Minutes - 05/09/2006 - Board of TrusteesMINUTES OF THE MAY 9, 2006 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON MAY 23, 2006.
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 7:32
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 John W. Craig, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf.
ABSENT: Trustee Stelios Aktipis.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Kenneth T. Kubiesa, Village Attorney; Robert L.
Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr.,
Village Engineer and Thomas Sheahan, Chief of Police.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan asked for input from the Trustees regarding the appointment procedures
that the group had agreed upon. He indicated that the issue of re- appointment had not
been included in the discussions. He suggested that since the appointee had already been
vetted by the Board for the original appointment to the board or commission that rather
than going through the procedure of posting the position, collecting resumes and
interviewing individuals that the President offer the reappointment to the Board privately
and if the Board agrees the reappointment will be formally brought to the Board for
concurrence. He asked if there were any objections to this procedure. There were no
objections.
President Quinlan announced an opening on the Police Pension Board and asked for
applications from interested parties. He commented that it was an important position
since the decisions made by a pension board affect Village finances.
President Quinlan announced that the tree planting program for 31" Street between Route
83 and Jorie Boulevard had begun.
4. RESIDENT /VISITOR COMMENT —None presented.
VILLAGE OF OAK BROOK Minutes Pagel of 8 May 9, 2006
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 11, 2006 —
CONTINUED FROM APRIL 25, 2006
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the April 11, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 25, 2006
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the April 25, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Consent Agenda
and authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
A. Accounts Payable for Period Ending May 5, 2006 - $421,206.73
Significant Items included in Above:
1) Kubiesa, Spiroff, Gosselar & Acker — Legal Fees - $19,249.67
B. Approval of Payroll for Pay Period Ending April 22, 2006 - $685,955.97
C. Community Development Referrals
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Budget Adjustments
1) Public Works — Other Services
2) Bath & Tennis Club — Pool Management Fees
F. National League of Cities Membership Renewal
G. An Ordinance Authorizing the Sale by Public Auction of Personal Property Owned
by the Village of Oak Brook
H. Dana Park Subdivision — Reduction in Subdivision Security
7. ITEMS REMOVED FROM CONSENT AGENDA — None presented.
VILLAGE OF OAK BROOK Minutes Page 2 of 8 May 9, 2006
8. BOARD & COMMISSION RECOMMENDATIONS
A. VILLAS OF OAK BROOK SUBDIVISION — 2901 OAK BROOK ROAD — FINAL
PLAT OF SUBDIVISION AND VARIATION TO THE SUBDIVISION
REGULATIONS
At its meetings on March 20, 2006 and April 17, 2006, the Plan Commission
completed its review and deliberation on an application from Mr. Vito Falco, the
owner of the 4.69 acres at 2901 Oak Brook seeking approval of a final plat to create
four lots to be known as the Villas of Oak Brook Subdivision. This request
encompasses all of the land owned by Mr. Falco that was part of the approved Villas
of Oak Brook preliminary plat. A final plat for the west half of the original Villas of
Oak Brook preliminary plat was approved and is currently being developed as the
Dana Park Subdivision.
This subdivision results in the creation of four -lots, one of which will contain the
existing (Falco) home, two lots will accommodate new homes and one lot will
contain the private street.
As part of the request final plat, the applicant is also seeking approval of a variance to
Section 14 -6 -3 of the Subdivision Regulations for a private street (Villa View Drive)
without sidewalks.
Recommendation:
The Plan Commission by a vote of 7 to 0, recommended approval of the Final Plat of
Subdivision as revised, variations and waivers to the Subdivision Regulations as
requested, subject to the following conditions:
1. The revised plan is to include the 4 to 1 slope changes.
2. Address the issues contained in Village Engineer Durfey's memo on pages 9 -9.c of
the case file.
3. Final engineering approval.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to concur with the Plan
Commission recommendation to approve the final plat of subdivision and requested
variations and waivers to the Subdivision Regulations for the Villas of Oak Brook
located at 2901 Oak Brook Road and authorize the Village Attorney to prepare the
necessary resolution for adoption at the May 23, 2006 Village Board Meeting.
VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 3 of 8 May 9, 2006
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING THE PERSONNEL MANUAL OF THE
VILLAGE OF OAK BROOK, ILLINOIS — NEPOTISM POLICY
Motion by Trustee Kennedy, seconded by Trustee Yusuf, for reconsideration of a
Nepotism Policy discussed and denied at the April 11, 2006 Board of Trustees
Meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
The subject of hiring relatives of elected Village officials, board /commission
members, the Village Manager, department heads or Village employees, was
originally brought before the Board on April 11, 2006, in the attempt to revise
Section 7.09B (Employment of Relatives) of the Personnel Manual. After
lengthy discussion, the question was called and a motion was made to amend the
pertinent section as per a memorandum from Trustee Manofsky. The motion
failed and the Village Attorney, along with a representative from the prevailing
side, Trustee Kennedy, were then directed to provide a policy or ordinance which
would fit the needs of the Village, based on the input from the Board's
discussion.
Trustee Kennedy indicated that as a result of being asked to provide input to the
Village Attorney on a policy he did a great deal of research. He felt that there
was no problem in the Village with nepotism. He added that there were a few
instances of existing related employees, some of which became related by
marriage after they were employed by the Village. He reported that the Village's
procedures for hiring are very sophisticated. The process included posting
openings, an objective procedure for evaluating submitted resumes using panels
of "sub supervisor" employees of the Village and then a panel of Department
Directors who choose among the three finalists. He felt that it was a very
objective, sophisticated procedure. His opinion was that there were
circumstances that led to related employees and that it was not a negative
situation. He related that the ordinance presented did not adopt a broad
prohibition to related people. It basically provided that all employees will be
hired on the basis of merit, qualifications and suitability for the position based
upon standards and criteria established by the department heads and the Village
Manager; will not employ relatives of the eight elected officials, the Village
Manager, the Assistant Village Manager, Department Directors, anyone in the
VILLAGE OF OAK BROOK Minutes Page 4 of 8 May 9, 2006
9. B. 1) Village that has access to confidential personnel information or if the relative
would work within the same department. He added that exceptions could be
made under specific qualified circumstances if the Village Manager determined
that the related person was the most qualified person for the job and that the
employment of that person did not present an undue risk of inappropriate
supervision, evaluation or promotion of the relative or inappropriate access to
personnel information. He added that the Village Manager, if he decided to make
an exception, was required to report in writing to the Board explaining
justifications for the exception. In addition, if employees become related by
marriage after they are employed it required the Village Manager to make a
determination that the relationship did not present an undue risk of inappropriate
supervision, evaluation or promotion of the relative or inappropriate access to
personnel information. If the Village Manager determines that there was a risk,
he must either reassign one of the employees or put in place safeguards to make
sure that no improper activity occurs and he must report in writing to the Board
explaining those safeguards and justifications. Trustee Kennedy's personal
opinion was that this ordinance was a reasonable, measured, realistic approach
that addresses the issue of related employees.
Trustee Craig commented that he thought it should also include the issue of
relatives of elected officials on Village boards or commissions that deal with
personnel issues. Discussion ensued regarding issues of State Statutes and that in
those situations the Board of Trustees was the determining body thereby
providing oversight. It was also stated that this particular ordinance related to
personnel issues and the appointment issue was outside the scope of this
ordinance.
Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of
Ordinance S -1160, "An Ordinance Amending the Personnel Manual of the
Village of Oak Brook, Illinois" ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
C. AWARD OF CONTRACTS — None presented.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING CHAPTER 3 (SCAVENGERS) OF TITLE 4
(BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK, IL RELATIVE TO INSURANCE
REQUIREMENTS
VILLAGE OF OAK BROOK Minutes Page 5 of 8 May 9, 2006
10. B. 1) In December of 2005, the Village Board approved a staff recommendation drafted
by Attorney Kubiesa to remove the requirement for Additional Insured
Endorsement (AIE) by insurance carriers of individual taxi cab drivers and cab
companies in conjunction with our Taxi Cab Licensing Program in Oak Brook.
