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Minutes - 06/10/2008 - Board of Trustees (2)1. 2. 3 0 MINUTES OF THE JUNE 10, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 11, 2008. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Village Clerk Charlotte Pruss in the Samuel E. Dean Board Room of the Butler Government Center at 7:36 p.m. Clerk Pruss asked for a motion to appoint a temporary chairman. Motion by Trustee Sanford, seconded by Trustee Kennedy, to appoint Kathryn Manofsky as temporary chairman. VOICE VOTE: Motion carried. The Pledge of Allegiance was given. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: President John W. Craig. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager; Marc DeLise, Police Lieutenant and Trey VanDyke, Golf Club Manager. TEMPORARY CHAIRMAN'S OPENING COMMENTS — None presented RESIDENT /VISITOR COMMENT Resident Asif Yusuf addressed the Board of Trustees regarding temporary appointments. He distributed a copy of sections of 65ILCS 5 of the Illinois Municipal Code referencing the Board of Fire and Police Commissioners and Appointed Officers in all Municipalities. He pointed out that the lack of a vote appointing a recommended candidate to the Board of Fire and Police Commissioners and President Craig's temporary appointment of that candidate, although allowed by State Statute, could cast a cloud over proceedings. He admonished the Board and Village President that they needed to work together. VILLAGE OF OAK BROOK Minutes Page 1 of 8 REGULAR MEETING OF JUNE 10, 2008 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 13, 2008 Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of the May 13, 2008 Regular Board of Trustees Meeting as presented or amended. VOICE VOTE: Motion carried. 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 for Period Ending June 6, 2008 - $330,213.85 Significant Items included in Above: 1) Odelson & Sterk, Ltd. — Legal Services - April, 2008 - $27,971.20 2) Hervas, Condon & Bersani, P.C. — Legal Services — Disciplinary Matter - $8,606.24 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MAY 31, 2008 - $741,493.56 C. COMMUNITY DEVELOPMENT REFERRALS — None presented D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented E. BUDGET ADJUSTMENTS 1) Police Department — Vehicle Operation and Maintenance 2) Fire Department — Vehicle Operation and Maintenance 3) Public Works - Streets & Traffic — Vehicle Operation and Maintenance 4) Public Works — Snow Removal — Vehicle Operation and Maintenance 5) Public Works — Water Operations — Vehicle Operation and Maintenance F. ANNUAL CONTRIBUTION TO DUPAGE METROPOLITAN ENFORCEMENT GROUP The acronym DUMEG stands for DuPage Metropolitan Enforcement Group, and its primary purpose is effective law enforcement in connection with drug related crimes such as the sale, manufacture and /or possession of illegal drugs within DuPage County It will also assist local police departments on a 24 hour a day, 7 day a week basis with drug related violations. VILLAGE OF OAK BROOK Minutes Page 2 of 8 REGULAR MEETING OF JUNE 10, 2008 6. F. DUMEG started operations during October of 1985. It was made possible primarily through the combined efforts of the DuPage County Chief's of Police Association; the Illinois State Police; and the DuPage County Sheriff's Office. It services all communities with DuPage County and has proven to be a most effective and efficient way to combat the sale and distribution of illegal drugs. The annual contribution is based on department size. Each police department contributes $520 per sworn officer. The requested action was to authorize payment to DUMEG in the amount of $22,880.00 for the Village's annual contribution to DUMEG G. ORDINANCE G -861, AN ORDINANCE AMENDING CHAPTER 3 (GENERAL ZONING PROVISIONS) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO DEFINE AND REGULATE PORTABLE STORAGE UNITS At the May 27, 2008 meeting, the Village Attorney was directed to prepare an ordinance granting approval of a text amendment to the Zoning Ordinance relative to the placement of Portable Storage Units on private property. The requested action was for Passage of Ordinance G -861, An Ordinance Amending Chapter 3 (General Zoning Provisions) Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook To Define And Regulate Portable Storage Units Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented 8. BOARD & COMMISSION RECOMMENDATIONS — None presented 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS VILLAGE OF OAK BROOK Minutes Page 3 of 8 REGULAR MEETING OF JUNE 10, 2008 9. B. 1) ORDINANCE G -862, AN ORDINANCE AMENDING TITLE 1 (ADMINISTRATION) CHAPTER 10 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK — ETHICS The latest draft of the Ethics Ordinance includes newly drafted subsections L, M and N to Section 1 -10 -5. The new subsections provide exceptions to the food and beverage limitation in situations involving grand openings, open houses, seminars, civic events and similar activities. Trustee Kennedy offered a scrivener error for correction. He commented that he was very happy with the final product. Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of Ordinance G -862, An Ordinance amending Title 1 (Administration) Chapter 10 of the Village Code of the Village of Oak Brook — ethics. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS — None presented D. STRATEGIC PLAN FACILITATOR SERVICES Trustees Kennedy and Carson, Blaine Wing and Village Manager Niemeyer met to review the comments on the RFP for Strategic Plan Facilitator Services expressed at the last board meeting. Trustee Kennedy suggested several changes. Essentially, the plan will be to focus the strategic planning process on several "gap" areas that had not been addressed in previous strategic planning. These will include village services, organizational structure and staffing, revenue /financial issues, sports core mission and activities, residential neighborhoods and public safety issues. It will not include areas that had already been addressed by the Commercial Revitalization Task Force and the Beautification Committee. Also, per President Craig's suggestion, the RFP will be sent to universities in the area. Motion by Trustee Kennedy, seconded by Trustee Carson, for approval of the proposal to send out a Request for Proposal (RFP) for Strategic Plan Facilitator Services. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 4 of 8 REGULAR MEETING OF JUNE 10, 2008 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -860, AN ORDINANCE PROVIDING FOR THE CUTTING OF WEEDS AND OVERGROWN GRASS AND AMENDING SECTION 8 -4- 5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Over the past several years, both the Community Development and Public Works Departments have been fielding an increasing number of complaints for tall grass and weeds on private property. The Oak Brook Village Code now prohibits tall grass in excess of ten inches in height as well as noxious weeks. Currently, Community Development enforces the regulations covering tall grass while Public Works enforces the regulations for noxious weeks. Public Works also has the ability to now lien a property if noxious weeds are not removed in a timely manner. j Relative to the issue of tall grass, most property owners keep their parcels in compliance with the Village regulations. However, in some situation s, because a property may be held in the name of a bank or trust, or is owned by a non- ! responsive absentee owner, the tall grass can grow for a number of months before staff can find the right person who can address the problem. To become more responsive to the tall grass issue, staff is recommending that the ability to place a lien on a property that is now in place for noxious weeds be extended to tall grass. In addition, staff is recommending that the enforcement or regulations for tall grass and noxious weeks be moved to the Community Development Department. Trustees Kennedy and Wolin suggested that the ordinance be amended to reduce the height to 8" instead of 10 ". Trustee Wolin also suggested that in the future a lower height be considered. He would suggest 5 ". Motion by Trustee Kennedy, seconded by Trustee Wolin, for passage of Ordinance G -860, An Ordinance Providing For The Cutting Of Weeds And Overgrown Grass And Amending Section 8 -4 -5 Of The Village Code Of The Village Of Oak Brook as amended. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 8 REGULAR MEETING OF JUNE 10, 2008 10. B. 2) ORDINANCE S -1236, AN ORDINANCE AMENDING THE 2008 BUDGET The Garage Fund is one of three internal service funds utilized by the Village. There is only one budget program in this fund, Program 341 - Garage Operations. This program is used to account for all of the costs associated with the operation and maintenance of the Village's vehicular fleet. For 2008, the total budget for this program is $588,160 of which fuel, parts, and outside repairs amount to $324,860 or 55% of the total. As an internal service fund, the total program costs are charged back to 21 budget programs in the General Corporate Fund, Infrastructure Fund, and Water Fund. In the last 18 -24 months there has been significant escalation in the price of fuel. In addition, the Village has encountered a rise in the numbers of large repairs. In the recently completed 2007 year, these two factors resulted in nearly depleting the fund balance of the Garage Fund, and for 2008 the amount charged back to the operating departments was increased