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Minutes - 06/24/2008 - Board of Trustees (2)MINUTES OF THE JUNE 24, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 11, 2008. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of Community Development; 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; Thomas Sheahan, Chief of Police; Jason Cates, Police Lieutenant and Trey VanDyke, Golf Club Manager. 3. PRESIDENT'S OPENING COMMENTS A. ILLINOIS CYCLING ASSOCIATION'S ROAD RACE CHAMPIONSHIP PROPOSAL As reported in the June 11th Manager's Memo, the Illinois Cycling Association (ICA) was requesting to host the 2008 Illinois State Road Race Championship in Oak Brook on August 23, 2008. Staff has met with the ICA's Vice - President, Mr. Steven Hansen and resolved the majority of the staff's concerns. At this time, Mr. Hansen wishes to request permission from the Village Board to host their event in Oak Brook. Concerns addressed were the duration of the event, traffic control and police officer staffing, 31St Street Road closure and resident feedback. He pointed out that there were also benefits to the hosting community such as another positive event for the Village and the increased use of hotels and restaurants by the participants, volunteers and spectators. Mr. Hansen presented a PowerPoint presentation regarding the event. He reported that VILLAGE OF OAK BROOK Minutes Page 1 of 18 REGULAR MEETING OF JUNE 24, 2008 they were an association of 1100 members in Illinois and the local arm of USA Cycling which has about 26,000 members. He added that the organizations were only about racing, not a social group. He described the series of events leading up to the event that they want to have in Oak Brook. The Oak Brook event would be the culmination of these previous races and would be the State Championship. Reasons for locating in Oak Brook included the hotel factor, since people would be coming in from several surrounding states, that the roads along the route were in excellent condition, the route is through beautiful wooded areas and there are two challenging hills which are hard to find in this area. They also were impressed with some tourism opportunities in the historic district including Graue Mill. Trustees Carson and Sanford asked questions relating to any concerns. Police Chief Thomas Sheahan felt that the traffic issues were somewhat minimal and that it was a well planned event and that the Police and Fire Departments were ready. Trustee Saiyed was also pleased with the event and asked if there would be any media coverage. Mr. Hansen responded that they contact local media. Trustee Wolin expressed concern for the Fullersburg area and wanted to be assured that they were contacted and provided an opportunity for feed back. Motion by Trustee Saiyed, seconded by Trustee Manofsky, to approve the proposal from the Illinois Cycling Association for the Annual Road Race Championship in the Village of Oak Brook on Saturday, August 23, 2008 subject to Fullersburg Woods and Robin Hood Ranch homeowners approval. In addition the cost of $4,000 for Police services would be split equally between the Village and the Illinois Cycling Association. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 4. RESIDENTNISITOR COMMENT — None presented 5. APPROVAL OF MINUTES — None presented 6. 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 20, 2008 - $ 490,147.35 VILLAGE OF OAK BROOK Minutes Page 2 of 18 REGULAR MEETING OF JUNE 24, 2008 Significant Items included in Above: 1) Du Page Water Commission: Invoice for May 2008 - $134,216.65 2) Seyfarth Shaw, LLP — Legal Services — April 2008 - $1,585.20 3) Kubiesa, Spiroff, Gosselar, Acker & DeBlasio, P.C. — Legal Services — May 2008 -$6,035.96 4) Hervas, Condon & Bersani P.C. — Legal Services — May - $10,321.04 5) Hitchcock Design Group — Payout #4 — 22nd Street Improvement Project - $3,750.00 6) Hitchcock Design Group — Payout #5 — 22nd Street /York Road - $10,107.75 7) Greater Oak Brook Chamber of Commerce — Chamber's Overnight Stays Project - $10,000 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JUNE 14, 2008 - $793,967.58 C. COMMUNITY DEVELOPMENT REFERRALS 1) REFERRAL — FALCO — 2901 OAK BROOK ROAD — MAP AMENDMENT — R -2 TO R -3 DISTRICT Mr. Vito Falco, owner of the property at 2901 Oak Brook Road was requesting approval of a map amendment to rezone his property located at 2901 Oak Brook Road from R -2 to R -3. If approved as R -3, it is the intention of Mr. Falco to submit a future request to subdivide the property in manner similar to the adjacent Dana Park Subdivision. The requested action was to refer a request for a map amendment to rezone the property located at 2901 Oak Brook Road from R -2 to R -3 to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5, 2008 meeting. 