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Minutes - 06/14/2005 - Board of TrusteesMINUTES OF THE JUNE 14, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 28, 2005. 1 CALL TO ORDER: President Quinlan introduced Dominic Annecca who spent the day as the acting Village President. As an act to participate with other local Boards, the Village donated President for the day as part of the fundraising efforts for School District 53. Dominic was the lucky winner. The Regular Meeting of the Village Board of Trustees, was called to order by Acting Village President Dominic Annecca in the Samuel E. Dean Board Room of the Butler Government Center at 7:35 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, John W Craig, Jeffrey J. Kennedy, Kathryn F. Manofsky and Robert G. Sanford. ABSENT: Trustee Asif Yusuf. IN ATTENDANCE: Richard Boehm, Village Manager; Kenneth Kubiesa, Village Attorney; Dale 'L. Durfey, Jr. Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Margaret Klinkow, Library Director; Darrell J. Langlois, Finance Director; Chief of Police Thomas Sheahan; Trey VanDyke, Golf Club Manager; Nelson Patras, Interim Bath & Tennis Club Manager; Fire Battalion Chief Thomas McEllin; Melissa Salazar, Chairman of the Library Commission and Actuary Timothy Sharpe. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan asked that Agenda Item 10. G., IDOT 22nd Street Maintenance Intergovernmental Agreement be removed from the agenda for further staff consideration. The Board concurred with Village President Quinlan to have this agenda item stricken from the agenda. 4. RESIDENT /VISITOR COMMENT- Resident Nettie Darby asked that the following steps be taken for the Board's consideration to the architectural landscape surrounding the Oak Brook Library: A committee formed with the attention to the Oak Brook Library landscape representative of Oak Brook people; at least two or three renderings of designs within a given budget submitted both to the committee and with the recognition of the Board of Trustees; VILLAGE OF OAK BROOK Minutes Page 1 of 29 June 14, 2005 4. attention to shade trees with outdoor seating; an achievement of profusion of color, texture, shades of tranquillity to soften the contemporary lines of the Library and the landscape should compliment all seasons. President Quinlan explained that there is an appointed Library Board by the Village President and approved by the Board of Trustees. There is representation by the residents in this Library Board and Chairman Melissa Salazar of that Board is in attendance of this meeting. Resident Susan Beard, a garden designer, addressed the Board of her concerns of the need of shade trees on the west side of the Library due to its harsh exposure. She suggested the first thing that should be done is proper soil preparation around the Library before landscaping is planted. She further suggested that the plant choices of Japanese maples are too fragile for the west side of the Library as well as other plantings and requested that the landscape plan be reviewed further for amendments. Resident Mary Lebbin asked that the landscape project be given to the Friends of the Library as they have spent years establishing the Library. She suggested that they be in charge of bid proposals for the landscape plan and then present their proposal to the Board of Trustees. President Quinlan stressed again that the Library Board are all Oak Brook residents that have participated in this proposed landscape plan. Trustee Aktipis, liaison to the Oak Brook Library, suggested that the Village is trying to bring all parties together on this issue to resolve their differences. A meeting was held with both representations from the Friends of the Library and the Oak Brook Library Board in which progress was made to harmonize the different views on the landscape project. Resident John Craig addressed the Board of the fireworks event held in Oak Brook. He indicated that he has traveled throughout the suburbs and found that all of the suburbs that are sponsoring fireworks on Independence Day are trying to raise funds to offset the costs. Only once has the Village been able to offset the costs of this event. This evening the Board will be approving funds for the Independence Day fireworks and he requested that the Board should consider finding funds for this event next year. He then discussed the Library landscape project and he quoted from a resident Susan Templeton, "Who would want to sit outside and enjoy a book or a break in the sun on a concrete slab. There needs to be trees and shades. It would be wonderful to see the Library nestled in a little oasis within a vast space of the surrounding soccer fields. Before we waste taxpayer money on a project that will be an embarrassment to the Village, please ask the architects to refigure the draft to keep in line with the beauty of the Village. Perhaps we need a committee that oversees all landscaping and physical changes to municipal property in the Village. This will allow for a consistency in our image and utilize the expertise of individuals that VILLAGE OF OAK BROOK Minutes Page 2 of 29 June 14, 2005 4. understand how to make the best use of our Village assets." Before he votes tonight as a Trustee, he indicated that $23,000 is a lot of revenue and he is not ready to do that unless there are real plans. Mr. Craig then spoke about Village planning and suggested that there could be a great deal of development in Oak Brook such as high -end condominiums in Oak Brook as there are few opportunities to do that presently. Resident Richard Allison addressed the Board of the TIF issue. He spoke of the special meeting of Monday, June 91h wherein the tax increment financing proposal for the Oak Brook Promenade Development was discussed at length in which that the measure was approved with two Trustees recusing themselves. However at the regular meeting at the behest of Trustees Kennedy and Sanford the voting on the proposal by the developers was to be postponed until a professional independent audit was performed on the financial figures presented by the developer. The audit was to justify the developer's request for tax assistance from the Oak Brook citizens. He stated that it is inconceivable to him and fellow voters that the present Board and particularly the new members, who on numerous occasions said that they all had serious reservations concerning the TIF, issue. They mentioned loss income to the Village, taxing bodies and setting a precedent for other developers. He suggested that other developers who approach Oak Brook will now be asking for a TIF if there is any opportunity at all. He indicated that it might be the only alternative but why would the Trustees rush to judgment from pressure of NAI Hiffman. He asked why does the Village have only one alternative and if other developers have been offered the same TIF. He noted that the Village's spring newsletter did not offer any information on the proposed TIF that kept the residents uninformed of the proposal. He suggested that Trustee Manofsky did not mention that her husband is associated with this developer and asked for the Board to consider a motion to revisit the issue and perhaps delay it for further study and alternatives. Resident Michael Forutan remarked that the TIF proposal was brought in a forceful manner to the Board of Trustees and was hastily approved without any thought or chance for citizens to discuss it. He stated that in prior meetings residents Mario Vescovi and Dr. Martin spoke in opposition to the issue and then President Quinlan closed the public discussion of the matter. Thereafter, a special meeting was convened to get the proposal approved by the Board. He believes that this is not right and an imposition on taxpayer money and he hoped that the Board and President Quinlan would have the integrity to revisit the issue and permit the residents to express themselves on this issue. Resident Fred Cappetta voiced his concern of the approval of the TIF in the way that it occurred. He called upon the Trustees to consider a motion to reconsider the TIF and properly evaluate what they did. He suggested eight events in that deliberation occurred by the Board, which he would like to have them reconsider. He suggested that the Board of Trustees failed to do a proper due diligence and voted prematurely; the Board relied upon data presented only by the developer and failed to secure independent outside data; the figures provided by the developer were not confirmed nor was their accuracy challenged; the rent and income figures provided by the developer have not been VILLAGE OF OAK BROOK Minutes Page 3 of 29 June 14, 2005 4. independently confirmed nor has their accuracy been challenged; the expense figures provided by the developer