line Items be removed.
Trustee Craig asked that Agenda Item 6. I. 2006 First Quarter Hotel/Motel Tax Receipts
be removed.
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.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. A.1) b. KUBIESA, SPIROFF, GOSSELAR & ACKER — LEGAL FEES - $26,508.45
Trustee Aktipis expressed his concern about billing for $8,000 why on top of
another $9,000 charge paid previously for legal fees incurred by Mrs. Mullins in
her defense of a Federal Court suit brought by an Oak Brook resident. He
questioned why public funds were being used to indemnify and defend a private
citizen. Trustee Kennedy responded as the board liaison to the legal department
indicating that Village Code provided that the Board had the discretion to
indemnify and defend any Village officer or employee who was sued. He added
that in February of 2005 the previous Board amended the Village Code to
basically make it mandatory that the Village must defend any Village officer or
employee who is sued. Trustee Kennedy indicated that the Joan Mullins, Village
Prosecutor had been named as a defendant in her capacity as a Village officer.
Discussion ensued related to whether she was actually an officer of the Village.
Trustee Aktipis contended that she was not an officer or an employee of the
Village. Trustee Aktipis explained that Ms. Mullins was retained as prosecutor on
the basis of a letter of intent and not a contract. Trustee Kennedy reminded
Trustee Aktipis that in August of 2004 she was specifically appointed as
prosecutor of the Village.
Motion by Trustee Kennedy, seconded by Trustee Sanford to pay the bill as
presented by Kubiesa, Spiroff, Gosselar & Acker for Legal Fees in the amount of
$26,508.45. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Sanford, Yusuf and President Quinlan.
Nays: 3 — Trustees Aktipis, Craig and Manofsky
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 3 of 21 April 11, 2006
7. 6.H. AN ORDINANCE AUTHORIZING TRANSFERS AMONG BUDGET LINE
ITEMS
Trustee Aktipis raised the issue that the attorney bills continue to escalate and
therefore a transfer of approximately $34,000 to cover the Kubiesa firm bills and
approximately $13,000 to cover other attorney fees must be made. He suggested that
it was time to consider a more stringent way of spending funds for legal fees.
Motion by Trustee Kennedy to approve Ordinance S -1151, An Ordinance
Authorizing Transfers Among Budget Line Items. ROLL CALL VOTE:
Ayes: 5 — Trustees Craig, Kennedy, Manofsky, Sanford andYusuf.
Nays: 1 - Trustee Aktipis.
Absent: 0 - . Motion carried.
I. 2006 FIRST QUARTER HOTEL /MOTEL TAX RECEIPTS
Trustee Craig reminded the Board that a suggestion had been made to address the
issue of using these revenues to fund the fireworks display. He asked for an update
from the staff indicating that this transfer would not jeopardize that possibility.
Finance Director Darrell Langlois indicated that it would not.
Motion by Trustee Craig, seconded by Trustee Yusuf that the village Board
authorize the release of 20% of the 2006 first quarter hotel tax receipts to the DuPage
Convention & Visitors Bureau in the amount of $14,797.80 as requested by the Oak
Brook Hotel, Convention and Visitors Committee. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. Kariotis — 12 Natoma - Variations
At its meeting on March 7, 2006, the Zoning Board of Appeals held the required
public hearing and completed its deliberation on a petition submitted by Mr. David
Kennedy, on behalf of Mr. Chris Kariotis, the owner of the home located at 12
Natoma Court. He is seeking approval of variations to Section 13- 12 -3.E4 and 13-
12-3.E5 of the Zoning Ordinance. The proposed variations are needed to
accommodate the planned construction of a new loop driveway, while preserving two
existing trees on the lot.
Relative to the required distance between driveways, the applicant is seeking relief to
permit a distance of 72.6 feet versus the code requirement of 101.98 feet. The other
variation relates to the distance between a driveway and the intersection of an
adjacent road. The applicant is seeking relief to permit the driveway to be located
approximately 30 feet from Natoma Drive, which is less than the required 50.98 feet.
VILLAGE OF OAK BROOK Minutes Page 4 of 21 April 11, 2006
8. A. Recommendation
By a vote of 6 -0, the Zoning Board recommended approval of the variation for the
property at 12 Natoma Court as amended subject to the following conditions:
1. The corrected dimensions are to be added to the Site Plan.
2. To be constructed in substantial conformance with the site plan as submitted and
amended (page 9 of the case file depicts the corrected dimensions).
In making this recommendation, the Zoning Board found that the applicant addressed
the required factors in testimony and in writing on pages C -C.1 of the case file. In
addition, no comments or objections were received from the neighboring property
owners.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variation to permit the construction of a new driveway for the property at 12 Natoma
Court and authorize the Village Attorney to draft the necessary ordinance for final
consideration at the April 25, 2006 Board of Trustees meeting. VOICE VOTE:
Motion carried.