2) REFERRAL — MACY' S RETAIL HOLDINGS — TEXT AMENDMENT — OUTDOOR SALES EVENTS Macy's Retail Holdings, Inc., owner of the property at 1717 22nd Street was requesting approval of a text amendment in order to permit limited term outdoor sales events in the Business Districts. If approved, it is Macy's intention to hold an outdoor sales event later in the year. If approved, each event would require approval of the Village Board upon the request from the property owner detailing prospective compliance with all other applicable rules and regulations of the Village. VILLAGE OF OAK BROOK Minutes Page 3 of 18 REGULAR MEETING OF JUNE 24, 2008 The requested action was to refer a request for a text amendment to Section 13-7 - 3B of the Zoning Ordinance to permit outdoor sales events in the Business Districts that would be subject to Village Board approval to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5, 2008 meeting. C. 3) REFERRAL — TIME SQUARE PROPERTIES, LLC — SPECIAL USE — DRIVE IN Times Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dogs) has submitted a petition seeking approval of a special use in order to construct a drive in (i.e., drive thru window) at their new restaurant. The requested action was to refer a request for a special use to permit a drive in for the restaurant to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5, 2008 meeting. 4) REFERRAL — TIME SQUARE PROPERTIES, LLC — SPECIAL USE — OUTDOOR DINING Times Square Properties, LLC, the new owner of the property at 2121 Butterfield Road (formerly D's Diggity Dogs) has submitted a petition seeking approval of a special use in order to permit outdoor dining at their new restaurant. The requested action was to refer a request for a special use to permit outdoor dining to the Plan Commission for review at its July 21, 2008 meeting and to the Zoning Board of Appeals for public hearing at its August 5, 2008 meeting. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented E. BUDGET ADJUSTMENTS 1) ADMINISTRATION — SALARIES PART -TIME F. REVISION OF DETENTION AND FLOODPLAIN EASEMENT LOT 7 — GATEWAY SUBDIVISION — 10 GATEWAY LANE The owners of Lot 7 in the Gateway Subdivision (Michael and Tracey Parillo) requested to vacate a portion of the floodplain and detention easement as recorded within the Subdivision Plat, Declaration of Covenants and Restrictions for Gateway VILLAGE OF OAK BROOK Minutes Page 4 of 18 REGULAR MEETING OF JUNE 24, 2008 31 Subdivision, and Floodplain Easement, to accommodate a brick paver patio, additional steps off the rear porch, as well as stone structures for planter boxes and trellis support. This easement was previously amended in 2004 to accommodate part of the rear porch. The Engineering Department has reviewed the site plan submitted which includes sufficient compensatory storage on the lot so that neither floodplain storage nor detention storage is negatively impacted. The requested action was that the Village Board accept and approve the Plat of Easement Vacation for the Detention Easement and Flood Plain Easement on Lot 7 in Gateway Subdivision. G. DU PAGE COUNTY CHILDREN'S AGREEMENT The DuPage County Children's Center was formed under the direction of the DuPage County States Attorney's Office in 1986. The Children's Center has increased the number of criminal investigators to seven and the number of case managers to four. Services have been expanded to include the investigation of severe physical abuse and interviewing children who have witnessed violent crime. The multidisciplinary approach utilized for these cases continues to benefit the child victims and non - offending family members in DuPage County. The primary purpose of the Children's Center is to combat child sexual abuse in the County of DuPage. It is staffed by specialists in the area of coordinating the treatment, service, investigation and prosecutorial components of child sexual abuse cases. The center has been very successful. It has received national recognition and served as a model for other jurisdictions nationwide. The center is funded through annual contributions by all municipalities within DuPage County. Fortunately, the Village of Oak Brook is not a major consumer of their services. On an average, the Village refers one to three cases to the center each year. When the Village has needed them, their services have been invaluable. Child sexual abuse is a heinous crime. The Village of Oak Brook as well as all other municipalities within DuPage County benefits from the expertise of the Children's Center staff. Local law enforcement is very fortunate to have their assistance when dealing with this sensitive but serious crime. The requested action That The Board Authorize The Village President To Execute The Intergovernmental Agreement Renewing The Commitment To The DuPage County Children's Center And Authorize Payment Of The $3000 Contribution For 2008. VILLAGE OF OAK BROOK Minutes Page 5 of 18 REGULAR MEETING OF JUNE 24, 2008 6. H. ORDINANCE 5 -1238 AN ORDINANCE ADOPTING THE PREVAILING WAGE STANDARDS FOR THE VILLAGE OF OAK BROOK, ILLINOIS Pursuant to the provisions of the so- called Prevailing Wage Act, the State requires that each June the Village pass an ordinance adopting the prevailing rate of wages for various trades employed in performing construction