have not been independently confirmed nor has their accuracy been challenged, the interest expense provided by the developer has not been independently confirmed nor has their accuracy been challenged, the expected required return on equity provided by the developer has not been independently confirmed or challenged and finally Trustee Manofsky, for whom he voted, should have excused herself from earlier discussion relating to the TIF in light of her late disclosure of her husband's interest relationship in the developer. He suggested that Trustee Manofsky's failure to make a proper conflict of interest disclosure when the procedure was first presented to the Board of Trustees is inappropriate. Her recusal should have occurred at the onset of discussion and she should not have participated in the process silently and then at the end not vote. He offered that recusal is to remove oneself from the process and by participating in the process; one has an impact in that process. He believes that a recusal should have occurred at the beginning of the process and not at the end of the process and he again asked that the Board reconsider their actions. President Quinlan assured everyone that Trustee Manofsky conducted herself with the utmost integrity during the entirety of this process. She made it clear from the onset that she would not be casting a vote nor did he ever see any evidence of her trying to unduly influence anyone in any direction. The proposal was not included in the Village's spring letter as it wasn't a point at that time. All the meetings were publicly noticed and even discussed during the campaign for election of the Trustees. The public hearing was held and did allow for all citizens who had a point to make their comments He closed the public hearing after everyone had spoken as described by law. It was publicly known that a special meeting called to take a vote on this issue was done. The Board spent an enormous amount of time reviewing the details and information presented to them. Trustees Kennedy and Sanford asked to hire outside counsel to help the Board to make sure that they were getting an independent viewpoint of the proposal outside of their own and what was being presented by the developer. This was done and the viewpoint brought to the Board made it very clear that the decision made was the right one. The situation of this property was described in detail by Trustee Kennedy that it is unique to this particular piece of property. He suggested that to question the amount of work and research done by the Board on this project is unfair and should have been brought up at the public hearing. Trustee Aktipis suggested that several points presented are worthy of addressing. He agreed with some of the comments made by President Quinlan but indicated that the ultimate test of whether a TIF is necessary under any circumstance is a simple one. It has nothing to do with the physical attributes, the particular location or the designation as eligible for a TIF. The only issue that is involved of whether a TIF is required or not, is whether the project would generate sufficient return on capital for a developer that would like to develop. He believes that what the Board did in hiring a consultant, Louis Snyder, who studied the project and presented to the Board on Friday, two days preceding the actual vote on the subject on Monday with a report Mr. Snyder concluded that a fair return of capital for a developer to carry out the project would be in the range of 11% to VILLAGE OF OAK BROOK Minutes Page 4 of 29 June 14, 2005 4. 13% range. The consultant also concluded that this particular project was not going to generate sufficient cash for the developer to reach that level of return. He believes that if one looked superficially on the numbers on the conclusions presented to the Board by Louis Snyder that the Board would be totally certain that the project deserved a TIF. Unfortunately what has happened here is that the numbers that Louis Synder's organization used to determine the return of capital on the developer was not independently developed but were provided by the builder. The developer provided them and therefore they were slanted in favor of the developer. So the Board had a situation where the input that was received and used to draw conclusions was presented by those who had an interest to indicate that the project required a TIF in order to be carried forward. The reason he recused himself last Monday was he received those numbers on Friday as he looked at them, he had serious questions. The numbers were confidential and although he has experience to evaluate a project involving development because he has been involved in this business, he still wanted to have confirmation of the numbers. The numbers were suggested to be confidential so that he could not take them to a different individual to work with him. As he looked at those numbers over the last few days, he has come to accept the notion that if the Board accepted all the numbers the developer gave the Board, as correct, which he does not believe they are as they are very generous. Simply what has happened here, the number suggested was much higher by several points than the going rate for development at this point. The Board had a consultant that gave the Board good advice, accept that he gave it on the basis of numbers that were not independently developed, and his position has always been that the Village needs an appraiser that will develop the number independently and then the Board can evaluate them. So that on this basis, many of the comments made are very valid and he would be the first to suggest that this Board has the courage to reconsider the TIF issue and evaluate more carefully the confidential numbers that were provided to the Board. Trustee Kennedy suggested that it was outrageous to attack Trustee Manofsky as from the very first appearance of the campaign for Village Trustee and every appearance she made, announced that she would recuse herself from any vote on the TIF because of her husband's relationship in partnership in South Carolina with Dennis Hiffman. When he came on this Board, the TIF issue had been before the prior Village Board for a number of months in which it was discussed. The project had moved through. When he came on the Board of Trustees, the issue was before the Board under the law and proper procedures had been followed. The prior Board of Trustees had not raised any questions about it. When he came on the Board, Trustees Sanford, Manofsky and other members concluded that an outside opinion was needed and they sought that outside opinion. The Board received that outside opinion and a respected financial consulting firm was chosen from Chicago and a respected real estate broker from Oak Brook to review the developers numbers whether they were correct or within the range of reason. That decision on hiring those experts was made by a group involving Village Manager Richard Boehm, Trustee Asif Yusuf and himself. The two people that were hired were the people he recommended as they were recommended to him by respected independent people who had no relationship with the developer, anyone on the Board or from the Village. He VILLAGE OF OAK BROOK Minutes Page 5 of 29 June 14, 2005 4. indicated that he was a little incensed as Trustee Sanford and he have spent a tremendous amount of time over the past two months analyzing this issue. He is 99% convinced that the Board has made the right decision and he thinks it is outrageous to have these questions raised at this late date as the decision was noticed, the meeting was noticed for a week ago yesterday and the decision was made at that point with two Trustees recusing themselves including Trustee Manofsky as she had already announced she would do. He stated this Village cannot do business on the basis of reconsidering decisions made when decisions are made properly. He will not entertain any motion to reconsider this decision. Trustee Sanford concurred with Trustee Kennedy. The comments that were made were of great concern to him when he was evaluating the TIF. He was very negative about the TIF when the issue first came up. He kept an open mind in evaluating the TIF and he went through a whole series of processes including interviewing TIF attorneys, shopping center management, building owners and finding out the unique properties of that area. He previously gave eleven reasons at the last Village Board meeting that he was concerned on the issue of TIF and how they were answered. Fundamentally, the Village has a project that is so unique to that one area that he does not believe it will start additional TIF's. He thinks that the amount of consideration that the TIF received was considerable and well thought out. He