B. CHRIST CHURCH OF OAK BROOK — SPECIAL USE AMENDMENT AND
VARIATION
At its meetings on March 7 and April 4, 2006, the Zoning Board of Appeals held the
required public hearing and completed its deliberation on several petitions submitted
by the Christ Church of Oak Brook, which is the owner of several properties located
at 501 Oak Brook Road as well as 3202, 3212, 3222 and 3306 York Road. The
requests were for a special use to amend the existing site plan and variations to
Sections 13- 12 -3 -E4 and 13- 12- 3 -E1(b) of the Zoning Ordinance in order to permit
the construction of two new right -in, right -out driveways, one on Oak Brook Road
(31St Street) and one on York Road.
Initially, the Church also requested approval to increase the size of the special use
area to include the property known as 3306 York Road. However, in consideration of
issues identified by the surrounding residents, the applicant withdrew that portion of
their request.
The requested variation to Section 13- 12- 3 -E1(b) is necessary to accommodate the
width of the proposed right -in, right -out driveways. The applicant is requesting a
minimum driveway width of 73 feet (DuPage County standard) versus Oak Brook's
maximum width of 44 feet. The requested variation to Section 13- 12 -3 -E4 is
necessary to reduce the required spacing between a new right -in, right -out driveway
on York Road with an existing full access driveway on York Road to 250 feet versus
Oak Brook's standard of approximately 400 feet for the Christ Church parcel. They
will abandon the existing driveway at 3202 York Road.
VILLAGE OF OAK BROOK Minutes Page 5 of 21 April 11, 2006
8. B. Oak Brook Road (31St Street) and York Road are under the jurisdiction of the DuPage
County Division of Transportation (DPC DOT) and grants final approval for the
installation of any new access to their roadway system. The applicant has submitted
information indicating that DuPage County Division of Transportation has approved
both of these access requests.
The applicant has also provided a detailed traffic study discussing the technical issues
and impacts related to the addition of two new accesses.
Recommendations
Special Use — By a vote of 6 to 0, the Zoning Board of Appeals concurred with the
findings of the Plan Commission, to recommend approval of the request to amend the
existing special use for the property at 501 Oak Brook Road to allow the construction
of the new right -in, right -out access points as proposed on Oak Brook Road and York
Road subject to the following conditions:
1. Approval of the requested variations;
2. To be constructed in substantial conformance with the plans submitted on page L
of the case file;
3. Final County approval;
4. Final Engineering approval;
5. Approval is subject to adequately addressing the following concerns:
a. Improvement of the appearance of landscaping adjacent to the right
in/right out access on Oak Brook Road that is across Lincoln Road and
adjacent to the right in/right out access adjacent to York Road;
b. Safety concerns that were raised about the right -in, right -out access on
York Road and the internal traffic flow on the property, which were
addressed at this hearing. If any further safety concerns or problems arise
they will be sufficiently addressed by the church and will communicate
with village staff, and
c. Sufficiently address proper signage for both right in/right out accesses.
Variations — By a vote of 6 to 0, the Zoning Board of Appeals recommends approval
of the variations as requested for the property at 501 Oak Brook Road to allow the
construction of the new right in/right out access points as proposed on Oak Brook
Road and York Road subject to the following conditions:
1. To be constructed in substantial conformance with the plans submitted on page L
of the case file;
2. Final County approval; and
3. Final Engineering approval
VILLAGE OF OAK BROOK Minutes Page 6 of 21 April 11, 2006
8. B. Trustee Sanford assured residents that had concerns about this location that because of
the Special Use status of this property there are many controls that would restrict what
can be done on the property.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the
recommendations from the Plan Commission and Zoning Board of Appeals and
approve the request to amend the existing site plan to include a new access on both
Oak Brook Road and York Road and authorize the Village Attorney to draft the
necessary ordinance for final consideration at the April 25, 2006 Board of Trustees
meeting. VOICE VOTE: Motion carried.
Motion by Trustee Sanford, seconded by Trustee Yusuf, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variations to Sections 13- 12 -3 -E4 and 13- 12 -3 -E 1(b) of the Zoning Ordinance in order
to permit the construction of a two new right -in, right -out driveways, one on Oak
Brook Road (31" Street) and one on York Road and authorize the Village Attorney to
draft the necessary ordinance for final consideration at the April 25, 2006 Board of
Trustees meeting. VOICE VOTE: Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING ORDINANCES 5 -1114 AND S -1148
RELATIVE TO THE PLAT OF ANNEXATION
The Board passed on February 13, 2006 Ordinance S -1148 which served to
correct the legal description for all of the Promenade /TIF ordinances passed in
2005. On March 17, 2006 a Revised and Corrected Plat of Annexation was
provided to the Engineering Department. Therefore, the Ordinance amends the
Plat of Annexation so that it can be filed with the DuPage County Clerk and
recorded at the DuPage County Recorder's office.
Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of
Ordinance S -11535 An Ordinance Amending Ordinances S -1114 and S -1148
Relative to the Plat of Annexation. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 7 of 21 April 11, 2006
9. C. AWARD OF CONTRACTS
1) FENCING OF SWIMMING FACILITY
Two sealed bids were received and opened on Friday, March 24, 2006.
Staff recommends the second alternate bid submitted by Peerless Fence Inc.
Master - Halco, Ameristar Fence Products is more reliable and has the shortest lead
time than the other fence products quoted. Staff has checked references for Ultra
Aluminum Fence Products (base bid) and Elite Fence Products (first alternate bid).
Ultra Aluminum and Elite Fence Products are not as reliable, have more failures
than the Master - Halco Product, and have long lead times. Staff has reviewed
references for Peerless Fence Inc. and is satisfied.
A survey done by IRMA found the swimming facility to have a "High Risk
Hazard" since the pools were not enclosed and secured by continuous fencing.
Also, the DuPage Health Department has consistently deducted points from
inspections in previous years for not meeting code on proper perimeter fencing.
Peerless Fence Inc will remove the small sections of existing fence and replace it
with a 5 ft continuous fence that encloses all the pools. Work will begin
immediately following award.
Motion by Trustee Craig, seconded by Trustee Aktipis, that the Village Board
award a contract, subject to staff review, to the lowest responsive and responsible
bidder, Peerless Fence Inc., West Chicago, Illinois in the amount of $27,473 for
Fencing of Swimming Facility as indicated in the bid tabulation. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
2) 2006 CRACK SEALING PROJECT
Three sealed bids were received and opened on Monday, March 27, 2006.
Prospective bidders were required to be IDOT prequalified for this work. The bid
received by Scodeller Construction is lower than the engineer's estimate by
$9,207.99. Scodeller was awarded the contract in the late 1990's and performed
adequately.
The contractor is responsible for providing any necessary traffic control to direct
motorists around the work zones for the 2006 Crack Sealing Project. Disruption
is minimal with this process. All work is scheduled to be completed by June 3,
2006. Trustee Craig noted that the bid came in under the budget for the project
by almost $3,000.
VILLAGE OF OAK BROOK Minutes Page 8 of 21 April 11, 2006
6. C. 2) Motion by Trustee Aktipis, seconded by Trustee Manofsky, that the Village Board
award a contract for the 2006 Crack Sealing Project to the lowest responsive and
responsible bidder, Scodeller Construction, Inc. South Lyon, Michigan, subject to
staff review and IDOT approval, based on unit prices as indicated on the attached
bid tabulation, for an estimated total project cost of $43,724.51. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
President Quinlan moved Agenda Item l O.B.1) to this time in the Agenda
10. B. ORDINANCES & RESOLUTIONS
1) A RESOLUTION ADOPTING THE 2006 LEGISLATIVE POSITIONS OF THE
DUPAGE MAYORS AND MANAGERS CONFERENCE
The Village has in the past adopted the legislative positions of the DuPage
Mayors and Managers Conference and the Illinois Municipal League (as
expressed in their respective legislative programs and in other legislative
positions taken in the course of the legislative session) as Village policy through
adoption of formal resolutions to that effect.
The motivation for this step was to provide guidance and clarity in those instances
when professional municipal employee associations, (e.g., fire chiefs, police
chiefs, public works) to which our Department Directors belong, adopt positions
on legislation that are contrary to the positions taken by the municipal
associations (e.g., DMMC and IML) to which their employer belongs. Although
not a frequent occurrence, these situations do arise from time to time.
Additionally, by adopting these positions, our area Legislators have knowledge as
to where Oak Brook stands on these matters.
In order to provide appropriate guidance to our Legislators and Village staff,
President Quinlan encouraged the Board to adopt the legislative positions
expressed by the DuPage Mayors and Managers Conference in its 2006
Legislative Action Program (LAP) and during the session via a resolution.
Motion by Trustee Aktipis, seconded by Trustee Sanford, to approve Resolution
941 Adopting the 2006 Legislative Positions of the DuPage Mayors and Managers
Conference. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 9 of 21 April 11, 2006
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) FIRE PENSION BOARD
Illinois Public Act 94 -0317 mandates the creation of a Board of Trustees of the
Firefighter's Pension Fund. The Firefighter's Pension Board shall consist of five
(5) members; two (2) shall be appointed by the President of the Village Board of
Trustees; two (2) members are to be active participants of the pension funds who
are elected by the members of the following and one member shall be a retired
member of the fund. President Quinlan recommended appointment of Darrell
Langlois, Village of Oak Brook Finance Director who has done an excellent job
of representing the Board of Trustees on the Pension Board.