This recommendation was supported by IRMA in that it further established the
separation between the Village and the operations and actions of a licensed party
in the event that a claim was brought against the licensed party by a third party.
Assistant Village Manager Moline recommends that this same logic and resulting
recommendation applies to scavenger licensing by the Village. As with taxi cab
licensing, removal of the AIE does not reduce the requirement by the Village that
the licensed party maintain appropriate insurance coverage required to hold a
Village license, simply that the additional endorsement be removed to clarify that
there was a separation between the Village and the licensed party.
Motion by Trustee Sanford, seconded by Trustee Kennedy, for passage of
Ordinance G -803, An Ordinance Amending Chapter 3 (Scavengers) of Title 4
(Business and License Regulations) of the Village Code of the Village of Oak
Brook, Illinois Relative to Insurance Requirements. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
C. AWARD OF CONTRACTS
1) POLICE DEPARTMENT UNIFORMS AND EQUIPMENT
Kale Uniforms has agreed to again honor 2005 prices for police uniforms and
equipment for 2006. Kale has been the sole supplier of uniforms and equipment
for the Police Department for the past 7 years. The Police Department has built a
great working relationship with Kales and the service was outstanding. By
remaining with Kale Uniforms, the Village maintains uniformity and quality in
the uniforms and equipment that were issued to our officers.
The last time the Village went out to bid for police uniforms and equipment was
2003. Kale Uniforms was the only bidder that submitted a responsive bid to the
Department's specifications. The second company that submitted a bid, Ray
O'Herron, did not meet our specifications. The Police Department is unaware of
any other supplier in the area that carries Oak Brook's police uniform
specifications.
This contract operates as a requirements contract. Orders are placed when and if
the Police Department has such needs. There is no requirement that the Village
purchase a set quantity (the Village retains the right to either increase or decrease
quantities at its' sole option). The Village also has the option to purchase the
police equipment through other sources in cases of emergency, if needed sooner
than it can be supplied by Kale Uniforms.
VILLAGE OF OAK BROOK Minutes Page 6 of 8 May 9, 2006
10. C. 1) This item was brought before the Board on March 8, 2005 and it was suggested
by Trustee Yusuf that staff look into Ray O'Herron's prices. This was done and
the results were that Kale Uniforms' price was still less by over $1,000.00. They
also did not carry all of the department's specified items (as Kale did) which
would require officers to visit both suppliers when being outfitted.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village board
waive bidding, due to sole source, and award a requirements contract for Police
Uniforms and Equipment to Kale Uniforms Inc, 1233 West Monroe Street,
Chicago, Illinois 60607. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — President Quinlan reported that the Beautification Steering
Committee had met and was working with Hitchcock Design Group who was
awarded the contract by this Board. He indicated that plans would be available by
the end of summer or beginning fall. He added that there would be a number of
public meetings which will be posted on our website. He encouraged participation in
these meetings.
He added that the contract for the revitalization project was being finalized and also
expected public meetings to start shortly.
B. VILLAGE MANAGER — Manager Boehm reported on the street lights over Salt
Creek that had been removed by the Du Page County Highway Department because
of damage by vehicles. The lights were redesigned to prevent damage and the
Highway Department went out to bid for the redesigned lights. There was only one
bidder whose cost was three and a half times the estimated expenditure, therefore the
Department was planning to go out for bid again.
He also reported that the Village had been notified about a television movie that was
being presented called Fatal Contact and was about bird flu in America. There has
been much publicity about bird flu and it was important to make note that this movie
was not a documentary of factual information but a movie for entertainment. He did
note that it highlighted that the United States did need to plan for such an event. He
also noted that there were plans in the works.
C. VILLAGE CLERK — No report was given.
VILLAGE OF OAK BROOK Minutes Page 7 of 8 May 9, 2006
12. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 7:59 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 8 of 8 May 9, 2006