agrees with Trustee Aktipis that the numbers that were provided were by Hiffman. Those numbers were tested for reasonableness, they were used as a standard and did they match with other similar kinds of projects. He did not have a problem with the numbers. His main problem was what the alternative uses for that property were as Dr. Forutan discussed. All of those issues were studied and reviewed. He believes that the Board made the right decision for the best interest of Oak Brook for the long road. Trustee Aktipis stated that he had a motion on the floor to reconsider. President Quinlan explained that he could not make a motion to reconsider as he recused himself from the decision and voting. He also indicated that the motion to reconsider was not on the agenda and could not be addressed. Safety Pathway Committee member ? Indicated that the Bohne Estate Assessment Plat is listed on the agenda and he and Committee member Thomas Richardson requested the Board of Trustees to consider including an additional ten feet of easement to wind around existing trees on the property to allow for the bicycle pathway. He explained that there is a master plan for the pathway system to interconnect the different subdivisions within the Village and that also interconnects the Village with other communities. The pathways on both sides of York Road are part of that system and have been started. The only places not in existence now are lots where the Village does not have easements so they are requesting that an easement for the pathway be included in the approval of that plat subdivision. 5. APPROVAL OF MINUTES: VILLAGE OF OAK BROOK Minutes Page 6 of 29 June 14, 2005 5 A. BOARD OF TRUSTEES COMMITTEE -OF- THE -WHOLE MEETING OF MAY 23, 2005 Motion by Trustee Sanford, seconded by Trustee Manofsky, to approve the Minutes of the May 23, 2005 Board of Trustees Committee -of -the -Whole Meeting as amended. VOICE VOTE: Motion carried. Trustee Aktipis indicated that he had some corrections to these minutes that he gave to the Village Clerk. Clerk Gonnella explained that those minutes he has indicated to be changed were verbatim minutes and that he has changed what was actually stated. He agreed to keep them verbatim. Trustee Kennedy stated that his two corrections were inserting a comma and a minor typographical error. B. REGULAR BOARD OF TRUSTEES MEETING OF MAY 24, 2005 Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve Minutes of the May 24, 2005 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. Trustee Aktipis asked that Agenda Items 6. K., An Ordinance Amending Certain Sections of Title 14 (Subdivision Regulations) of the Village Code of the Village of Oak Brook and 6. L. A Resolution Establishing a Task force for the Purpose of Reviewing Potential Business and Residential Development and Redevelopment Projects be removed from the Consent Agenda for further discussion. Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes- 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusu£ Motion carried. A. Accounts Payable for Period Ending June 10, 2005 - $759,566.97 Significant Items included in Above: 1) Rocks -Ann Construction - Payout #3 - 2004 Water Main & Drainage Project — $18,436.95 2) Central Blacktop — Payout #1 — 2005 Paving Project - $182,946.00 B. Approval of Payroll for Pay Period Ending: 1) May 21, 2005 - $675,452.22 VILLAGE OF OAK BROOK Minutes Page 7 of 29 June 145 2005 6. B. 2) June 4, 2005 - $636,197.34 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Design Services for Bank Stabilization of the Ponds on the Fourth & Fifth Holes of the Oak Brook Golf Club E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Tuscan Woods Subdivision/Yorkshire Glen of Oak Brook Subdivision — Amendment to Declaration of Stormwater Facilities Easements, Covenants, Conditions and Restrictions H. Change Order No. 2 — 2005 Paving Project I. An Ordinance Amending Title 13, Section 13 -1OB -2 of the Village Code of the Village of Oak Brook J. An Ordinance Granting a Special Use of a Drive -in Banking Facility (IL- Commerce Plaza, LLC — 2021 Spring Road) M. An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook N. Acceptance of the 2004 Comprehensive Annual Financial Report and Management Letter 7. ITEMS REMOVED FROM CONSENT AGENDA: 6. K. An Ordinance Amending Certain Sections of Title 14 (Subdivision Regulations) of the Village Code of the Village of Oak Brook Trustee Atkipis asked that Agenda 6 K. be removed from the Consent Agenda for further discussion. He asked if this change in the ordinance was to reinstate some regulations that were removed previously. Trustee Kennedy explained that this proceeds his presence on the Board of Trustees but it was his understanding that when the Board approved the drafting of the ordinance at the last Village Board meeting, that these were essentially housekeeping measures designed in part to correct errors that were made when this particular provision of the Village Code was revised several years ago and to update some of the consent forms used in platting subdivisions. Village Engineer Durfey explained that when the Village Code was a small book, the certificates were in the back of the subdivision regulations of the Village Code. When the Village Code was re- codified, these certificates were removed. Through the Village Clerk's office, the certificates have been kept and supplied to the reception area for applicants seeking proposed subdivisions. He asked for these to now be included in the Village Code for ease of processing. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve "An Ordinance Amending Certain Sections of Title 14 (Subdivision Regulations) of the Village Code of the Village of Oak Brook ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 8 of 29 June 14, 2005 7. 6. K. Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. L. A Resolution Establishing a Task force for the Purpose of Reviewing Potential Business and Residential Development and Redevelopment Projects Trustee Aktipis stated that this ordinance is a result of a substantial discussion at a Committee -of -the -Whole meeting in which the whole issue was the future development of the Village of Oak Brook. He asked for clarification in the Resolution that the only purpose of the task force is to be simply involved in communication among the Village businesses and other agencies. President Quinlan explained that the objective of the task force is to begin gathering information that is necessary for the Board to form a long -term plan for the overall development of the Village of Oak Brook as it was voted on unanimously by the Board of Trustees. Trustee Aktipis suggested that there was a great deal of discussion on this subject that is not reflected in the Resolution. He indicated that at some point in the discussion, President Quinlan made the comment that the Board should create a task force, committee or whatever they wanted to call it. He would like to give that group the questions that need to be answered. Later towards the end of that meeting, President Quinlan indicated that the charge of the task force was that there is too much vacancy in Oak Brook, why does it exist and how does the Village fix it. He suggested at that time that he would like to see the statement broader to include the whole issue of where the Village wanted to go in terms of economic development, real estate development and how residents would be put into those two issues. He further requested that he would like to see the group work with a number of panels that involve both commercial interests as well as representatives of residents in beginning to deal with the possible options and the possibilities the Village has now. He noted that Trustee Sanford responded that he agreed that it should not be too narrow but felt that in the beginning it was fairly narrow and by its own inquiries that it would widen out. Trustee Aktipis again reiterated that there was quite a bit more discussion as to what the committee was going to accomplish and what he sees in the ordinance is a much more limited function. President Quinlan asked if any other Board member had difficulty with how the Resolution is written or with the understanding on what the Board is due to be accomplished. If not, he requested a motion for approval as presented. VILLAGE OF OAK BROOK Minutes Page 9 of 29 June 14, 2005 7. 