Trustee Aktipis suggested a matter of procedure for future appointments to any
Board or Commission. He suggested that a subcommittee of the Board or the
entire Board in closed session review the qualifications of various candidates and
on the basis of a consensus the matter would be brought before the full Board for
a final vote. He added that he has no reservations about the appointment of the
two candidates for the Pension Board.
President Quinlan agreed that this is a procedure that had been agreed to by the
Board, but in this instance there was a legal requirement to make the
appointments by a particular date. He indicated that he had asked Trustee Yusuf
who is the liaison to Finance in addition to liaison to the Police and Fire
Departments and Trustee Craig who has had pension experience to review the
applications of the various candidates.
Trustee Craig commented on some recent indictments to members of pension
funds. He added that in his review of the candidates he was very impressed with
the appointee's credentials. Trustee Yusuf agreed with Trustee Craig's
comments.
Motion by Trustee Aktipis, seconded by Trustee Sanford, to concur with
President Quinlan's appointment of Darrell Langlois to the Firefighter's Pension
Board. VOICE VOTE: Motion carried.
Motion by Trustee Aktipis, seconded by Trustee Manofsky, to concur with
President Quinlan's appointment of Timothy Schlindwein to the Firefighter's
Pension Board. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 21 April 11, 2006
10. B. ORDINANCES & RESOLUTIONS
2) AN ORDINANCE AMENDING CHAPTER 2 (VEHICLES FOR HIRE) OF
TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
With the recent renewals of the 2006 -2007 Village of Oak Brook taxicab driver's
licenses and taxi inspections, we are requesting further amendments to Chapter 2
(Vehicles for Hire) of Title 4) Business and License Regulations) of the Village
Code to clarify the conduct necessary for an applicant to receive a Village of Oak
Brook taxicab driver's license and taxicab sticker. The appeal process for denial
of taxicab driver's license was also reinstated.
Motion by Trustee Craig, seconded by Trustee Yusuf, to approve Ordinance G-
802, An Ordinance Further Amending Chapter 2 (Vehicles for Hire) of Title 4
(Business and License Regulations) of the Village Code of the Village of Oak
Brook, Illinois. 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
1) REPLACEMENT SQUADS — STATE OF ILLINOIS JOINT PURCHASING
Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances and
Compiled Statutes, the Village is permitted to join with other governmental units
in order to benefit from cooperative purchasing arrangements.
Units 304, 305, 308, and 309 are Patrol Vehicles, Unit 301 is a Sgt. Supervisor
Vehicle, and Unit 300 is an Unmarked Investigation Division Vehicle.
The following tables indicate pricing received through a bid conducted by the
State of Illinois. The deadline for ordering is April 28, 2006.
Fnnr 7006 Fnrd Prawn Virtnriac
Replaces units
Landmark Ford
#304 — 2005 Crown Vic — marked
— 64,623 miles
(State of Illinois)
#305 — 2005 Crown Vic — marked
— 61,076 miles
#308 — 2005 Crown Vic — marked
— 44,564 miles
#309 — 2005 Crown Vic — marked
— 123,466
miles (mileage based on projected
trade -in date)
Base Price
$19,027.00
Delete Cruise Control
($120.00)
VILLAGE OF OAK BROOK Minutes Page 11 of 21 April 11, 2006
10.C.
1)
Delivery Charge
$150.00
Delete Rear Window Switches
$25.00
Power Seat (Drivers Side)
$360.00
Traction Control
$166.00
Heated Mirrors
$34.00
Engine Hour Meter
$174.00
Silicone Hoses
$315.00
Rear Lock Inoperable
$25.00
Cars Keyed Alike
$48.00
3.55 Limited Slip Disk Axle
$155.00
Side Air Bags
$271.00
Ballistic Door Panels
$23400.00
Color
Vibrant White
Interior
Charcoal Black
Total Per Vehicle
$23,030.00
Total for 4 Vehicles
$92,120.00
One 2006 Ford Crown Victoria
Replaces unit
#300 — 1996 Chevy Lumina — unmarked 66,627
miles (mileage based on projected trade -in date)
Landmark Ford
(State of Illinois)
Base Price
$19,027.00
Delete Cruise Control
($120.00)
Delivery Charge
$150.00
Delete Rear Window Switches
$25.00
Power Seat (Drivers Side)
$360.00
Traction Control
$166.00
Heated Mirrors
$34.00
Engine Hour Meter
$174.00
Silicone Hoses
$315.00
Rear Lock Inoperable
$25.00
Cars Keyed Alike
$48.00
3.55 Limited Slip Disk Axle
$155.00
Side Air Bags
$271.00
Ballistic Door Panels
$2,400.00
Street Appearance Group
$159.00
Color
Dark Blue
Interior
Charcoal Black
Total
$23,189.00
VILLAGE OF OAK BROOK Minutes Page 12 of 21 April 11, 2006
10. C. 1)
2006 Ford Expedition
Replaces unit
#301 — 2003 Ford Expedition — marked —
108,318 miles (mileage based on projected trade -
in date)
Bob Ridings, Inc.
