Minutes - 06/27/2006 - Board of TrusteesMINUTES OF THE JUNE 275 2006 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS FURTHER AMENDED ON
SEPTEMBER 12, 2006.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:33
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif
Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; Kenneth T. Kubiesa, Village Attorney; Margaret Klinkow, Library
Director; Darrell J. Langlois, Finance Director and Thomas Sheahan, Chief of Police.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan reminded residents that it was summer and there were many children
playing outdoors and asked drivers to be cautious.
He reported on a meeting with Illinois Transportation Secretary Martin along with Mayor
Mazaika of Oakbrook Terrace. Village Manager Boehm and Oakbrook Terrace Village
Manager, Marty Bourke were also in attendance. The discussion detailed the impact of
expansion or lack of expansion of 22nd street of which Secretary Martin had a full
understanding. However, Secretary Martin indicated that he was unable at this time to
commit funds for this project, but he left the door open for further meetings and
discussions as grant monies became available. President Quinlan indicated that he felt it
was a solid first step, but that it was simply a first step in one of many.
President Quinlan announced that Phase I of the Library landscaping had been completed.
He also reported on the Beautification Project public hearing. He added that the concept
plans were available on the Village website for those who were not able to attend the
meeting. He encouraged residents to use the website to find out what was happening in
the Village.
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RESIDENT /VISITOR COMMENT
Mr. Tobin Richter, an attorney representing resident Michael Zubi, addressed the Board
asking that the Agenda Item relative to Beard's Resubdivision No. 2 be taken off of the
Consent Agenda. He indicated that Mr. Zubi would like the opportunity to make a
presentation of objections to the Resolutions. He asked that it be returned to the Plan
Commission for consideration of the concerns of Mr. Zubi.
Resident, Mr. Terry O'Malley made accusations relative to e -mails and e -mail accounts.
President Quinlan responded that the issue had been referred to the State's Attorney for
further investigation.
Employee, Randy Mucha responded to Mr. O' Malley's current comments and previous
comments.
Trustee Aktipis expressed concern relative to information that might result in a large
financial impact to the Village. He asked that the issue be discussed in the Closed
Meeting. President Quinlan responded that a Closed Meeting is exactly where such a
topic should be discussed.
APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of June 13, 2006
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the Minutes of
the June 13, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Yusuf asked that Agenda Item 6.A.2) Impact Forensics - Payout #1 & Final -
$18,820.00 and Agenda Item I. Resolution R -943, A Resolution Approving a Plat of
Easement Vacation for Beard's Resubdivision No. 2 - and - Resolution R -944, A
Resolution Approving the Final Plat Known as Beard's Resubdivision No. 2 and Granting
Certain Waivers and Variations from the Provisions of Section 14 -6 -3 of Title 14
( "Subdivision Regulations ") of the Village Code of the Village of Oak Brook Relative to
Location of Water Service Lines and Sanitary House Service Sewer Stubs, and Relative to
Sidewalks and Street Lighting be removed for further discussion.