by $87,400 due to the increased costs. From the time the 2008 Budget was completed until now the Village has experienced continued increases in the price of fuel as well a several additional major repairs. A memorandum from Mike Meranda on this subject, and based on current pricing it is expected that the line item for gas and oil will exceed budget by $104,000 and the account for vehicle maintenance will exceed budget by $65,000. Thus, the total expected budget variance is $169,000. The "mechanics" of adjusting the budget in this case are a little complicated and has to be done in two parts. In most cases, in order to address a budget variance funds are transferred from one account or program to another. These transfers, however, are limited to accounts and programs within a single fund. As previously mentioned, since Program 341 - Garage Operations is the only budget program in the Garage Fund, there are no other budget program to transfer funds from. Thus, the first part of the adjustment requires adoption of the attached ordinance amending the 2008 Budget by increasing the spending authority in account 341 - 6030 -Gas & Oil by $104,000 to $309,460 and account 341-7160 - Maitenance Vehicles by $65,000 to $184,400. As previously noted, the fund balance in this program has been depleted and 2008 chargebacks to the operating departments are not sufficient to accommodate these additional expenditures. Thus, in order to fund an additional $169,000 of expenditures, the second adjustment requires increasing the budget amount for the chargebacks to the using departments. The adjustment required is based on fuel usage and maintenance history and is allocated in the following manner: VILLAGE OF OAK BROOK Minutes Page 6 of 8 REGULAR MEETING OF JUNE 10, 2008 10. B. 2) Police (General Fund) $55,000 Fire(General Fund) $34,000 Public Works (Water Fund) $18,000 Public Works (Infrastructure Fund)$62,000 On the consent agenda for this meeting are four separate budget transfer forms that transfer funds to the various Vehicle Operation & Maintenance accounts. These are line item transfers and do not increase budget authorized spending in any of the funds noted above. It needs to be emphasized, however, that by doing these budget transfers, the high costs of these two items impact the operating departments and funds of the Village in that in order to fund these transfers staff has had to re- prioritize projects and take funds from alternative items. If the ordinance is approved, an additional $169,000 will be transferred to the Garage Fund. Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of Ordinance 2008 -BU -S -1236, An Ordinance Amending the 2008 Budget. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS — None presented D. REGIONAL BIKE TRAIL — SALT CREEK GREENWAY TRAIL AMENDMENT TO THE IDNR GRANT AGREEMENT The Village Board has approved the Illinois Department of Natural Resources Project Agreement with several extended expiration dates due to excessive delays by various parties and issues. The current expiration date is June 30, 2008. However additional delays caused by the significant cost increase in the bids which necessitated bundling both the north and south DuPage grant segments into just the south segment with an anticipated construction completion of mid -July, 2008. Since the project is now moving forward an amendment to the Project Agreement has been completed which extends the expiration date to June 30, 2010. Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board approve and authorize the Village President to sign the Illinois Department of Natural Resources amendment to Project Agreement for the Regional Bike Trail -Salt Creek Greenway Trail. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 7 of 8 REGULAR MEETING OF JUNE 10, 2008 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT Temporary Chairman Manofsky announced the Independence Day Celebration which is part of the Village's 50th Anniversary and will include vendors in a "Taste of Oak Brook" event. There will be events for children, door prizes and an "All Butler Junior High Reunion" B. VILLAGE MANAGER Manager Niemeyer did add that McDonalds Corporation is the sponsor of this event. He also announced that President Craig will be holding a Town Hall Meeting at the Oak Brook Bath & Tennis Club on Thursday, June 26, 2008 at 7:00 p.m. which will focus on the future of the Mayslake Property and a proposal for a field house on the Sports Core Property. C. VILLAGE CLERK Clerk Pruss reminded residents of the Wednesday Luncheon Buffets at the Bath & Tennis Clubhouse. 12. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 8:05 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 8 of 8 REGULAR MEETING OF JUNE 10, 2008