(State of Illinois)
Base Price
$23,202.00
Ignition Override
$285.00
Extra Programmed Key
$75.00
Wig Wag Headlights
$185.00
Heated Mirrors
$84.00
Power Pedals
$118.00
Delivery Charge
$175.00
Vinyl 2 Id Row Seat
($94.00)
Running Boards
$434.00
Cloth Bucket Seats
$380.00
Color
Oxford White
Interior
Medium Flint Grey
Total
$245844.00
Grand Total (6 vehicles ) $1409 153.00
Delivery is expected approximately 90 days after receipt of order. The vehicles
being replaced will be sold through the June, 2006 DuPage Mayors & Managers
Conference Vehicle Auction (an ordinance to declare them surplus will be
presented prior to the auction).
Trustee Yusuf asked why the vehicle with only 44,000 miles was being replaced.
Village Manager Boehm responded that it was a vehicle that had been involved in
an accident and was totaled.
Motion by Trustee Yusuf, seconded by Trustee Sanford, that the Village Board
waive further bidding since the State of Illinois already conducted the bid process
and issue a purchase order to Landmark Ford, Taylor, Illinois for five 2006
Crown Victorias and one Ford Expedition in the amount of $140,153. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None
Absent: 0 - None. Motion carried.
D. PUBLIC WORKS CONSTRUCTION STANDARDS
The Village Board approved Ordinance 1999- PW- CR -EXI -S -946 on July 13, 1999
adopting the first Public Works Construction Standards to establish uniform policies
VILLAGE OF OAK BROOK Minutes Page 13 of 21 April 11, 2006
10.D. concerning requirements for and procedures regarding construction standards in the
Village. Staff has been working on the first revision for several years and started
discussion at the Board meeting of February 27, 2006 of one particular section
dealing with objects within the right -of -way. At that meeting, the Board directed
staff to re -fine the issue, bring it back to the Board for further review and forwarding
to the Plan Commission for a public meeting.
Since the objects within the right -of -way is the only contentious item within the
update, staff has temporarily deleted it from the update and wishes to proceed with
the strictly mundane items. The following is a brief synopsis of these various
suggested revisions:
1. Each page is now numbered sequentially for easy reference.
2. Code section references have been updated to reflect the new Title configuration.
3. The "Placement of Objects in Parkways" section (pages 2 -4) is left blank until
further Board direction.
4. A new "Residential Driveways" section (page 15) has been added.
5. A new section entitled "Stormwater System" has been added (pages 17 - 20).
This section refers, among other things, to the conventional detention lake section
that has been in the Standards but also adds a new "Naturalized Lake Shoreline
Section" that deals with bio- engineering practices that improves water quality and
aims at reducing geese.
6. The "Utilities" section (pages 25 -27) adds a statement regarding underground
utility preference over aboveground and standards when in close proximity with a
water main.
7. Within the Water System Specific Standards (page 28), language has been revised
to state that dead -end water mains "shall" not be constructed as opposed to the
previous "should ". Dead -end water mains are problematic in that they usually do
not have sufficient flow to keep the water fresh and the Public Works Department
must flush them on a regular schedule, requiring manpower that could be better
spent elsewhere. In those cases where a hardship exists or the Village wishes to
grant an exception, a variation process would be used.
8. The "Subdivision Water Main Construction" section has updated material
specifications.
9. Other minor revisions of a technical nature have been made.
VILLAGE OF OAK BROOK Minutes Page 14 of 21 April 11, 2006
IO.D. Motion by Trustee Aktipis, seconded by Trustee Sanford, to direct the Village
Attorney to draft an ordinance approving an update to the Public Works Construction
Standards without the "Objects within Parkways" section, which will be a separate
action item. VOICE VOTE: Motion carried.