6. L. Trustee Kennedy offered that he had no problem with the language and it is sufficiently broad and it does provide in Section 2. B that the task force has the power to recommend to the Board of Trustees those actions and programs that will serve to carry out the purpose of the task force which is broadly defined as redevelopment of the Village both in terms of business and residential redevelopment. Trustee Aktipis then asked if all of the members of the committee were voting members or not. Trustee Kennedy indicated that the Village President, Plan Commission Chairman, Zoning Board of Appeals Chairman and Trustee Liaison Sanford to Zoning and Trustee Liaison Kennedy to Planning and Community Development Director Robert Kallien are the Committee members. President Quinlan explained that the group recommends to the Board of Trustees. Trustee Manofsky also indicated at the Committee -of -the -Whole meeting that President Quinlan stated that only those persons who are elected officials or appointed officials should have the right to vote. Trustee Sanford further explained that the Committee would recommend changes and then from those recommendations the Board of Trustees would make the determination as to what is to be included and what priorities should be assigned. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve "A Resolution Establishing a Task force for the Purpose of Reviewing Potential Business and Residential Development and Redevelopment Projects" ROLL CALL VOTE: Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS: A) INTER CONTINENTAL DEVELOPMENT — 2221 CAMDEN COURT At its meeting on May 31, 2005, the Zoning Board of Appeals held the required public hearing on several petitions submitted by Inter Continental Development, on behalf of Republic Bancorp Co., the owner of the property at 2221 Camden Court seeking approval of a text amendment to the Zoning Ordinance to permit drive -in banking facilities in the ORA -1 District (as a special use), a special use to permit construction of a drive -in banking facility at the 2221 Camden Court and a variation to permit construction of the drive -in banking facility within the 100 -ft. side yard setback on Camden Court. Text Amendment VILLAGE OF OAK BROOK Minutes Page 10 of 29 June 14, 2005 Also the pavement in front of the Library would have to be torn up along with a sidewalk to install such a system. President Quinlan noted the concerns of the Friends of the Library and asked Chairman Salazar if she felt that a delay to the next Village Board meeting would allay the concerns or simply just delay. She replied that the Library Commission would prefer that this agenda item proceed this evening but if a delay is necessary they would support it also. She stated that she felt there was enough information presented to the Village Board at this time to proceed. Trustee Aktipis again stated his view that when several parties are involved in a project, the best manner in which differences may be resolved is by the close cooperation of those parties involved. The Library Commission has the statutory responsibility to make decisions and the Board of Trustees essentially reviews and approves them. He gave great credence to what the Commission suggests but on the other hand he believes that the Friends of the Oak Brook Library have contributed with interest and funding. He suggested, in an informal context, Library Director Klinkow, Commission Chairman Salizar and Friends of the Library Board member Hayden address their concerns. Trustee Manofsky asked why the sidewalks are large as brick pavers would soften the tone and absorb the heat better. She asked why install more concrete. Library Director Klinkow explained that they are establishing a center patio for the Library users. Using a concrete base with a pebble aggregate addresses handicap accessibility. The patio does absorb heat and they believe it will be attractive with landscaping. Director Klinkow indicated that this project has been in process since last June. Trustee Manofsky stated that the area doesn't appear to be large enough to be handicap accessible with benches also. Director Klinkow explained that the area is twenty (20) feet wide. Trustee Manofsky asked if brick pavers could be used. Director Klinkow stated that they could be used but that the proposed plan is the least expensive of the three bids that were received and one that shows a decorative design. Trustee Manofsky asked if a water feature is included. Director Klinkow explained that a water feature is in the proposal and it is hopeful that a patron will donate for it but presently that it is not proposed. President Quinlan suggested that this be continued for further review by staff to determine if further funding could be made available for this project. Trustee Sanford stated that he has received telephone calls from the Friends of the Library and there is concern but everyone wants to move forward with the plan. He voiced his concern that delaying the project would make it difficult for plantings to VILLAGE OF OAK BROOK Minutes Page I I of 23 May 24, 2005 8. C. survive. He asked if a two -week delay would be detrimental to the plantings at this time. President Quinlan indicated that he does not believe this would make a difference at this time of the year. Trustee Sanford agreed that a delay would give an opportunity for consensus amongst the Friends of the Library, the Library Commission and Library Director Klinkow. Trustee Kennedy noted that Library Commission Chairman Salazar has indicated that there has been a lack of communication with the Friends of the Library and also concurred that it would be well to continue this for the concerned parties to address the concerns. He stated his concern that if the plan is radically changed, won't a request for proposal (RFP) process be required and then time will be too short for the project. Village Manager Boehm agreed that it is a concern that the planting season may be missed for this year or could possibly occur this fall. President Quinlan noted that the motion had not been seconded for discussion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, that this agenda item be continued to the next Village Board meeting of June 14, 2005 so that all the parties concerned could discuss the areas of disagreement and develop a project that meets everyone's concerns. VOICE VOTE: Motion carried. D. Concrete Patio — Library continued from May 10, 2005 The Library has worked with the Friends of the Library to design a new entrance garden. The Friends participated in the selection of a landscape architect, gave suggestions for plant material and general appearance, and paid for the design. The Library Commission has reviewed the garden design and is anxious to have the garden in place as soon as possible. On the recent Patron Satisfaction Questionnaire conducted by the Library, one of the highest priorities with respondents for Library initiatives was landscaping and outdoor seating. The Village has budgeted about $20,000 for the library gardens in 2005. In order to include as many planned features as possible and keep administrative costs low, Library Director Klinkow is acting as the general contractor on the project. Proposals were solicited, and there are three concrete patio vendors working from the drawing. They offered several solutions. The one staff recommends supplies 5" of concrete surfaced with colored pebbles in a decorative design and sealed. It is the lowest cost proposal. Motion by Trustee Kennedy, seconded by Trustee Manofsky, that this agenda item be continued to the next Village Board meeting of June 14, 2005. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 12 of 23 May 24, 2005 8 A. 3) where it had been previously 75% vacant for the last five years. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) A RESOLUTION APPROVING BOHNE ESTATE ASSESSMENT PLAT (3305 YORK ROAD) CONTINUED FROM MAY 24, 2005 Mr. Berkshire Bohne, the owner of the vacant parcel located at 3305 York Road has submitted an application for the Bohne Assessment Plat and requests approval. It is the applicant's intent to construct a single - family home in conformance with a recently approved variation which permits a portion of the new home to encroach approximately 6 -ft. into the York Road setback. Because the existing parcel was never formally subdivided, the assessment plat is required as a prerequisite to obtaining a building permit from the Village of Oak Brook. Since the current boundaries of the parcel now run to the centerline of both York Road and Canterberry Lane, Village Engineer Durfey is requesting that the applicant dedicate 50 -ft. of right -of -way on York Road and 33 -ft. of right -of -way on Canterberry Lane as condition of approval. After these dedications are made, the parcel will contain approximately 28,967 sq.ft. (0.665 acres). Trustee Kennedy explained that this was previously discussed by a Pathway Safety Committee member requesting inclusion of a ten -foot easement in the approval of the Assessment Plat. He also noted that the paper work provided to the Village Engineer was less than sufficient and he has recommended to approve the resolution including a 50 ft. right -of -way on York Road, a 33 ft. setback for Canterberry Lane, an additional 10 ft. easement for the bicycle pathway which is consistent with the Village's action taken in platting other properties on the east side of York Road. This also facilitates the continuation of the bicycle path Because of the condition of the plat, the Village Engineer has recommended that the approval of the Plat be subject to revision and approval by the Village Engineer. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Resolution 2005- SD -AP -R -911, A Resolution Approving Bohne Estate Assessment Plat (3305 York Road) subject to the Village Engineer's revision and approval including a 50 ft. right -of -way on York Road, 33 ft. set back on VILLAGE OF OAK BROOK Minutes Page 13 of 29 June 14, 2005 9. B. 1) Canterberry Lane and a 10 ft. easement for the bicycle path. and. ROLL CALL VOTE: Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays- 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. C. AWARD OF CONTRACTS: Friends of the Oak Brook Library President Nancy Hayden addressed the Village Board of the landscape plan for the facility. She recommended to the Board that deciduous shade trees be installed around the Library rather than the ornamental trees that are recommended in the Library landscape plan surrounding the patio. She recommended postponing the patio until it could be made more esthetically pleasing with pavers or blue stone, slate, etc. The Friends garden is handicap accessible and she believes that the sprinkler system is critical and that the soil be addressed as most of the soil was removed. She stated that she is willing to work with the Library Director in addressing these issues. Library Commission Chairman Melissa Salazar addressed the Village Board that the Commission believes that the landscape plans should proceed as first proposed. They believe that the professional plan has been through a year -long process and they would like to proceed with this. Trustee Aktipis commented that the parties had a useful meeting of plans that would be more acceptable. The issue of a consensus that has not been developed is the patio. The concern is that adding more concrete is not the most appropriate solution for the front of the Library. He suggested that perhaps the patio could be softened through pavers or some form that could be acceptable to everyone. 1) LIBRARY CONCRETE PATIO CONTINUED FROM MAY 24, 2005 Patio proposals are as follows. VENDOR - Stone Chicago Everlast Concrete Crown Construction PRICE $6,300 $7,266 $9,768 Stone Chicago supplies 5" of concrete with mesh, surfaced with colored pebbles in a decorative design and sealed. It is the lowest cost proposal. Motion by Trustee Aktipis, seconded by Trustee Sanford, to concur with the recommendation of the Library Commission and Library staff to accept a proposal from Stone Chicago for patio installation services at the Oak Brook Public Library in the amount not to exceed $6,500. VILLAGE OF OAK BROOK Minutes Page 14 of 29 June 14, 2005 9. C. 1) Trustee Sanford suggested that a compromise is close on this issue. He went to the Library to view the area. He agreed that shade trees are needed, sprinklers, possibly pavers and the soil condition needs to be addressed to sustain the plants. Trustee Aktipis suggested that the Board needs to act on the issue of a sprinkler system and allow more time for plans to develop, plant in the fall and next spring the watering system will be in place. President Quinlan recommended that the budget the Library Commission was given for this project was not the budget that is before the Board to be approved at this meeting. He stated it could not be voted upon as it is not listed on the agenda but a consensus could be taken to increase the budget to allow the items discussed. Trustee Kennedy concurred to approve in concept budgeting more funds, a sprinkler system, improve the soil and larger trees as recommended by the Ms. Hayden on the west side of the Library. Trustee Manofsky asked if the patio could be postponed until next spring. She recommended that concrete not be laid as she felt there is too much concrete surrounding the building now and suggested the Board of Trustees approve plantings of large shade trees for the fall and then install the sprinklers. She also stated she would not vote for an outdoor fountain as suggested by the Library Director due to the harsh climate. She suggested that the building be surrounded by as many tall shade trees as the Village could afford and bushes around the perimeter of the building to eliminate the splashing on the windows then address the other accouterments in the spring. President Quinlan suggested that the Village Board appears to be willing to spend more funds for this project. The Board concurred with this recommendation. Trustee Kennedy spoke that the Board gave the Library Commission a very limited budget to do the best they could and they did the best they could. When you appoint a Commission, Board or Committee you defer to them unless they are clearly erroneous but there is a clash of esthetics. There are good ideas of a sprinkler system and more shade trees and the Board is ready to spend more funds for this. Therefore, he is willing to go along with a little delay, rethinking of it and override his natural inclination to defer to the Library Commission in this case. Trustee Manofsky stated she applauded President Quinlan's suggestion to postpone this and consider a larger budget. She believes that the Library is a public building that has become a landmark in Oak Brook and should be a VILLAGE OF OAK BROOK Minutes Page 15 of 29 June 14, 2005 9. C. 1) marquee entrance. Landscaping should have been budgeted for the last four years the Library has been open and that has not happened. Trustee Aktipis asked for guidance from the Village Board if a patio is desired so that a landscaper could address this. President Quinlan suggested that a sitting area be included and let the landscape architect decide how to proceed. This will allow the Library Commission to proceed. Trustee Craig recommended that this is a project that the people of Oak Brook will live with for years to come and should be by the people who live in Oak Brook and not from someone who is working for the Village. Motion by Trustee Aktipis, seconded by Trustee Sanford, to amend the original motion and continue the Library concrete patio, landscaping and irrigation system. VOICE VOTE: Motion carried. 2) LIBRARY LANDSCAPING CONTINUED FROM MAY 24, 2005 The proposals are as follows: VENDOR Wingren Landscape Natural Innovations Premier Landscape COST $9,922 Phases 1 & 2 $14,886 $14,895 $ -2,253 paving $ -1,199 paving $12,633 $135696 Wingren's first phase includes improving soil with compost, providing trees, bushes, grasses and other plants in the central section of the garden. Phase two provides for improving the soil and planting the two outer wings (flanking the two front doors). The flagstone path between doors is proposed as an addition if further monies become available in the future. Wingren's proposal for phase 1 ($7,772) and phase 2 ($2,150) is the lowest for a total cost of $9,922. The Chair of the Library Commission Melissa Salazar, Stelios Aktipis, Friends President Nancy Hayden and Library Director Klinkow met on May 26th to discuss possible changes to the garden plan. All agreed an irrigation system extension that would provide an automated water source to the front, Friends and Children's Gardens is desirable, but is not currently a budgeted item. Any other revisions of the landscape design for the garden would necessitate a new submittal of proposals by landscapers. In order to request new landscaper proposals a written professional plan and list of plants and quantities is necessary The Library Commission has reviewed the garden design, endorses it as "ideal" VILLAGE OF OAK BROOK Minutes Page 16 of 29 June 14, 2005 9. C. 2) and is anxious to have the garden in place as soon as possible. On the recent Patron Satisfaction Questionnaire conducted by Library staff, on of the highest priorities with respondents for Library initiatives was landscaping and outdoor seating. This agenda item was addressed prior on the Agenda under Item 9. C. Award of Contracts, 1, Library Concrete Patio Continued from May 24, 2005. 