Minutes - 05/11/2004 - Board of TrusteesMINUTES OF THE MAY 11, 2004 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON MAY 25, 2004.
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:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel,
John W. Craig, Susan Chase Korin and Elaine Zannis.
ABSENT: None.
Trustee Asif Yusuf arrived at 7:40 p.m.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff,
Director of Information Services & Purchasing; Kenneth T. Kubiesa,
Village Attorney; Sue Madorin, Interim Library Director; Nelson Patras,
Interim Bath & Tennis Club Manager and Trey VanDyke, Golf Club
Manager.
3. RESIDENTNISITOR COMMENT
President Quinlan announced that the Oak Brook Bath & Tennis Club early bird
membership rates will end May 15th and the hours will be extended that day to
accommodate the public.
4. APPROVAL OF MINUTES:
Regular Board of Trustees Meeting of April 27, 2004
Motion by Trustee Atkipis, seconded by Trustee Korin, to approve the minutes of the
April 27, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
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President Quinlan asked that Item 5. I, Water Service Request for Proposed Condominium
Development- Northeast Corner of York Road and I -88 be removed from the Consent
Agenda for discussion.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Yusu£ Motion carried.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING MAY 7, 2004 - $258,850.076
Significant Items included in Above: None
B. APPROVAL OF PAYROLL - None.
C. COMMUNITY DEVELOPMENT REFERRALS - None.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS -None.
E. WAIVER OF FEES — CHRIST CHURCH
F. ORDINANCE 2004- ZO -V -S -1069. AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) OF TITLE 13 ( "ZONING
REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS — VINCI-
3025 LINCOLN ROAD
G. ORDINANCE 2004- ZO -SU -S -1070, AN ORDINANCE GRANTING A SPECIAL
USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA
ADJACENT TO A RESTAURANT — 1415 -1515 WEST 22ND STREET
H. ORDINANCE 2004 -PP -S -1071, AN ORDINANCE AUTHORIZING THE SALE
OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK
BROOK — SURPLUS VEHICLES
ITEMS REMOVED FROM CONSENT AGENDA:
5.1.
WATER SERVICE REQUEST FOR PROPOSED CONDOMINIUM
DEVELOPMENT- NORTHEAST CORNER OF YORK ROAD AND I -88
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Page 2 of 9 May 11, 2004
6. 5. I.
President Quinlan asked that Agenda Item 5. I., Water Service Request for Proposed
Condominium Development- Northeast Corner of York Road and I -88 be discussed
considering the overall impact of this request on the Village's water system. He asked for
approval from the Board for the current petitioner to address the Board.
Tom Heuer of Heuer and Associates Consulting Engineers, who is working with the
developer on this residential development gave a brief presentation of the proposal of this
project on approximately seven acres of property at the corner of York Road and I -88.
The project would consist of 88 residential units that would require water from the
Village. They would also ultimately seek annexation into Oak Brook upon completion.
Village Manager Boehm explained the need to review this further for consideration of any
impact of water service outside the certificated area.
Motion by Trustee Craig, seconded by Trustee Zannis, to continue this agenda item,
Water Service Request for Condominium Development- Northeast Corner of York Road
and I -88, at such time that the Public Works staff has fully assessed the impact to the
Village's water service. VOICE VOTE. Motion carried.
It is noted for the record that Trustee Asif Yusuf is in attendance of the meeting.
7. BOARD & COMMISSION RECOMMENDATIONS: - None.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS - None.
C. AWARD OF CONTRACTS
1) GOLF CAR REPLACEMENT
The Village Board, at its April 13, 2004 meeting, rejected all bids received at the
March 24th bid opening on the basis that the specifications contained in the bid
documents did not clearly set a minimum standard. The Board also authorized
rebidding of these golf cars. Two bids were received and opened on May 6, 2004.
Staff contacted the lowest responsive and responsible bidder and negotiated a
lower interest rate (reducing their bid by $140.00 per year).