E. NEPOTISM
Trustee Manofsky has requested a revision to section 7.09(b) "Employment of
Relatives" contained in the Village of Oak Brook Personnel Manual. The current
policy reads as follows:
"Except with the approval of the Village Manager, it shall be the policy of the
Village of Oak Brook not to employ relatives of any elected Village official,
member of any Village Board or Commission, the Village Manager, department
heads, or Village employees within the same office, department or division."
Trustee Manofsky stated that her goal in introducing this policy change was to help
further transparency in the hiring process. She felt that all job seekers should begin
with a level playing field. Her opinion is that nepotism denotes political favoritism,
elitism and pay back for favors rendered or expected. She believes that any job
openings available should be duly posted within the Village Hall and then advertised
outside. She felt that since we live in one of the largest metropolitan areas in the
nation, presuming that there are about four to five million people within a forty
minute drive, that it is not necessary to keep dipping into the same well. Her concern
is for where allegiances might fall, agendas of which the Village has no knowledge.
She emphasized that the policy would take effect from this day forward. She did
agree with Manager Boehm's concern for seasonal employees and would not have a
problem excluding that category.
She provided copies of policies from approximately ten municipalities contiguous to
Oak Brook that she contacted.
Village Attorney Kubiesa made a suggested change to our policy as outlined in his
memorandum of January 30, 2006. After considering the attorney's recommendation
and following further research of other communities Trustee Manofsky suggested, in
a March 24, 2004 memo to the Board, the following language:
"After adoption of this policy, no person shall be hired or appointed by the
Village to any office, position, employment, employment contract or duty for
which the salary, wages, pay or compensation is to be paid out of public funds, if
that person is part of the immediate family of any public officer or employee.
For purposes of this section, immediate family shall include spouse, mother,
father, sister, brother, son, daughter, mother -in -law, father -in -law, brother -in-
law, sister -in -law, grandmother, grandfather, grandson, granddaughter, uncle,
aunt, niece, nephew and first cousin."
VILLAGE OF OAK BROOK Minutes Page 15 of 21 April 11, 2006
10. E. Some additional information has been assembled for the purpose of providing the
Board information for its deliberation on this topic. A copy of a June 4, 2001 Crain's
Chicago Business article on this subject has been attached. In addition the
employment of relative's policy from the law firm of Seyfarth Shaw, as amended for
municipal use, is as follows:
Employment of Relatives/Domestic Partners /Significant Others
The employment of relatives /domestic partners /significant others in the Village
may create the potential for serious conflicts, favoritism and adverse employee
morale. In addition, personal issues from outside the workplace may be carried
into day -to -day working relationships. It is for this reason that candidates who
have a relative /domestic partner /significant other currently employed are not
eligible for employment unless such a restriction is prohibited by applicable law.
In the event that employees become related, domestic partners or significant
others subsequent to hire, such persons may not:
• Report to or supervise another relative /domestic partner /significant other,
either directly or indirectly.
• Work in positions where such a person has access to sensitive information
regarding relatives, domestic partners or significant others.
While the Village will attempt to find a comparable or suitable position for
such employees, the Village has no obligation to create a new position or make
significant changes to achieve this result.
For the purposes of this policy, relatives are defined to include spouses,
parents, children, brothers, sisters, brothers- and sisters -in -law, fathers- and
mothers -in -law, sons- and daughters -in -law, stepparents, stepbrothers,
stepsisters, and stepchildren. The terms "domestic partner" and "significant
other" apply to individuals who are not legally related but whose relationship
with the employee is similar to that of persons who are related by marriage.
Trustee Yusuf had concerns about including first cousins and adding an option to
hire individuals that may fall into these categories with the approval of the Board
of Trustees. President Quinlan had concerns using the term "appointment ".
Village Attorney agreed because of statutory concerns.
Trustee Sanford agreed with the issue of posting and advertising for any position,
but has some concerns for discounting qualified individuals because of familial
status and would like to move slowly on making such changes.
Manager Boehm also addressed the issue of possible discrimination by having a
very stringent policy that is so restrictive.
VILLAGE OF OAK BROOK Minutes Page 16 of 21 April 11, 2006
10.
E. Trustee Kennedy expressed his concern about excluding qualified individuals from
a position in the Village of Oak Brook because they have a relative working for the
Village. He did not believe that there was anything wrong with having related
people work for the same village or company. His only concerns would be for
situations where a related individual would be supervising a relative or where a
relative would have access to sensitive employment records. He felt that any
policy must have a safety valve that allows in certain situations the ability to make
exceptions.
Trustee Aktipis indicated that in every decision that the Board makes, there are
competing public interests. The public interest of preventing nepotism clearly
overshadows the possibility of exemption some qualified individual from
employment by the Village
Trustee Yusuf called the question.