A. Accounts Payable for Period Ending June 23, 2006 - $1,059,498.06
Significant Items included in Above:
VILLAGE OF OAK BROOK Minutes Page 2 of 10 June 27, 2006
6. A. 1) DuPage Water Commission - $163,410.33
3) Legat Architects — Village Hall /Library HVAC Screening - Payout #5 - $281.60
4) Legat Architects — Village Hall /Library HVAC Screening - Payout # 6 - $961.05
5) Brothers Asphalt Paving - 2006 Paving Project — Payout #2 - $452,011.05
6) SKC — 2006 Crack Sealing Project — Payout #1 and Final - $
7) JJR, LLC — Library Landscape Design — Payout #2 - $1,408.58
8) Davey Tree Experts — Annual Tree Pruning — Payout #I & Final - $35,610.00
B. Approval of Payroll for Pay Period Ending June 17, 2006 - $751,103.21
C. Community Development Referrals
1) Ashley Chase Subdivision — 4 & 5 Oak Court — Two lot subdivision — Final Plat
with Plat of Vacation
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Budget Adjustments
F. Treasurer's Report — May 31, 2006
G. DuPage Metropolitan Enforcement Group — Annual Contribution
H. DuPage County Children's Center Agreement and 2006 Contribution
J. Acceptance of the 2005 Comprehensive Annual financial Report and Management
Letter
K Dana Park Subdivision — Reduction in Subdivision Security
L. Palumbo Water Main & Sanitary Sewer Easement — 125 Breakenridge Farm — Plat of
Abrogation and Plat of Easement
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. A. 2) IMPACT FORENSICS - - PAYOUT 91 & FINAL - $18,780.00
A payout was requested from the Chief of Police for a bill in the amount of
$18,780.00 to Impact Forensics for an internal investigation prompted by a formal
written citizens' complaint. It came to the attention of the Village Manager that
the usual and customary purchasing practices of the Village were not followed
The Chief of Police responded that he sought outside assistance based on the
Chief of Police's authority to hire outside investigators or forensic specialist for
internal investigations.
Trustees Kennedy, Sanford and Yusuf expressed serious concern for the violation
of the policies that are in place to prevent budget overruns. It was felt that Chief
Sheahan grossly exceeded spending limits for a non life - safety issue. Comment
was made that the Village should not be obligated to pay the bill since the
VILLAGE OF OAK BROOK Minutes Page 3 of 10 June 27, 2006
7. 6. A. 2)
Department Head did not have the authority to obligate the Village to this extent.
The Village Attorney's opinion was sought as to whether the Village was legally
bound to pay this bill. Attorney Kubiesa indicated that he would need to research
the matter before he gave an opinion.
Trustee Aktipis commented: "If we have an elected public official that is
responsible for some of the issues that are being created and leading this Village
towards a great responsibility for paying enormous legal fees and enormous
compensation to other (i.e. parties that have sued or are going to sue the Village),
the last thing that the Police Chief would have wanted to do would have been to
inform every member of the Village Board of his investigation." Trustees
Aktipis, Craig and Manofsky felt that there were confidential issues that mitigated
the actions of the Police Chief who sought to protect the Village from financial
liability. Their position was that since the investigation covered what could have
included criminal charges that seeking approvals through memos that could
possibly be released was inappropriate
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to continue this issue to
the July 11, 2006 meeting pending legal counsel's opinion regarding the Village's
obligation to pay this invoice. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Trustee Aktipis abstained from voting. An abstention becomes part of the
prevailing vote.
6. I. RESOLUTION R -943, A RESOLUTION APPROVING A PLAT OF EASEMENT
VACATION FOR BEARD'S RESUBDIVISION NO. 2 - AND - RESOLUTION R-
944, A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS BEARD'S
RESUBDIVISION NO. 2 AND GRANTING CERTAIN WAIVERS AND
VARIATIONS FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14
( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK RELATIVE TO LOCATION OF WATER SERVICE
LINES AND SANITARY HOUSE SERVICE SEWER STUBS, AND RELATIVE
TO SIDEWALKS AND STREET LIGHTING
During the Resident /Visitor Comment segment of the meeting a resident asked that
the Village Board reconsider the approval of this action and return it to the Plan
Commission for further review. Comment was made that this topic has been
thoroughly discussed and action taken during the last meeting and prior to that the
Plan Commission had thoroughly considered it and recommended the action.
Unfortunately the Community Development Director was not in attendance to
provide advice to the Board nor was the petitioner in attendance.
VILLAGE OF OAK BROOK Minutes Page 4 of 10 June 27, 2006
7. 6. I.
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to continue this topic to
the July 11, 2006 meeting in order to receive advice of counsel and the Community
Development Director, Bob Kallien and to direct the Village Manager to inform the
parties involved so that they had ample time to prepare. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS — None presented.