on public works within the Village. The Illinois Department of Labor has released statistics relative to such prevailing wage rates for DuPage and Cook Counties. This ordinance adopts those mandated wage rates. The requested action was for passage of Ordinance S-1238, An Ordinance Adopting the Prevailing Wage Standards for the Village of Oak Brook, Illinois. ORDINANCE S -1237, AN ORDINANCE AMENDING ORDINANCE 5 -1165 RELATIVE TO THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK, ILLINOIS — HEALTH INSURANCE The Village Attorney was directed to prepare an ordinance which amends Ordinance S -1165, passed by the Board of Trustees on June 27, 2006 which delineated revisions to the health and dental policies for Village employees. Although it is not required to revise these policies by ordinance, it is necessary to amend Ordinance S -1165 and rescind the language contained therein. U The requested action was for passage of Ordinance S -1237, An Ordinance Amending Ordinance 5 -1165 Relative to the Personnel Manual of the Village of Oak Brook, Illinois — Health Insurance. J. RESOLUTION R -1019, A RESOLUTION SUPPORTING THE CITY OF CHICAGO'S BID FOR THE 2016 OLYMPIC AND PARALYMPIC GAMES The City of Chicago is a US Applicant City for the Olympic and Paralympic Games in 2016. Hosting the Games in the heartland of the country will provide a unique opportunity to enhance the development of Olympic sport in the Midwest and across the nation and provide a significant financial benefit for the area. Cities, counties and other municipalities in the metropolitan Chicago region are anxious to serve the Olympic Movement by embracing and celebrating the Olympic Games. The requested action was for passage of the Resolution R -1019, a Resolution Supporting the City of Chicago's Bid for the 2016 Olympic and Paralympic Games. VILLAGE OF OAK BROOK Minutes Page 6 of 18 REGULAR MEETING OF JUNE 245 2008 6. K. REQUEST WAIVER OF FEES — OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD The Village has received a request from Mr. Stan Motley, Executive Director of the Oak Brook Park District to consider waiver of fees associated with a building permit application to install additional electrical outlets. In the past, the Village has received and approved requests for waiver of fees from entities such as the Oak Brook Community Church, Christ Church of Oak Brook and the Oak Brook Park District. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. The fee for the electrical permit is $225.00. The requested action was to approve waiver of the permit fees for an electrical permit for the Oak Brook Park District in the amount of $225.00. L. REQUEST WAIVER OF FEES — COVINGTON COURT SUBDIVISION I have received a request from the Covington Court Community Association to consider a waiver of the fees associated with a building permit application to replace the subdivision fence. In the past, the Village has received and approved requests for waiver of fees from entities such as the Oak Brook Community Church, Christ Church of Oak Brook and the Oak Brook Park District. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request VILLAGE OF OAK BROOK Minutes Page 7 of 18 REGULAR MEETING OF JUNE 245 2008 waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. The fee for the permit is $575.00. The requested action was to approve a waiver of the permit fees for a fence permit for the Covington Court Subdivision in the amount of $575.00. M. TREASURER'S REPORT — MAY 3112008 Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the consent agenda and authorize expenditures as presented or amended. Roll call vote: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented BOARD & COMMISSION RECOMMENDATIONS A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — SECTION 13 -10 -3 PERFORMANCE STANDARDS (NOISE) At its June 3, 2008 meeting, the Zoning Board of Appeals completed its review and deliberations on a request from the Village of Oak Brook to amend the text to Section 13 -10 -3, Performance Standards, of the Zoning Ordinance. As a result of a 2007 complaint from an Oak Brook resident which involved sound generated by pool equipment, Village Staff determined that the current ordinance standards as they specifically relate to quantifying sound are very difficult to understand and measure. The current Code requires the use of a sound measuring device that measures octave bands. Oak Brook does not have such a piece of equipment. In addition, the octave bands as they are currently drafted would appear to be in conflict with many common devices such as air conditioners, pool equipment, lawn equipment, and personal sound systems. Section 13 -10 -3 of the Zoning Ordinance contains the Village's performance standards for noise, vibration, smoke, odors, etc. These standards have been in place since 1966 when the Village's first Zoning Ordinance was enacted. The primary purpose for these regulations was to establish standards for industrial and commercial uses. VILLAGE OF OAK BROOK Minutes Page 8 of 18 REGULAR MEETING