Motion by Trustee Craig, seconded by Trustee Zannis, that the Village Board
award a contract for Golf Car Replacement to the lowest responsive and
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8. C. 1)
responsible bidder, Harris Motor Sports, 590 Heartland Drive, Sugar Grove,
Illinois, subject to staff review, for a not to exceed annual cost of $4,270.00 and a
four -year not to exceed total cost of $17,080.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) INDEPENDENCE DAY CELEBRATION — CATERERS/NOVELTY
CONCESSIONS
President Quinlan acknowledged Interim Bath & Tennis Club Director Patras and
the Sports Core staff for their tremendous efforts in considering the options for the
Village's Independence Day Celebration.
Pursuant to the direction give staff by the Village Board at their Meeting on April
27, 2004, Village Staff has been researching two options for the operations of the
Independence Day Celebration 2004. The two options include: 1) Award of
Contract to RB Enterprises for the Concessions, Field Preparation and Clean -up;
or 2) Internalize operations for 2004 and direct Village Staff to facilitate
concessions, and field set -up and take down.
Option 1) Award of Contract to RB Enterprises for the Concessions, Field
Preparation and Clean -up:
This option follows closely with the proposal drafted by RB Enterprises but has
been modified to include the additional elememts as reviewed by the Ad Hoc Bath
and Tennis Committee. This option includes RB Enterprises acting as
Concessionaire and contracted to facilitate field preparation and clean -up
structured in the form of a Letter of Agreement between the two parties. Under
said agreement, the Concessionaire will rebate a set percentage of the food and
beverage and novelty sales to the Village and the Concessionaire shall receive a
Special Events Liquor License and as such, shall follow the requirements outlined
therein. In addition, the Village may include additional accounting provisions,
such as selling tickets for food and beverage purchases, which is being considered
as a standard operation with the new operations in place for the Bath and Tennis
Club 2004 Field and Event Operations.
Option 2) Internalize operations for 2004 and direct Village Staff to facilitate
concessions, and field set -up and take down. Staff has completed research on
pricing of food, beverages, ancillary equipment such as grills, corn roasters, reach -
in coolers, refrigeration trucks, and \or ice trucks, generators, portable lighting, and
field preparation materials including additional barracades, fencing, and caution
tape. The final element with direct costs that staff is in the process of completing
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8. C. 2) is determining availablity of existing staff, the relationship between available part-
time help, overtime costs for part-time, factoring opportunity cost and overtime for
salaried employees and balancing this with the addition of, or replacement
through, temporary staffing through outside agencies.
Option 3) Award of Contract to RB Enterprises for the Concessions, Field
Preparation and Clean -Up with the addition of required ticket sales at the event for
food and beverage purchases. This option mirrors Option 1 with the Village being
responsible for the following:
• The Village will provide for the complete sale of tickets to be used for
Beverages (Water, Soft Drinks and Liquor) and Food sales.
• Provide a Guaranteed Gross Revenue of $5,250.00 under the Agreement for
the event due to a perception of declining revenues due to the selling of tickets.
Finally, staff will also attempt to expound on some of the variables mentioned by
Mr. Rocke as direct risks to the success of the event. While as a government entity
some of the costs may be able to be absorbed through existing resources, some
costs may be compounded in the event of inclement weather, i.e., rental of
equipment based on a 24 hour event will need to be doubled to 48 hour rental to
secure against the possibility of rain, additional costs to retain temporary agency
help in the event of a rain delay should a minimum hour charge apply for the rain
day.
Trustee Zannis requested that the Board receive information of the annual
Village's Independence Day Celebration in a more timely manner as the Board
received this information in a very short period of time.
Motion by Trustee Zannis, seconded by Trustee Caleel, that the Independence Day
Celebration contracts, plans, procedures and policies be approved by the Board of
Trustees no later than January 15th of the subsequent year. VOICE VOTE:
Motion carried.