Motion by Trustee Aktipis, seconded by Trustee Manofsky, to amend Section
7.09(b) of the Village of Oak Brook Personnel Manual stating "After adoption of
this policy, no person shall be hired by the Village to any position, employment,
employment contract or duty for which the salary, wages, pay or compensation is
to be paid out of public funds, if that person is part of the immediate family of any
public officer or employee. For purposes of this section, immediate family shall
include spouse, mother, father, sister, brother, son, daughter, mother -in -law,
father -in -law, brother -in -law, sister -in -law, grandmother, grandfather, grandson,
granddaughter, uncle, aunt, niece, nephew and first cousin. Seasonal workers will
be exempt, but the Village Manager must notify the Village Board of these
exemptions." ROLL CALL VOTE:
Ayes: 3 - Trustees Aktipis, Craig and Manofsky.
Nays: 4 — Trustees Kennedy, Sanford, Yusuf and President Quinlan.
Absent: 0 - None. Motion carried.
The Village Attorney was asked to provide a policy or ordinance that would fit the
needs of the Village based on the input from this discussion.
F. DISCUSSION OF PENSION ACTUARIAL STUDY
An actuarial study of the Police Pension Fund and Firefighters' Pension Fund is
performed annually in order to monitor the funding progress of the two funds as well
as determining the Village's contribution for the coming year. Since it is in both the
Village's interest and the two pension fund's interest that these studies be performed,
50% of the cost of each study is paid for by the Village and 50% is paid for by the
respective pension fund. For approximately the last 10 years the actuarial studies
have been performed by Timothy W. Sharpe, Actuary.
VILLAGE OF OAK BROOK Minutes Page 17 of 21 April 11, 2006
10. F. The actuarial study process begins with the Finance Department providing the
actuary with participant salary, contribution, and service credit data. From there, the
actuary calculates various scenarios based on prior actuarial assumptions as well as
what the impact would be for various changes in actuarial assumptions. The actuary
then attends a meeting with each respective Pension Board where the preliminary
results and various changes in actuarial assumptions are discussed. Based on the
direction given at the meeting, the actuarial studies are completed and then approved
by each Pension Board. Once approved, a funding request is forwarded to the
Village Board (ultimately responsible for both the actuarial study as well ad funding
the pension programs).
When meeting with the pension boards, the two major assumptions discussed are the
salary increase assumption and the interest rate assumption, with the interest rate
assumption having the greatest impact on the Village's funding level and contribution
amount. When setting the interest rate assumption, the higher the assumed interest
rate results in a greater funded percentage and a lower current cost to the Village
since it assumes that interest will fund a greater percentage of the cost of the pension
(employer and employee contribution fund the remainder).
For the 2005 studies, both the Police Pension Fund and Firefighters' Pension Fund
used an interest rate assumption of 7.5 %. For the last several years, however, the
interest rate assumption has been a significant issue with several Police Pension Fund
board members. In the late 1990's, when the stock market kept setting all -time highs,
a 7.5% interest rate assumption seemed quite achievable. Beginning in 2000,
however, the large declines in the stock market coupled with near all -time lows for
interest rates (the 90 -day Treasury Bill rate fell below 1% in 2003) made it difficult to
expect a long term return of 7.5 %, even if the stock market returns return to historical
averages of approximately 10 %. After experiencing four consecutive years of returns
below 7.5% (1999- 2002), in 2003 the Police Pension Board requested and the Village
Board concurred with a decrease in the interest rate assumption to 7.25 %.
In 2003 and 2004, after the investment return assumption was reduced, the stock and
bond markets enjoyed a rebound. For 2003, the overall investment return for the
Police Pension Fund was 12.14% and in 2004 it was 8.03 %. Since the investment
returns for these two years was over the 7.25% actuarial rate at that time, the Police
Pension Board recommended and the Village Board approved increasing the actuarial
interest rate to back to 7.5% for the 2005 valuation.
Now that the 2005 results are in and the actual 2005 return was 4.77 %, the Police
Pension Board is recommending returning to an interest rate assumption of 7.25 %.
As indicated on Exhibit 1, the impact of a 0.25% reduction in the interest rate is
significant. If the interest rate is reduced, the Village's funded percentage would be
reduced from 86.3% to 83.8 %, the unfunded liability would increase by $847,804, the
Village's contribution as a percentage of payroll would increase from 18.59% to
21.06% (17.75% was used in the budget), and the Village's estimated contribution
VILLAGE OF OAK BROOK Minutes Page 18 of 21 April 11, 2006
10. $ F. would be approximately $74,000 higher than if no change was made. Also, the
Village would now be using different rates (7.25% for Police and 7.50% for Fire) for
funds that have a nearly identical investment allocation.