3) LIBRARY IRRIGATION SYSTEM The Village Board approved a $22,800 bid on April 27, 2004 by Halloran & Yauch to irrigate the plantings directly west side of the Library building and the parking island immediately west of the main entrance. The area includes Phase B and a portion of Phase C from the original bid documents. This plan was revised to remove irrigation from the west garden, except by spigot, and add irrigation to the east side of the Library where an irrigation system was important to establishing new trees that were planted in the fall of 2004 Irrigating the parking island continued to be in the plan. The initial budget increased to $30,400 and the revision was passed by the Village Board on November 9, 2004. The irrigation system is now functioning on the parking island and on the east side of the Library. A new garden is planned for the west of the Library in the summer of 2005. Irrigation will help establish and maintain the plants, trees and shrubs at the front of the Library, in the Friends' garden and the Children's garden. This is a non - budgeted item that would help complete the Library garden project. This agenda item was addressed prior on the Agenda under Item 9. C. Award of Contracts, 1. Library Concrete Patio Continued from May 24, 2005. D. RECONSIDERATION OF PLAT OF ABROGATION OF CONSERVATION EASEMENT AND FLOOD PLAIN EASEMENT — LOT 22 — OLD OAK BROOK SUBDIVISION — 3315 SPRING ROAD CONTINUED FROM MAY 10, 2005 At the Board meeting of May 10, 2005, this item was continued at the request of the Old Oak Brook Association. In the interim, the Village Engineer has contacted the surveyor who indicated that it would cost about $8,000 to do a Plat along the west side of Salt Creek within the Old Oak Brook Subdivision. Engineer Durfey forwarded that information to Dr. Forutan who forwarded it to his residents. Engineer Durfey has indicated that the new flood plain maps depict a lowering of the high water level by 0.7 feet as he previously incorrectly stated it as 1.2 feet. VILLAGE OF OAK BROOK Minutes Page 17 of 29 June 14, 2005 9. D. Motion by Trustee Atkipis, seconded by Trustee Manofsky, that the Village Board approves the Plat of Abrogation of Conservation Easement and Flood Plain Easement prepared by Siebert Engineers, Inc., with a last revised date of April 9, 2005 with the expectation that the Village Board would give equal consideration for other residents in the Old Oak Brook Subdivision. ROLL CALL VOTE Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent- 1 - Trustee Yusuf. Motion carried. President Quinlan apologized that he did not address this agenda item prior and requested that it be addressed at this time. C. 4) TELEPHONE & FIBER CONSULTING SERVICES CONTINUED FROM MAY 24, 2005 The Village Board, at its May 24th meeting, continued this subject, at President Quinlan's request, in order to allow time for additional information to be received and reviewed. Staff has reviewed information submitted, but is awaiting further documents prior to making a recommendation to the Board. Trustee Kennedy asked why this subject is being deferred again. Village Manager Boehm explained that staff has received additional information that they are evaluating relative to consulting and a possible system. Motion by Trustee Aktipis, seconded by Trustee Manofksy, that the Village Board continue this subject to the June 28th Village Board meeting. VOICE VOTE: Motion carried. E. REVIEW AND CONSENSUS OF VILLAGE BOARD POLICIES FOR MEETINGS AND APPOINTMENTS President Quinlan prepared policies for some of the functions of the Board of Trustees. He sought consensus from the group to agree to the policies of general conduct by the Board of Trustees. The Board has had the prepared policies for the past month to review. Trustee Aktipis agreed with the understanding of policies and in sympathy with the view that the Trustees would have sufficient time to evaluate items that come before them through the regular agenda. Therefore, material should go to the Village Manager in advance of the time that those items are going to be reviewed by the VILLAGE OF OAK BROOK Minutes Page 18 of 29 June 14, 2005 9. E. Board of Trustees. In this particular instance, the deadline has been moved for submitting items to the agenda to Thursday at noon preceding the Village Board meeting on Tuesday. He explained that it has been the practice to delay that until Friday and that it no way affected the time that the Trustees had to review items. He suggested a deadline of noon on Friday for submitting agenda items this would give sufficient time for the Trustees to react to items and it would not make it unreasonably difficult for the staff to operate. Village Clerk Gonnella commented that this does make a huge difference as the agenda is prepared on Thursday by staff. It does cause a delay as agenda items would have to be held until they were all received before they could be numbered and copied. She indicated that previously that her staff has had to stay until 6:00 p.m. or 7:00 p.m. on a Friday night collating all of the additional agenda items. Trustee Kennedy concurred with Clerk Gonnella that in his prior professional career that last minute requests were a burden as it takes time. He is sympathetic with staff which delays the Trustees receiving the materials. He does not see a burden by the Trustees to get the materials in by Thursday. Trustee Aktipis stated the appointment policies are excellent relatively to the Plan Commission, Zoning Board of Appeals, other commissions and board appointments. He thought there was some discussion of policies including department heads and that this is not included. President Quinlan stated that this was intentionally not included and will be discussed in the closed session of the Board this evening. Trustee Kennedy agreed with Trustee Aktipis and he recommended procedures that would have to be very different and language could be implemented that was sufficiently flexible to cover procedures for approving the appointment of department heads. He stated that the policies are fine and a major step forward and he concurred with the policies. It was a consensus of the Board to agree with the policies suggested. 10. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS 1) POLICE PENSION FUND President Quinlan explained that this is a unique situation in which two Trustees on the Police Pension Fund appointed by the Village President and approved by VILLAGE OF OAK BROOK Minutes Page 19 of 29 June 14, 2005 A. the Board of Trustees have their terms expired at the same time. Due to legal 10. requirements this must be corrected. Both terms of Alan Feldman and Brian Clingen have expired. In accordance with Illinois State Statute, 40 ILLS 513 -128, the two -year terms of appointments to the Board of Trustees of the Police Pension Fund must be staggered. President Quinlan did state that it is his full intention that Mr. Clingen be re- appointed a year from this date if he is willing to continue to serve. President Quinlan recommended the following re- appointments the Board of Trustees of the Police Pension Fund: • Re- appointment of Brian T. Clingen for a one -year term, with his term expiring in May, 2006. • Re- appointment of Alan J. Feldman for a two -year term, with his term expiring in May, 2007. Trustee Aktipis stated that this is an exception as the Board of Trustees just approved the guidelines for appointments. Anything that occurs after this will be according to the guidelines. President Quinlan thanked both residents for their participation as members of the Board of Trustees of the Police Pension Fund. Motion by Trustee Kennedy, seconded by Trustee Aktipis, to concur with the President Quinlan's re- appointments to the Board of Trustees of the Police Pension Fund: Brian T. Clingen, with his term expiring in May, 2006; and Alan J. Feldman, with his term expiring in May, 2007. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE AMENDING CHAPTER 3 (GENERAL PENALTY) OF TITLE 1 (ADMIN) OF THE VILLAGE OF OAK BROOK VILLAGE CODE ADDING SUPERVISION AS A PENALTY This Ordinance adds a subsection F to Section 1 -3 -1 of the Village Code, entitled Supervision. In a recent opinion by the Illinois Supreme Court, the Court was concerned that the Illinois Municipal Code did not provide for a sentence of supervision for ordinance violation cases. The Ordinance provides for supervision in the Village Code. VILLAGE OF OAK BROOK Minutes Page 20 of 29 June 14, 2005 10. B. 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Ordinance 2005- PD -OF -G -782, An Ordinance Amending Chapter 3 (General Penalty) of Title 1 (Administration) of the Village Code of the Village of Oak Brook Relative to Adding Supervision as a Penalty to Section 1 -3 -1. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. 2) AN ORDINANCE AMENDING SCHEDULE VII ( "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS ") OF SECTION 7 -2 -1 ( "TRAFFIC SCHEDULES ") OF TITLE 7 ( "MOTOR VEHICLES AND TRAFFIC "), OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK This Ordinance serves to prohibit parking the entire length of the south side of Forest Gate Road and on the north side from Jorie Boulevard to the Oak Brook Park District parking entrance, where signs are posted. Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of Ordinance 2005- TC -RR -G -783, An Ordinance Amending Schedule VII ( "Parking Prohibited at all Times on Certain Streets ") of Section 7 -2 -1 ( "Traffic Schedules ") of Title 7 ( "Motor Vehicles and Traffic ") of the Village Code of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. C. AWARD OF CONTRACTS 1) INDEPENDENCE DAY PYROTECHNICS Melrose Pyrotechnics has been the fire works vendor of choice for the Village of Oak Brook due to the safety precautions executed their understanding of the event and the needs of the Sports Core Property and their ability to meet the Village of Oak Brook's insurance requirements. Trustee Craig recommended that after this year, that the Village Board make a sincere endeavor to find sponsorships for the Independence Day celebration. Motion by Trustee Craig, seconded by Trustee Sanford, to waive competitive bidding and award a contract to Melrose Pyrotechnics for the 2005 Fireworks Display in the amount of $33,000.00. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 21 of 29 June 14, 2005 10. C. 1) Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. D. AUTHORIZATION TO PURCHASE 1) STEEL PASSAGEWAY DOORS REPLACEMENT AT PUBLIC WORKS Each year, municipal buildings and facilities are visually inspected by staff with repair or replacement items noted and incorporated into the appropriate account of the Fiscal Year Budget or Five -Year Financial Plan. Following last year's inspection, the two steel passageway doors leading into garage area of the Public Works facility were finally deemed in need of replacement. The doors (original to the 1973/74 construction of the building) are simply rusting out. Over the past few years, staff has made temporary repairs including spot welding to keep the rusted doors attached within their steel door frames. In conclusion, to receive 31/32 years usage from doors that are located within a high salt dust environment is testament to their original construction. However, the new doors will be constructed of reinforced fiberglass with aluminum frames. Motion by Trustee Aktipis, seconded by Trustee Kennedy that a purchase order in the amount of $6,426.00 be issued to Door Systems Inc. of Itasca, IL. for the replacement of two (2) steel passageway doors at the Public Works Facility. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent- 1 - Trustee Yusuf. Motion carried. E. TECHNOLOGY USE, INTERNET, AND E -MAIL POLICY FOR THE VILLAGE OF OAK BROOK Through years of planning, the Village of Oak Brook has built and maintained an Information System that has advanced the operations of the Village to better serve the community. This system includes the computer hardware, software, internet, and email and telephonic communications. From communicating to residents and interactive form sharing through our website, to internet research and e -mail communication, the Village of Oak Brook has kept pace with technology through system advancement and employee development. However, just as HIPAA regulations were established to protect individuals' health information in the push toward all medical files and prescription drug information being connected electronically in our advance toward a paperless society, a policy establishing the allowable and prohibited uses for technology, internet and e -mail use is necessary to VILLAGE OF OAK BROOK Minutes Page 22 of 29 June 14, 2005 10. E. protect both the owners and system users in all organizations that maintain said technology. As such, over the course of the last twelve months, Information Systems staff and the Manager's Office have drafted a Technology Use, Internet, and E -Mail Policy for Oak Brook. Policy Overview: The Policy is drafted to instill two clear points: 1) the Village of Oak Brook wants employees to understand that use of the information systems is a benefit and we encourage employee development and efficient work production; and 2) the policy establishes the necessary safeguards for the Village to protect the system from outside attacks on the system, infringement on license agreements, and misrepresentation of the Village. The Policy is broken down into the following five general areas: 1. Overview — The overview establishes the allowable uses and prohibitied uses of all technology of the Village of Oak Brook. This section clearly explains that personal use of the systems is allowed for all "authorized users" so long as it does not violate the policy, bring cost to the Village, or impact the employee's performance. In addition, and above all, information generated or maintained by employees is not private due in part, to the very nature of our organization. Finally, this section also defines "Authorized Users" of the systems. "Authorized Users" are only current employees or elected officials, or appointed officials of the Village that have received, read, and signed the Certificate of Receipt of the Technology Use, Internet, and E -mail policy. 2. Technology (Hardware and Software) — This section clearly outlines use and installation of hardware and software of the system. These provisions protect the Village from prohibited installation of software including copyright infringement, etc. 3. Internet — This section establishes that the Village recognizes the usefulnessof the internet as a tool to all users and as such, this section establishes safguards for the Village and the employee and defines allowable and prohibited uses 4 E -mail - This section establishes that the Village recognizes the usefulness and the efficiency of communicating via e -mail. This section establishes safeguards through disclaimers that must be added to email transmissions and defines allowable and prohibited uses. VILLAGE OF OAK BROOK Minutes Page 23 of 29 June 14, 2005 10. E. 5. Certificate of Receipt — The purpose of this certificate is two -fold. First the Village of Oak Brook strongly believes that it is only fair that employees read and understand policies that apply to them. To achieve this, the Village will be holding meetings for employees the week of July 11 th, 2005 to overview in detail this policy. The certificate then acknowledges that users do in fact understand the policy. Second, the Illinois Eavesdropping Statute requires that employees and other authorized users of the system acknowledge and consent to the fact that information generated, maintained, or shared by users is not private. The Village does have the right to review and monitor should the need arise. The receipt serves to verify employees' understanding of this fact. Upon approval by the Village Board, this policy will be shared with all employees and as stated, meetings with department staff will occur the week of July 11th to overview the policy and answer all questions. In addition, if requested by the Village Board, additional discussion and training will be set -up for elected officials to overview the systems and this policy. Trustee Kennedy commended staff for these policies. Manager Boehm indicated that Assistant Village Manager Moline, Information Services Director Bruce Kapff and other staff members designed the policy. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Technology Use, Internet, and E -Mail Policy for the Village of Oak Brook. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. F. POLICE AND FIREFIGHTERS' PENSION FUND ACTUARIAL STUDIES 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. The studies presented were once again performed by Timothy W. Sharpe, Actuary. 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 VILLAGE OF OAK BROOK Minutes Page 24 of 29 June 14, 2005 10. F. 