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
1) AN ORDINANCE ASCERTAINING THE PREVAILING RATE OF WAGES
FOR LABORERS, WORKERS AND MECHANICS EMPLOYED IN PUBLIC
WORKS IN THE VILLAGE OF OAK BROOK, DUPAGE AND COOK
COUNTIES, ILLINOIS
Pursuant to the provisions of the so- called Prevailing Wage Act, the State requires
that each June the Village pass an ordinance ascertaining the prevailing rate of
wage 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.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, for passage of
Ordinance S -1164, An ordinance Ascertaining the Prevailing Rate of Wages for
Laborers and Mechanics Employed in Public Works in the Village of Oak Brook,
DuPage and Cook Counties, Illinois. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTIONS 7,8A
VILLAGE OF OAK BROOK Minutes Page 5 of 10 June 27, 2006
10. B. 2)
AND 17 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK,
ILLINOIS RELATIVE TO SPECIAL EVENT LIQUOR LICENSE
The Village Clerk's office has received an increase in special event liquor license
applications in 2005. In reviewing the Village Code relative to these licenses,
staff has recommended that the Special Event Liquor License Section of the
Village Code be revised due to the increase in license requests and time involved
by staff to process the applications.
Staff recommends that a special event license shall last no longer than three (3)
days as previously the license was issued for one day. The license fee is $100.00
for ten (10) special events in one year whereas previously a fee was charged for
each event according to the number of attendees. The recommendation further
requires that all alcohol servers be BASSET or TIPS trained and a copy of their
certificate enclosed with the application. A new Class F License has been
designated for the Special Event Liquor License.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of
Ordinance G -805, An Ordinance Amending Title 4, Chapter 1, Sections 7, 8A
and 17 of the Village Code of the Village of Oak Brook, Illinois Relative to
Special Event Liquor License. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS — None presented.
D. LIBRARY FOUNDATION MEMORIAL PLAQUE
The Oak Brook Public Library Foundation has designed a plaque honoring Village
residents who were directly involved in the construction project of the Library from
the 1990s to the opening of the Library on March 9, 2002. Those individuals named
on the plaque have given their written consent to be listed. The Foundation has also
received an endorsement for this work from the Library Commission and the Friends
of the Oak Brook Public Library.
Barbara Benezra addressed the Board as a member of the Library Foundation. She
explained that the initial goal of the Foundation was to raise substantial funds to build
a new library and currently is raising funds for additional improvements for the
Library. The Foundation has wanted to honor the residents who were directly
involved in the construction project. The timeframe for involvement of the project
was from 1996 when the referendum passed through March 2002 when the building
VILLAGE OF OAK BROOK Minutes Page 6 of 10 June 27, 2006
10. D.
was completed.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, that the Board of the Village
of Oak Brook accepts the Oak Brook Public Library Foundation's Library Memorial
Plaque honoring the Village residents who worked to erect the Oak Brook Public
Library. The Foundation will bear all costs of this endeavor and will supply the
bronze plaque that will be mounted on the exterior north front wall of the Library.
VOICE VOTE: Motion carried.
10. E. RATIFICATION OF HEALTH INSURANCE AGREEMENT FOR THIRD PARTY
ADMINISTRATOR AND STOP LOSS INSURANCE FOR THE 2006/2007
A memorandum was circulated to the Village Board for a poll vote on June 20, 2006.
The memorandum highlighted the present conditions that led Village staff to review
various alternatives for the provision of Health Benefits which also was a staff
objective set within the 2006 Budget.
To renew under the Village's current plan with Group Administrators as the TPA and
Cairnstone as the Stop Loss provider, the Village would have experienced between a
26% to 33% increase in premiums (the range is based on the level at which the
Village would fund the large claim lasers). The recommendation from staff for Blue
Cross Blue Shield of Illinois as TPA and Stop Loss providers will result in a 6%
premium increase (in 2005 the Village experienced a 23% increase on the Health
Premiums). The major difference in renewals is solely attributed to the discounts
projected with the BCBS plan along with the expansion of, and the push to use, in-
network providers. There is no cost increase to the Village for renewal.
