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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