OF JUNE 24, 2008 The Village noise standards appear to match those found in the Illinois Statutes in 35 Ill. Administrative Code. However, the State regulations contain a number of exceptions. One of these exceptions specifically states that the sound level tables do not apply to the land use code 1100, which refers to land used for single - family housing. Therefore, the Village's regulations would appear to be in conflict with the State regulations as it relates to sound complaints generated from residential land uses. The Plan Commission initiated its review on this issue in October 2007. A number of ordinances from other communities were reviewed and were important in developing revised language for the Village of Oak Brook on the sound issue. Recommendation After several meetings, on March 17, 2008, by a vote of 7 to 0, the Plan Commission recommended that the Village adopt amendments to Section 13 -10 -3 of the Zoning Ordinance relative to the issue of sound. In making this recommendation, the Commission found that recommended changes are: consistent with noise level ordinances found in other suburban communities; are reasonable, are measurable, and can be enforced by the Village; and the additional provisions address situations previously not mentioned in the current Village Code and should benefit the public, safety and welfare of the community. The Zoning Board of Appeals held the required public hearings on the proposed amendments. On June 3, 2008, by a vote of 7 to 0, the Zoning Board of Appeals concurred with the recommendation of the Plan Commission for approval of proposed amendments to the text of Section 13 -10 -3 of the Zoning Ordinance Section 13- 10 -3A, Performance Standards, Noise with one exception. The Zoning Board recommended that the maximum daytime decibel levels be increased by five to account for the significant ambient noise levels that exist in Oak Brook. The revised /added language to the amendment as proposed is bolded, underlined and italicized. Deleted proposed language has a strikethrough. Performance Standards: Any use established in any zoning district the OR "' , nn A 2 or OR A 2 .. f fife res ear- embl y distr:e shall be operated so as to comply with the performance standard regulations prescribed in this section. -- and no use lawfully established on the effeetive date hereof shall be hereafter- altered or modified so as to eonfliet with, or- further- eonfliet with, sueh performan A. Noise: Sound levels shall be measured with a sound level meter and assoeiated octave band fil manufactured according to standards prescribed by the American National Standards assoeiati Institute (ANSI). Measurements shall be made using the flat netwo"'' of the Sound '^v'^' a digital decibel meter. VILLAGE OF OAK BROOK Minutes Page 9 of 18 REGULAR MEETING OF JUNE 24, 2008 Impulse -type noises shall be subject to the performance standards prescribed in this section, p7ro//..vided that such noises shall be capable of being accurately measured, en/'1 for- a purpose of this se` ion, shall be the -., ,, ,,. nn whie i ��_�,��i rapid fl ets�n� the needle ei_ the sound level meter- with n L (ii[.7 AZT �IrG Il VLVl with N vairiation of no more than plus es• m;ss,sa two (Q) deeibelo Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plant (other than background noises produced by sources not under control of this section, such as the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the table below: Sound/Noise Level Table Maximum Permitted Decibel (DBA) Levels Time of Day Residential Commercial Industrial Between 7 am and 7 pm 65 dba 70 dba 70 dba Between 7 pm and 7 am 55 dba 60 dba 65 dba (Add the following language) Noise — General Requirements 1. All sound measurement readings must be set up not less than 25 feet (7.6 meters (m)) from the property- line - noise - source. The 25 -foot (7.6 m) setback requirement is from the noise source and not the property line of- unless the noise source is contiguous to the property line. 2. Activities exempt from these provisions include the operation of motor vehicles or other transportation facilities; snow removal equipment; church bells /chimes; residential air conditioning units (installed and operating in accordance to manufacturer's specifications). and pool p.,mps/he ting equi pment (installed „nd opefa inn in aeeer- nnee to manuf-aetur -er-s speei fieatiens) 3. Unnecessary Noise Standards: The following activities are declared to be loud, disturbing and unnecessary noises in violation of this ordinance. a. Horns and Signaling Devices — The sounding of any horn or signaling device on any automobile or other motor vehicle on any street or public place of the Village except as a danger warning. b. Animals or birds — The keeping of any animal or bird which, by causing frequent or continued noise, shall disturb the comfort or repose of any persons in the vicinity. VILLAGE OF OAK BROOK Minutes Page 10 of 18 REGULAR MEETING OF JUNE 245 2008 c. Exhausts — The discharge into the open air of the exhaust of any engine, stationary combustion machine, generator, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud noises there from. The use of emergency generators and other back up power sources would not apply to reasonable use during an emergency situation or during testing. d. Loading — The creation of loud and excessive noise in connection with loading or unloading any of vehicles. 