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Minutes - 07/10/2007 - Board of TrusteesMINUTES OF THE JULY 10, 2007 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 24, 2007. 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 7:33 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: Jeffrey P. Moline, Acting Village Manager; James Bodony, Fire Chief; Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Darrell J. Langlois, Finance Director; Michael J. Meranda, Public Works Director and Thomas Sheahan, Chief of Police. 3. PRESIDENT'S OPENING COMMENTS President Craig called for a change in the format of the Agenda and asked for a motion to adjourn to Closed Meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1), specifically to consider the hiring of an Acting Village Manager. Motion by Trustee Manofsky, seconded by Trustee Wolin to adjourn to Closed Meeting under exemption (2c 1) to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 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 1 of I 1 JULY 10, 2007 3. President Craig adjourned to Closed Meeting at 7:37 p.m. indicating that they would return to the meeting very shortly. President Craig reconvened the meeting at 7:48 p.m. 4. RESIDENT /VISITOR COMMENT Resident Mary Ann Mazukelli addressed the Board concerning a petition signed by 27 Saddlebrook residents to reduce the speed limit on 35"' Street from 30 miles per hour to 25 miles per hour. They also suggested stop signs to slow traffic and a "no passing" double yellow line. President Craig referred this item to the Village Attorney and staff. Resident Asif Yusuf addressed the Board and thanked Jeff Moline for his service and dedication and skills to the Village of Oak Brook. He encouraged the Board to move forward to maintain stability of the administration of the Village. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF JUNE 4, 2007 Motion by Trustee Kennedy, seconded by Trustee Wolin, to approve the Minutes of the June 4, 2007 Special Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF JUNE 12, 2007 Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the Minutes of the June 12, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. C. SPECIAL COMMITTEE -OF- THE -WHOLE MEETING OF JUNE 259 2007 Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Minutes of the June 25, 2007 Special Committee -of -the -Whole Meeting as presented. VOICE VOTE: Motion carried. D. REGULAR BOARD OF TRUSTEES MEETING OF JUNE 26, 2007 Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Minutes of the June 26, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 2 of I I JULY 10, 2007 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 July 6, 2007 - $246,092.40 B. Approval of Payroll for Pay Period Ending June 30, 2007 - $719,300.51 C. Community Development Referrals 1) InSite Oak Brook Limited Partnership - 1603 16th Street - Variation 2) Oak Brook Park District - Dean Property - 115 Canterberry Lane D. Authorization to Seek Bids or Proposals or Negotiate Contracts - None presented E. Budget Adjustments - None presented F. Ordinance S -1200, An Ordinance Granting a Variation From the Provisions of Section 13- 11 -7A.5 of Title 13 (Zoning Regulations of the Village Code of the Village of Oak Brook Relative to Ground Sign In Retail /Commercial Developments Containing Less than Ten (10) Acres - Oaks Improvements, LLC c/o DLC Management Corp by Mid - America Asset Management — 1600 16th St. G. Resolution R -984, A Resolution Authorizing the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak Brook Board of Trustees 12 -13 -05 and 01- 10-06 H. Tuscan Woods Subdivision Acceptance of Subdivision Improvements and Reduction in Subdivision Security I. Request Waiver of Fees - Oak Brook Park District - 1450 Forest Gate Road J. Resolution R -983, Corporate Authorization Resolution K. Authorization to Pay Assessment for Participation in the Westmont Command Vehicle L. Approval of Trial for Podcasts of Village Board Meetings through VOB Website M. Ordinance G -839, An Ordinance Amending Section 7 -1 -1320 (Parking Fines) of Chapter I (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook. Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the Consent Agenda and authorize expenditures as presented. 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 8. BOARD & COMMISSION RECOMMENDATIONS - None presented 9. UNFINISHED BUSINESS VILLAGE OF OAK BROOK Minutes Page 3 of 11 JULY 10, 2007 9. A. CONFIRMATION OF APPOINTMENTS 1) PLAN COMMISSION - JOHN SKUBIAK - CONTINUED FROM JUNE 26, 2007 President Craig suggested that a review of the appointment process be conducted by himself and one trustee. He asked that Trustee Carson assist with this review. Motion by Trustee Kennedy, seconded by Trustee Sanford, to continue the appointment of Mr. Skubiak until a meeting in August when, and after the review of the appointment process has concluded and has been shared with the Village Board. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -837, AN ORDINANCE INCREASING THE MUNICIPAL RETAILERS' OCCUPATION TAX AND SERVICE OCCUPATION TAX AND AMENDING SECTIONS 5 -7 -1 AND 5 -7 -2 OF CHAPTER 7 (MUNICIPAL SALES TAXES) OF TITLE 5 (MUNICIPAL TAXES) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS Per action taken by the President and Board of Trustees at their June 25, 2007 Committee of the Whole Board Meeting, the Legal Department has been directed to prepare the an Ordinance which amends Sections 5 -7 -1 and 5 -7 -2 to reflect the change from one - fourth of one percent (1/4 of 1%) to one -half of one percent (1/2 of 1%). The amendments in the combined sales tax rate will increase from seven percent (7 %) to seven and one quarter percent (7.25 %), effective January 1, 2008. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -837, An Ordinance Increasing the Municipal Retailers' Occupation Tax and Service Occupation Tax and Amending Sections 5 -7 -1 and 5 -7 -2 of Chapter 7 (Municipal Sales Taxes) of Title 5 (Municipal Taxes) of the Village Code of the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried 2) ORDINANCE G -838, AN ORDINANCE AMENDING ARTICLE A (VILLAGE MANAGER) OF CHAPTER 5 (APPOINTED VILLAGE OFFICIALS) OF TITLE 1 (ADMINISTRATION) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO POWERS OF INTERIM VILLAGE MANAGER VILLAGE OF OAK BROOK Minutes Page 4 of 11 JULY 101 2007 9. B. 2) This Ordinance amends Title I of the Village Code to add a new section to establish the powers of an Acting, Interim or Temporary Village Manager for the Village of Oak Brook as directed by voice vote of the Village Board on July 3, 2007. Trustee Kennedy indicated that the Ordinance did several things. It restricts the authority of a Temporary Manager to hire, fire, reassign or discipline any employee without the prior approval of the Village Board, reduces spending authority from $10,000.00 to $5,000.00 and confirms that the Temporary Manager shall have no authority to modify the organization structure, job descriptions or budget authorizations of the Village without prior approval of the Board of Trustees at a Regular or Special Meeting. An amendment to technical language was made and an addition to exempt "seasonal hires" by the Village Attorney and accepted by the Village Board. Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of Ordinance G -838, Ordinance Amending Title 1, Chapter 5A of the Village Code, Village Manager, to include a new Section 5, Powers of an Acting, Interim, or Temporary Village Manager. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) REVISED PROPOSED ORDINANCE FOR CITIZENS ADVISORY COMMITTEE President Craig suggested that this matter be deferred to a future meeting after a permanent Village Manager is appointed. Motion by Trustee Kennedy, seconded by Trustee Sanford to defer this matter to a future meeting after a permanent Village Manager is appointed. VOICE VOTE: Motion carried. C. AWARD OF CONTRACTS 1) FINANCIAL ACCOUNTING SYSTEM - SOFTWARE REPLACEMENT The Village Board, at its meeting of February 27, 2007, awarded a contract to the Conlon Group, Inc. (CGI) to provide consulting services for our Financial Software replacement project, to include needs analysis, RFP preparation, vendor evaluation and contract negotiations. The software RFP was released to prospective vendors on April 4th. Five vendors submitted proposals on April 27th: VILLAGE OF OAK BROOK Minutes Page 5 of I 1 JULY 10, 2007 9. C. 1) 1. Civic Systems 2. Harris Computer Systems - Gems 3. Information Development Consultants (IDC) — 4Gov 4. Tyler Technologies - Munis 5. Sungard /Pentamation Initial staff review produced a shortlist of three vendors - IDC, Pentamation, and Tyler /Munis — each of whom presented full -day onsite software demonstrations (May 15 — 22) for Village staff to review functions, features, costs and technical aspects of the proposed systems. Following the software demonstrations, staff selected Tyler/Munis as the vendor with the best overall package. The process to negotiate final costs, terms and conditions began with Tyler /Munis. The proposed contract has been reviewed by staff, CGI (consultant for the project) and the Village Attorney. Multiple negotiation sessions were conducted by CGI with Munis representatives, meetings with the Village's project team, all of which resulted in many good improvements (cost and terms) to the original contract proposed by Tyler /Munis. Additional costs, not payable to Tyler /Munis, that the Village will expend to complete this project implementation include: 1 - Hardware - $249000 — includes a server, system software and other items required to run the new system. The Village can purchase these items at a better price than going through Tyler /Munis. 2 - Database Conversion — $17,000 - staff is reviewing proposals from a couple of firms that are very familiar with extracting data from the current Sungard /Pentamation system, one of which has experience providing a very usable interface and reports which will permit easy access to archived data. We will bring online all new financial software modules as of January 1, 2008, except for utility billing, budgeting and miscellaneous receivables, which are scheduled for mid -2008. Motion by Trustee Sanford, seconded by Trustee Kennedy, that the Village Board award a contract for a Financial Accounting System (FAS) to the vendor that submitted the best value package, Tyler Technologies, Inc., Falmouth, Maine, subject to staff review, for the total cost of $239,338. 