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 funding the pension programs). The following is a brief summary of the two reports: Police Pension Fund As the actuarial report indicates, the Police Pension Fund was 89.1% funded as of December 31, 2004, a decrease of 0.30% from the funded percentage in 2003. For 2005, the actuary recommends a Village contribution of 17.66% of payroll, an increase of 1.20% of payroll from 2004. As mentioned previously, before completing the study the Pension Board reviewed actuarial assumptions and based on trailing ten year data it is recommended that the investment rerturn assumption be increased from 7.25% to 7.50% and the salary increase assumption increase from 5.00% to 5.25 %. This recommended change has a positive effect on the Village's contribution, which would have been 19.31 % absent this change. The recommended Village contribution of 17.66% of payroll for 2005 is slightly over the 17% of payroll used in preparation of the 2005 Budget; however, offsets will likely be available due to personnel vacanicies in the Police Department. To date in 2005 the Village has continued to contribute to the Police Pension Fund at the 2004 rate of 16.46 %. The past practice has been that the contribution rate is made retroactive to January 1. Accordingly, if the contribution rate of 17.66% is approved, a retroactive payment of $14,254.05 will be made to the Police Pension Fund. Firefighters' Pension Fund The actuarial report indicates that the Firefighters' Pension Fund was 80.4% funded as of December 31, 2004, a decrease of 0.9% from the funded percentage in 2003. For 2005, the actuary has recommended a Village contribution of 21.43% of payroll, a decrease of 0.37% of payroll from the 2004 rate. The Firefighters' Pension Fund Board also reviewed actuarial assumptions and did not recommend any changes this year. The recommended Village contribution of 21.43% of payroll for 2005 is under the 23% of payroll used in preparation of the 2005 Budget. To date in 2005 the Village has continued to contribute to the Firefighters' Pension Fund at the 2004 rate of 21.80 %. The past practice has been that the contribution rate is made retroactive to January 1. Accordingly, if the contribution rate of 21.43% is approved, a credit of $3,304.26 will be applied to the June contribution. VILLAGE OF OAK BROOK Minutes Page 25 of 29 June 14, 2005 10. F. Motion by Trustee Craig, seconded by Trustee Manofsky, the Village Board accepts the actuarial reports of the Police Pension Fund and Firefighters' Pension Fund. ROLL CALL VOTE: Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village Board approves a Village contribution of 17.66% of payroll for police officers and 21.43% for firefighters retroactive to January 1, 2005. ROLL CALL VOTE: Ayes: 5 - Trustees Atkipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. G. IDOT 22ND STREET MAINTENANCE INTERGOVERNMENTAL AGREEMENT President Quinlan had previously announced under Agenda Item 3. that this item be removed from the agenda for further staff consideration. The Board did concur with Village President Quinlan to have this agenda item stricken from the agenda. On June 24, 1998, the Village executed a Letter of Intent between the Village and IDOT for the Maintenance and Intergovernmental Transfer of 22nd Street and York Road. Part of that Letter of Intent included the responsibility that the Village performs routine maintenance of 22nd Street, east of Illinois Route 83, between the months of April and October. On June 29, 1999, IDOT executed the two Jurisdictional Transfer Agreements which transferred York Road to the Village and 22nd Street to IDOT. Part of those transactions included an agreement that the Village perform routine maintenance on the aforesaid section of 22nd Street in return for a certain monetary amount which was adjusted every year according to the construction cost index. That routine maintenance agreement expires on June 30, 2005. IDOT submitted the replacement agreement which is for 10 years and goes from July 15 2005 to June 30, 2015. Village staff has reviewed this document and finds it to be satisfactory as to form. H. PLAT OF EASEMENT ABROGATION AND EASEMENT GRANT BREAKENRIDGE FARM UNIT 3 STORM SEWER DETENTION AND DRAINAGE EASEMENT A building permit application was received for a new home on the currently vacant Lot 1 of the Breakenridge Farm Unit 3 Subdivision. The architectural design of the VILLAGE OF OAK BROOK Minutes Page 26 of 29 June 14, 2005 10. H. building wishes to encroach slightly into the detention easement and compensate in an adjacent area. Staff has reviewed the building permit site plan in conjunction with the subdivision detention requirements and concludes that the proposed plans meet or exceed the required detention volume and, in fact, provides slightly more volume than required. Staff has been working with the applicant's engineer concerning the appropriate plat. President Quinlan, noted for the record, that this approval does not pertain to the Breakenridge Lot in question before the Plan Commission. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board approve a Plat of Easement Abrogation and Easement Grant regarding the Storm Sewer Detention and Drainage Easement on Lot 1 in Breakenridge Farm Unit 3. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. I. REVISION OF VILLAGE MANAGER AUTHORITY The Village Board amended portions of Title 1, Chapter 5 on August 10, 2004 to limit the hiring authority and reduce the purchasing authority of the Village Manager. At that time it was noted that these changes would very likely be repealed in the future. The Board is being requested to provide the direction to the Village Attorney to prepare an Ordinance that will repeal those actions taken in August of 2004 and return the authority to our chief appointed official. The Village Code sections both pre and post 2004 are attached for your review. In essence the purchasing authority would be restored to $10,000 which will allow staff to act on quoted purchases more quickly and efficiently. In addition, the Village Manager would once again have all the authority to hire, promote and reassign employees to meet the service requirements and needs of this community President Quinlan announced, he had previously discussed with some of the Trustees, that he would change the motion as proposed to the Board of Trustees. He recommended to remove the request to change the spending authority of the Village Manager at this time. He asked the Board of Trustees to restore the hiring authority of the Village Manager. He explained that there was not enough time for some of the Trustees to investigate why the spending authority was reduced to $5,000 as it was a measure taken by the previous Board of Trustees. At the current time the spending authority of $10,000 has been in place for many years as the Village of Oak Brook has always followed the State of Illinois guidance. The State's guidance is changing and recommending a $20,000 spending limit which may be the better direction for the VILLAGE OF OAK BROOK Minutes Page 27 of 29 June 14, 2005 10. I. Board of Trustees. However, he wanted to make sure when changes are made of this nature that all of the Board members are comfortable with this. Trustee Manofsky asked if the Village Manager prior to this had the ability to hire at will. President Quinlan stated that was not the case but that the previous Board of Trustees decided to remove the hiring authority of the Village Manager to hire already posted positions. The Village Board would still have the right to determine whether or not a new position could be created. This now restores the Village Manager's authority. Trustee Manofsky stated the following, for the record, that she would approve this motion but she would like to work with the Village Manager and the Village President to make sure that every position that is filled has a job description. She believes that this is very important as it is hard to measure improvement without a job description. Secondly, she would like to have on file for the Village a resume of every full -time employee. President Quinlan stated that her request could very quickly be answered. Trustee Sanford indicated that he was appreciative of President Quinlan removing the increase in the spending authority, as he would agree in principle that the Village Manager should have a $10,000 spending authority. However, one of his concerns being new as a Trustee is that it will give them an opportunity to review why this occurred. Trustee Kennedy stated in concept that Manager Boehm's authority needs to be re- established but he agrees that it should be deferred for further review by the three new Trustees. Motion by Trustee Manofsky, seconded by Trustee Kennedy, to direct the Village Attorney to prepare an Ordinance revising Title 1, Chapter 5, Article A of the Village Code as it relates to the hiring authority of the Village Manager. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES: A. VILLAGE PRESIDENT - No report was given. B VILLAGE MANAGER - Manager Boehm announced that the Highland Games are being held this Saturday at the Oak Brook Sports Core and the Prairie State Games will occur June 24 -26th which occurs across DuPage County. Soccer will be held at the Sports Core for these games. C. VILLAGE CLERK - No report was given. 12. ADJOURN TO CLOSED MEETING to consider the appointment, employment, VILLAGE OF OAK BROOK Minutes Page 28 of 29 June 14, 2005 12. compensation, discipline, performance, or dismissal of specific employees of the public body. Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Village Board meeting at 9:44 p.m. to a closed meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Manofsky, to adjourn the Regular Meeting of the Board of Trustees at 10:24 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minute