Trustee Zannis further requested that Trustees be made aware via the Village
Manager's memorandum as the Independence Day Celebration process evolves.
She indicated her support of Option 3 but asked that it be amended to increase the
Village's percentage to 20 %. She suggested that ticket sales could allow a type of
accounting and control system to insure the Village gets their fair share. She
suggested that having Village staff working the event would also give staff a better
decision next year of how to proceed.
Ray Rocke addressed the Board of the concept of ticket sales for only a two hour
operation. He expected with customers standing in line for tickets and then food
that there will be a loss of 50% of business.
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8. C. 2) Motion by Trustee Zannis, seconded by Trustee Korin, to award a contract to RB
Enterprises for the Concessions, Field Preparation and Clean -Up with the addition
of required ticket sales by Village Staff at the event for food and beverage
purchases with the amendment that the Village would receive a 20% commission
on goods sold. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis.
Nays: 1 — Trustee Yusuf.
Absent: 0 - None. Motion carried.
Ray Rocke asked to adjust pricing where feasible with the Village getting a 20%
commission. He will meet with Village staff to address the ticket sales. He
indicated that he will provide the best service possible but suggested that the ticket
sales will affect the sale of items.
9. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- GL -ST- ETHICS -G -748, AN ORDINANCE AMENDING
TITLE I (ADMINISTRATION)• CHAPTER 10 (STATE GIFT BAN ACT), OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO
IMPLEMENT THE PROVISIONS OF THE STATE OFFICIALS AND
EMPLOYEES ETHICS ACT (5ILCS 430/1 -1, ET SEQ.)
Recent state legislation was passed enacting a new "State Officials and
Employees Ethics Act" governing the conduct of State officials and employees
with respect to ethical conduct, political activities and the solicitation and
acceptance of gifts. The state legislation also requires all municipalities to adopt
an ordianance or resolution regulating the same for municipal officers and
employees. This ordinance brings the Village of Oak Brook into compliance with
the state legislation.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, that Ordinance 2004 -GL-
ST- ETHICS -G -748 be passed amending the Village Code by deleting the current
Chapter 10 of Title 1 of the Village Code and replacing it with a new Chapter 10
titled "State Officials and Employees Ethics Act ". ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
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9. B. 2) ORDINANCE 2004 -BS- SALES -RR -EXI -G -749, AN ORDINANCE
AMENDING TITLE 4 ( "BUSINESS AND LICENSE REGULATIONS ") TO
INCLUDE A NEW CHAPTER 9 ( "FRAUDULENT SALES ") IN THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK
The Community Development Department has requested that the Village Clerk
include licensing of Going Out of Business Sales within the Village of Oak
Brook. This new process prohibits fraudulent sales from occurring within the
Village of Oak Brook and defines the types of sales that may occur.
The Village Attorney has drafted an ordinance that requires a License to be
obtained from the Village Clerk to conduct a sale of goods via an insurance,
salvage, removal, going out of business, insolvent's, assigner's, or creditor's sale
of goods, or a sale of goods which have been damaged by fire, smoke, water or
otherwise within the Village of Oak Brook.
Motion by Trustee Zannis, seconded by Trustee Yusuf, for passage of Ordinance
2004 -BS- SALES -RR -EXI -G -749, An Ordinance Amending Title 4 ( "Business
and License Regulations ") to include a new Chapter 9 ( "Fraudulent Sales ") in the
Village Code of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. VOLUNTARY DISCLOSURE OF CERTAIN TAXES AND SETTLEMENT
REQUEST: AMERITECH ADVANCED DATA SERVICE OF ILLINOIS
(SUBSIDIARY OF SBC COMMUNICATIONS, INC.)
By way of a letter dated March 17, 2004, Ameritech Advanced Data Service (AADS)
of Illinois, Inc., a subsidiary of SBC Communications, Inc., informed the Village of
Oak Brook that they determined through the course of an internal audit that they
failed to remit taxes and fees due to the Village of Oak Brook, and many other similar
taxing bodies, as required under the Simplified Municipal Telecommunications Tax
Act, 35 ILCS 636/5 -1 et. seq..