When setting the interest rate assumption, the actuarial study should consider the long
term nature of the Pension Fund, should consider long term investment performance,
and should avoid reacting too much to positive or negative data that has been
experienced for only one or two years. The following is information the Village
Board may wish to consider in making this determination:
Historical Investment Performance - Exhibit 2 shows the eight year average
investment performance at 6.11% since Oak Brook Bank began managing the
assets in 1998. When considering this table, it should be noted that legislation
increasing the limit for equity investments from 10% to 45% did not happen until
1999. Thus, when the equity investment returns were strong during 1998 and 1999
the Fund only had about 10% of it's assets in equities. On the other hand, when
the stock market declined in 2000 -2002, the fund had between 25% and 30% of
it's assets in equities. If a consistent stock /bond allocation could have been used,
investment performance would have been better.
• Past Index Performance - Exhibit 3 was prepared by Oak Brook Bank in order to
demonstrate what the index performance would have been over a 1, 3, 5, 7 and 10
year period assuming consistent equity /fixed income allocations. This was done to
offset the effects of not having ten years of historical data and not having a
consistent equity /fixed income allocation due to the change in State Statutes in
1999. The Police Pension Fund's investment policy provides for a limit of 45% on
equity investments, and on December 31, 2005 the Fund had 42% in equity
investments. As this table indicates, the ten year return data for a 35% and 45%
equity allocation both exceed the 7.50% assumption used in the prior actuarial
study. However, the return data for the 5 and 7 year period is substantially below
the 7.50% actuarial rate. It is the 5 and 7 year data that give several Police Pension
Board members their biggest concern.
• What are other pension funds using? In the Police and Fire Pension Fund
universe, most have similar equity /fixed income investment allocations and by law
all are limited to a maximum of 45% in equity investments. Exhibit 4 is a survey
done of 45 area pension funds and indicates that the investment return assumption
for these funds ranged from 7.00% to 8.25 %; the average investment return
assumption was 7.41%; and 30 of the 45 funds survey used an investment return
assumption equal to or greater than 7.50 %.
• Future expectations- despite some statistics based on historical data that indicate
that 7.5% may be appropriate, a Police Pension Board member is concerned about
the economy going forward as indicated by this comment: "The post 9/11 world
environment is a different world from what we have experienced in the past. A
VILLAGE OF OAK BROOK Minutes Page 19 of 21 April 11, 2006
10. F. world of terrorism, expensive energy costs, competition from new emerging
economies such as China and a continuing decline in hard good production in the
United States should be taken into consideration in determining future rates of
returns expected from our investments."
No matter what interest rate is used, it is likely that the actual investment returns will
vary widely. The varying returns end up impacting the Village's unfunded liability.
By state law the Village's unfunded liability is amortized as a percent of payroll to
2033. Since the biggest concern in setting an interest rate assumption is setting the
rate too high, it is likely that in down market either 7.5% or 7.25% would both be too
high. If the Village does not change the investment return assumption and
investment returns are below 7.5 %, this would result in a higher unfunded liability
and thus the amortization payment in future would be greater. By lowering the
investment return assumption, the Village's would be paying an additional $74,000
today and in bad markets the amortization payment would be less in future years, but
it would take until 2033 to even out the $74,000. In a good investment market,
lowering the interest rate assumption and having returns in excess of the assumed rate
would result in lower amortization payments in future years.
Timothy Sharpe, the Village's actuary, was in attendance at the Board meeting and
explained the actuarial process and interest rate assumptions used by other
jurisdictions.
Trustee Kennedy felt that the Board should follow the recommendation of the Police
Pension Fund Board and take a more conservative position. Trustee Aktipis agreed
with Trustee Kennedy. Trustees asked questions of the actuary to help them
determine which direction they would vote for.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, that the Village Board direct
the actuary to complete the 2006 actuarial study using an interest rate assumption of
7.50 %, which is unchanged from the prior study. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Manofsky, Sanford and Yusuf.
Nays: 1 - Trustee Kennedy.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — President Quinlan reminded residents to take advantage of
of the early bird special members rates at the Bath & Tennis Club. He also reported
that wedding bookings at the Bath & Tennis Club were way above budget.
B. VILLAGE MANAGER — Village Manager Boehm announced that there was a job
description for a Media Consultant posted on the website
VILLAGE OF OAK BROOK Minutes Page 20 of 21 April 11, 2006
11. C. VILLAGE CLERK — Clerk Gonnella reported that there were four precincts voting at
the Village Hall for the March 21St primary and that 146 residents voted in the
primary which was a good turnout for a primary election.
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 (2c 11)
Motion by Trustee Craig, seconded by Trustee Aktipis, to adjourn to Closed Meeting at
9:04 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 Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 9:22 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 April 11, 2006