4. Additional Requirements — Lawn Mowing /Maintenance — It shall be unlawful to cause or make loud noise through the operation of lawn maintenance equipment including, but not limited to lawn mowers, lawn blowers and tractors before 7 a.m. and after dusk on any day during the week. This restriction shall not apply to golf course, Park District or Forest Preserve maintenance operations. It was recommend that the Village Board consider adding a loud music provision to the Police Regulations portion of the Municipal Code. Motion by Trustee Sanford, seconded by Trustee Wolin, to concur with the recommendation from the Plan Commission and Zoning Board of Appeals and approve the requested text amendments to 13 -10 -3 Performance Standards (Noise) of the Zoning Ordinance and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the July 8, 2008 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. B. BOARD OF FIRE AND POLICE RECOMMENDATION — FIRE & POLICE TESTING Per the request of the Board of Fire and Police Commissioners (BFPO), a Request for Proposal (RFP) was prepared by staff, published in the Daily Herald on April 24, 2008, posted on the Village's website and sent to various firms which conduct testing services. Along with the customary areas examined in the RFP process, the highest priority for the BFPC is the firm's experience with addressing the multi -level rank positions in the Fire and Police Departments. Three separate firms did submit materials in accordance with the RFP Those firms included: C.O.P.S. and F.I.R.E. Personnel Testing Service VILLAGE OF OAK BROOK Minutes Page 11 of 18 REGULAR MEETING OF JUNE 24, 2008 • Resource Management Associates • Stanard & Associates, Inc. After careful review of the RFP responses by staff and the Commissioners, it was determined that C.O.P.S. and F.I.R.E. Personnel Testing Services' RFP response was incomplete and did not fully meet the minimum standards described in the RFP. Subsequently, an analysis of the two remaining respondents was provided to the BFPC by staff to pinpoint particular criteria and experience desired. While the difference in estimated costs is negligible, $64,537.50 for Resource Management Associates and $63,725 for Stanard & Associates, Inc., and comments from references were all very positive, the BFPC, in a two -to -one vote decided that the larger variety of testing experience Stanard & Associates, Inc. possesses places them as the more qualified contractor. The Board of Fire and Police Commissioners and the Village Staff acknowledge that the work product as well as the entire experience of working with Stanard & Associates, Inc. has been highly professional over the past several years. Based on the RFPs submitted, the BFPC and staff recommend Stanard for the upcoming Fire and Police Testing processes, which include, but are not limited to, the following: • Police Sergeant Promotional Process to be undertaken upon approval of this recommendation (current list expires August 18, 2008) • Fire Battalion Chief Promotional Process to be undertaken upon approval of this recommendation (current list expires September 8, 2008) • Entry -Level Firefighter /Paramedic Process to be undertaken late Summer, 2008 (current list expires January 3, 2009) • Police Lieutenant Promotional Process to be undertaken Spring, 2009 (current list expires July 13, 2009) • Entry -Level Police Officer Process to be undertaken late Summer, 2009 (current list expires January 10, 2010) • Fire Lieutenant Promotional Process to be undertaken in January, 2010 (current list expires May 10, 2010) Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board, consistent with the recommendation of the Board of Fire and Police Commissioners, direct the Village Manager to engage Stanard & Associates, Inc. to assist with developing and administering the Fire and Police testing for entry -level as well as promotional processes. 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 12 of 18 REGULAR MEETING OF JUNE 24, 2008 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS — None presented C. AWARD OF CONTRACTS — None presented 10 NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS — None presented C. AWARD OF CONTRACTS 1) UNIT 515 TRANSMISSION REPAIR Unit 515 is Public Works' sole rubber -tire front -end loader that was purchased new from McCann Industries in 1999. The unit is used for loading a variety of materials including; highway salt, stone, dirt, spoil /debris, is our key piece of equipment for moving heavy unwanted (tree limbs /tree trunks, debris) objects off the roadway or wrenching /towing wanted objects (vehicles) back onto the roadway. A few weeks back, we noticed that the