As such, McDermott, Will and Emery, attorneys for AADS, have drafted a settlement
agreement that they are requesting the Village approve. The first document is a
Confidential Notice of Voluntary Disclosure of Tax Obligation. According to the
letter from Thomas H. Donahue, McDermott, Will & Emery dated March 17, 2004,
in compliance with the provisions of Section 75 of the local Government Taxpayers'
Bill of Rights Act (50ILCS 45/75) and as documented in the proposed settlement
VILLAGE OF OAK BROOK Minutes Page 7 of 9 May 11, 2004
9. D. agreement, AADS is requesting the Village acknowledge that AADS was responsible
but remiss in paying to the Village taxes and fees from March 1, 2000 to December
31, 2002 plus interest through April 30, 2004. In addition, the period from January 1,
2003 to November 30, 2003, and the period from December 1, 2003 to present, are
under review and/or being held by the Department of Revenue and are expected to be
distributed to the Village. The agreement represents that a payment for this first
period is $79,725.84, plus the respective interest.
Finally, the agreement sets the date of April 16, 2004 that AADS is looking for
approval or objection to the agreement. Kenneth Kubiesa, Village Attorney,
negotiated an additional 30 days to review the settlement agreement prior to advising
the Village on acting on the agreement. If the Village agrees to the terms prior to this
new date of May 14, 2004, an additional 2 months of interest will be paid to the
Village. If the Village fails to respond by said date, or if an audit is requested by the
Village, a lesser interest payment will accompany the taxes owed.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to Approve a Settlement
Agreement with Ameritech Advanced Data Services (AADS) of Illinois, Inc., a
subsidiary of SBC Communications, Inc., in the amount of $106,741.67 for Local
Telecommunication Taxes from March 1, 2000 through December 31, 2002 plus
interest through June 30, 2004, subject to approval by the Village Attorney. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktpis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT
President Quinlan stated the Board would go into a closed meeting and that there maybe
some action taken in open session. He recommended that the press may leave their
business cards and staff will contact them if any action is taken.
B. VILLAGE MANAGER
Manager Boehm thanked staff for the great amount of work creating the Independence
Day proposal and staff taking on the concession bid for the season. He also encouraged
the press to publicize the Bath & Tennis Club membership of our early bird specials that
will close on Saturday, May 15th. The hours have been extended from 9:00 a.m. to 4:00
p.m. to register memberships.
VILLAGE OF OAK BROOK Minutes Page 8 of 9 May 11, 2004
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C. VILLAGE CLERK
Clerk Gonnella noted that the Clerk's office has developed twenty -seven of the Village's
thirty -two liquor license renewal applications electronically which shortens staff time for
preparation and renewal processing.
11. ADJOURN TO CLOSED MEETING
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn at 8:23 p.m. to a Closed
Meeting to discuss minutes of meetings lawfully closed under the Open Meetings Act,
whether for the purpose of approval by the body of the minutes, or for semi - annual review
of the minutes as required by the Open Meetings Act, to consider litigation, when an
action against, affecting or on behalf of the Village has been filed and is pending before a
court or administrative tribunal, or when the public body finds that an action is probable
or imminent and to consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body. ROLL CALL VOTE:
Ayes: 6 - Trustees Atkipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
The Board of Trustees convened to the regular Board meeting at 9:57 p.m.
Motion by Trustee Craig, seconded by Trustee Zannis, to approve Police Chief Pisarek's
six month retirement package. ROLL CALL VOTE:
Ayes: 6 - Trustees Atkipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent:0 - None. Motion carried.
12. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting at 9:58 p.m.
VOICE VOTE: Motion carried.
ATTEST:
�o w�
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 9 of 9 May 11, 2004