Village staff has met with representatives from both the police and fire unions, the
Oak Brook Park District, and held individual department meetings to explain the PPO
network differences, transitional concerns, and benefit changes. These meetings have
been beneficial in explaining the entire program and the Village's move toward this
option appears to have been embraced by the vast majority, if not all, of the
employees.
Trustee Kennedy and President Quinlan complimented Jeff Moline and staff on the
job done negotiating the contract and holding down the premium increases as well as
they did.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to ratify the June 20, 2006
approval of a Contract with B1ueCross Blue Shield of Illinois for Third Party
Administrator (TPA) Service and Stop Loss Insurance for the Plan Year July 1, 2006
through June 30, 2007 and approval of a renewal with VSP Insurance for Eye Care
Coverage. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 7 of 10 June 27, 2006
10. E.
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. AN ORDINANCE AMENDING ARTICLE V OF THE PERSONNEL MANUAL
OF THE VILLAGE OF OAK BROOK
This Ordinance amends Article V of the Personnel Manual of the Village of Oak
Brook relative to text changes in Section 5.12A regarding regular part-time
employees who elected to participate in the Group Vision Care Plan prior to June 30,
2006. The three (3) current Part-time Employees that have elected coverage will be
grandfathered as employees under the plan, but no additional part- timers will be
allowed to elect coverage. Part-time employees that elect to enroll pay 100% of the
premium for single, single plus 1, of family coverage respective of their dependents
situation. Further, this Ordinance changes the commencement of medical coverage
from the 91 St day of employment to the 61St , which is more in line with what most
plans are offering and closes the lapse new employees would need to cover with
COBRA. Both of these changes reflect the language of the new coverages for the
2006 Health Plan year with Blue Cross Blue Shield of Illinois
Motion by Trustee Kennedy, seconded by Trustee Yusuf, for passage of Ordinance S-
1165, An Ordinance Amending Article V of the Personnel Manual of the Village of
Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
G. INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK
BROOK AND THE OAK BROOK PARK DISTRICT FOR A JOINT PROGRAM
FOR HEALTH BENEFITS AND FOR THE ADMINISTRATION OF SUCH
PROGRAM
For years, the Village of Oak Brook has allowed the eligible employees of the Oak
Brook Park District to piggyback on the Health Insurance that is secured and
administered by the Village. The logic behind this arrangement has been that by
pooling the lives under both employers, an overall lower cost can be arrived at for
health insurance which is ultimately paid for by largely the same group of taxpayers.
The agreement simply recognizes and satisfies the need to formalize this relationship.
This agreement was drafted by the Village Attorney and has been shared with and
was approved by the Oak Brook Park District at their meeting on June 22, 2006.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve an
VILLAGE OF OAK BROOK Minutes Page 8 of 10 June 275 2006
10. G.
Intergovernmental Agreement between the Village of Oak Brook and the Oak Brook
Park District for a Joint Program for Health Benefits and for the Administration of
Such Program. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — President Quinlan encouraged residents to participate in
the Independence Day Celebration and Fireworks on July 3.
B. VILLAGE MANAGER — Manager Boehm expressed his appreciation of the
recognition of staff from the Board particularly of Jeff Moline relative to the
insurance issues. He added that where most companies are experiencing double digit
increases in health insurance premiums, the Village was able to hold the increase to
about 6% although the initial proposal would have been a 23% increase is costs for
health benefits.
Manager Boehm announced that the rain date for the Fireworks would be July 4"'
C. VILLAGE CLERK — No report was given.
12. ADJOURN TO CLOSED MEETING
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn to Closed Meeting at
8:28 p.m. to consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body 2.c.1) and 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 Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
President Quinlan informed the press that no final action was expected to be taken.
13. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 9:26 p.m. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 9 of 10 June 27, 2006
13. ATTEST:
s /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 10 of 10 June 27, 2006