transmission fluid was running warmer than normal. Subsequently, we had the unit inspected and it was determined by both McCann and Case (the well -known heavy equipment manufacturer), technicians that the transmission would have to be replaced as it was only a matter of time before the transmission broke down completely. Being just nine years old, mid -age for a piece of construction equipment, especially one that is not used every day, we started discussions with McCann and Case making the argument that the transmission, serviced over the years per manufacturer's specifications, and despite being out of warranty, should last much longer than nine years. McCann tends to agree and have reduced their repair cost 15 %, - bringing the total down to approximately $18,400. Case, on the hand, is not so inclined - not yet anyway - and is withholding judgment on any remanufactured transmission discount until the existing transmission is fully disassembled and inspected. Consequently, the ultimate expense might not reach the estimated $18,400. Finally, monies had been approved at the June I 01 Board meeting and transferred into the Garage Fund in anticipation of this expense as well as other non - related fuel cost budget overages. VILLAGE OF OAK BROOK Minutes Page 13 of 18 REGULAR MEETING OF JUNE 24, 2008 10. C. 1) Motion by Trustee Wolin, seconded by Trustee Saiyed, that a purchase order be issued to McCann Industries of Addison, Illinois in the estimated amount of $18,400 for transmission repair on the Street Department's Unit 515 front -end loader. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. D. TASTE OF OAK BROOK UPDATE Trustee Manofsky reported on the July 3 event which would include eight local restaurants serving until 9:00 p.m. with fireworks at 9:30. McDonalds Corporation is sponsoring the event. In addition there will be an all Butler Junior High reunion. E. PARKING /VEHICLE AND PEDESTRIAN CONTROL AND CONCESSIONAIRE SERVICES FOR THE 2008 FOURTH OF JULY FIREWORKS EVENT For the past several years, the Bath and Tennis staff have reviewed the costs, risks, and initiated new ways to measure the overall expenses of the Independence Day event as these costs relate to the Village of Oak Brook. As such, staff is recommending that based on knowledge gained through these efforts, that the Village contract with a third party with experience with our facility for both the concessionaire service and parking and field set -up service. In 2004, the Village utilized RB Enterprises for Valet Services and Field Set -up for the Independence Day event. In addition, RB Enterprises also served as the concessionaire for the event. In addition to the standard procedures, staff also added ticket sales for all food and beverage sales as an accounting measure to gage sales and determine relative risk for the Village should we decide to take on the full operations. Although this exercise gave the Village a better understanding of where profits were made on concessions, it also demonstrated the risk involved in the operations should the event fall on cold or inclement weather. The result was that the Village lost approximately $250.00 on Concession Sales after adding in the Village Novelty commission of approximately $1,000.00, not including staff labor (This was also the result of the guarantee the Village provided RB Enterprises, the concessionaire, of $5,250 in sales; total ticket sales were $4,000.00). Valet Parking Services: In 2005 staff prepared a Scope of Services in order to solicit proposals from companies that perform valet services as well as field set -up including safety lighting and generators. The total cost for this service was approximately $20,000 in 2004. As a result of the 2005 RFP, two separate proposals were received and upon staff VILLAGE OF OAK BROOK Minutes Page 14 of 18 REGULAR MEETING OF JUNE 245 2008 recommendation, the Village Board approved the proposal from RB Enterprises in the amount of $22,945.00. Note, Parking Concepts Inc. of Lincolnwood was the second bidder in 2005 and although their proposal was less than RB Enterprises, RB's proposal was much more complete in terms of the type of equipment provided for barricading and communications as well as overall experience with parking /valet services and field set -up for a venue of our size. Since 2005, the village has continued to use RB Enterprises. Last year's cost was the same as his 2005 contract, $22,945.00. As with the past few years, we did not solicit competitive bids primarily because of the complication of adding the Taste of Oak Brook event to this year's fireworks show. The cost is higher this year primarily because of the cost of also providing services to the Taste of Oak Brook in addition to the fireworks show. Staff would recommend that whether the village continues the Taste of Oak Brook next year or just does a fireworks show that we solicit for competitive bids for these services. Motion by Trustee Manofsky, seconded by Trustee Carson, that the Village of Oak Brook waive competitive bidding for contracts for Parking and Traffic Control Services in the amount of $29,344.00 and Concessionaire Services, with commissions paid to the Village on Concession sales, both with RB Enterprises for the 2008 Taste of Oak Brook. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. F. 2008 POLO LICENSE AGREEMENT The 2008 Polo License Agreement has been revised and has been reviewed by Village Attorney Mark Sterk. In addition, Karen Martino, Polo Coordinator for the Village of Oak Brook, and Don Healey, Leasee and organizer of Oak Brook polo matches, Oak Brook polo matches are comprised of Chicago International Polo that include organizations that have their own fields but travel to compete. For 2008, Healey has agreed to increase the fee for each game from $750 to $850. Also, please note that under section ten, the renewal section we have added language that both parties will be looking to negotiate a new agreement. We have had discussions with Healey about completely taking over the village's polo agreement next year. The village would not have any significant expenses, such as Karen Martino's fees and in turn Healey would receive the revenues from admissions and sponsorships. VILLAGE OF OAK BROOK Minutes Page 15 of 18 REGULAR MEETING OF JUNE 24, 2008 Motion by Trustee Manofsky, seconded by Trustee Carson, to approve the revised License Agreement between the Village of Oak Brook and Donald Healy, Polo Club. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. G. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER As required by State statutes, a 2007 Comprehensive Annual Financial Report (CAFR) for the Village of Oak Brook as well as a "Report to the Board of Trustees" from the Village's auditor, Mc Gladrey & Pullen, related to the recently completed 2007 audit is presented. It is appropriate that these documents be accepted by the Village Board and placed on file for public inspection. As is done each year, we intend to submit the annual report to GFOA for consideration for the Certificate of Achievement for Excellence in Financial Reporting. If received, it will mark the 31St consecutive year that the Village has attained this recognition. The audit communication report that is included in your packet is recently required under generally accepted auditing standards. This letter is intended to inform the Village Board about significant matters related to the conduct of the annual audit so that the Board can appropriately discharge its oversight responsibilities. As the letter indicates, there were no significant issues that came up during the audit. What is unusual, however, is the fact that during the course of the audit there were no audit adjustments made by the auditors to the trial balances given by the Village's staff. This is a very rare occurrence and demonstrates the high quality of work performed by the entire accounting staff, most notably Sharon Dangles, Assistant Finance Director and David Zima, Accountant. In addition to the CAFR and "Report to the Board of Trustees ", in most years the auditors issue what is commonly referred to as a "Management Letter ", which is used to disclose problems, loose accounting practices, suggestions for improvement, etc. The auditors did not issue a Management Letter this year due to the high quality of work and internal controls here at the Village, which is a very unusual occurrence and also something the Village should be proud of. Motion by Trustee Manofsky, seconded by Trustee Sanford, that the Village Board accept the 2007 Comprehensive Annual Financial Report and it on public file. 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 16 of 18 REGULAR MEETING OF JUNE 24, 2008 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT President Craig complimented those who worked on the Ethics Ordinance. He also announced a Town Hall meeting to discuss the Friary and the Oak Brook Bath and Tennis Club. B. VILLAGE MANAGER Manager Niemeyer congratulated staff on their work with Trustee Manofsky for the Taste of Oak Brook and the Finance Department for their work managing the Village's Finances. C. VILLAGE CLERK Clerk Pruss reminded residents about the Wednesday Luncheon Buffet at the Bath & Tennis Club. She also suggested that while college students were home for the summer that they should come in and register vote. The Clerk's office also has information on absentee voting. 12 ADJOURN TO CLOSED MEETING 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 (2c 11) Motion by Trustee Sanford, seconded by Trustee Saiyed, to adjourn to closed meeting 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 (2c 11). ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. The meeting was adjourned to Closed Meeting at 8:21 p.m. 13. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Sanford, to adjourn the Regular Meeting of June 24, 2008 at 9:30 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 17 of 18 REGULAR MEETING OF JUNE 24, 2008 ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 18 of 18 REGULAR MEETING OF JUNE 24, 2008