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 6 of I I JULY 10, 2007 a TIC C. 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village Board authorize staff to purchase necessary hardware and software, in conjunction with the Finance Software replacement project, for a not -to- exceed cost of $24,000. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board authorize staff to contract for database conversion services, for a not -to- exceed cost of $17,000. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried D. KLEIN, THORPE & JENKINS - LEGAL SERVICES - $35748.47 - MAY, 2007 Motion by Trustee Kennedy, seconded by Trustee Sanford, to authorize payment of Klein, Thorpe & Jenkins Bill for Legal Services in the amount of $3,748.47 for May, 2007. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented B. ORDINANCES & RESOLUTIONS 1) RESOLUTION R -985, A RESOLUTION APPOINTING A REPRESENTATIVE TO THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY The Village of Oak Brook is a member of the Intergovernmental Risk Management Agency for Risk Management, Defense and Risk Coverage. As do each of the 77 members, the Village has an Delegate and Alternate that represent the Village as a member of the Board. The Oak Brook Assistant Village Manager serves as the Delegate and the Finance Director serves as the Alternate member. At this time, it is necessary for the Village Board to take formal action to reassign the post of Delegate and Acting Village Manager Moline recommended that Eileen Donahue, Pay and Benefits Specialist, serve the role as Delegate with Darrell Langlois retaining his role as Alternate. VILLAGE OF OAK BROOK Minutes Page 7 of 1 I JULY 10, 2007 1 C I ) Ms. Donahue is currently the Safety Coordinator with IRMA under me for all risk claims, and incidents and accidents including Workers Compensation Claims. She also coordinates the Health Benefit program and assists with trainings and regulatory compliance. Ms. Donahue is incredibly knowledgeable in all of her areas of responsibility and has a strong working knowledge of the IRMA organization. Additionally, Mr. Langlois has a great deal of experience with the processes of IRMA and can assist Ms. Donahue if the need arises. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Resolution 2007 - IRMA -R -985, A Resolution Appointing a Representative to the Intergovernmental Risk Management Agency. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried C. AWARD OF CONTRACTS 1) RESIDENTIAL REFUSE, RECYCLING AND YARD WASTE CONTRACT As reported through the Village Manager memorandums, Village staff has been discussing the optional two (2) year renewals allowed under the current contract between the Village of Oak brook and Allied Waste Services. Currently, the current rates, as well as the proposed rates from Allied are as follow: Option Description Current Year 4 % Year 5 % Jan. 1, Week Rate Increase Jan. 1, Increase Back Door 2008— 2009- Twice -Per- 32.00 Dec. 20% Dec. 31, 20% Week 31, 2009 Back Door 2008 Residential Once -Per 14.50 15.95 10% 17.55 10% Billing Week Curbside Twice -Per- 23.30 25.65 10% 28.20 10% Week Curbside VILLAGE OF OAK BROOK Minutes Page 8 of 11 JULY 10, 2007 Once -Per 21.45 25.75 20% 28.35 20% Week Back Door Twice -Per- 32.00 38.40 20% 42.25 20% Week Back Door Yard 2.14 2.35 10% 2.50 6% Waste VILLAGE OF OAK BROOK Minutes Page 8 of 11 JULY 10, 2007 10. C.1)As stated, the RFP document drafted by staff from 2004 can easily be let for competitive proposals. However, from the renewals that we have seen which appear to be greatly impacted by gas pricing, the very few number of complaints from Oak Brook residents with our current Hauler, and the increase at 10% for the curbside pick -up, staff recommends that the Village continue to negotiate for a renewal term. Mr. Richard Van der Molen of Allied Waste Services was available for questions. Trustee Manofsky felt that a 10% increase was not significant. She felt that there was no reason to use staff time to renegotiate. Trustee Kennedy concurred and felt that with rising gas prices, etc. he felt it was a fair price based on survey information and did not feel that it was necessary to go through the bid process. Motion by Trustee Kennedy, seconded by Trustee Saiyed, to authorize staff to continue to negotiate with Allied Waste for a Two (2) Year renewal as provided for in the existing Contract between Oak Brook and Allied Waste. VOICE VOTE: Motion carried. D. PERSONNEL 1) JOB DESCRIPTION AMENDMENT: ADDITION OF ASSISTANT EMERGENCY MANAGEMENT COORDINATOR UNDER DEPUTY FIRE CHIEF JOB DESCRIPTION The Village of Oak Brook operates an Emergency Management Center under a Emergency Operating Plan that assigns the Village Manager as the Emergency Management Coordinator, and the Assistant Village Manager and a Fire Battalion Chief as Assistant Coordinators. For the past few years, the role of revising the EOP, drafting and testing the Strategic National Stockpile Plan and participating in new planning efforts by other governmental bodies, i.e., Hazardous Mitigation Plan for DuPage °County has fallen under the Assistant Village Manager as Assistant Coordinator. Though these plans are all moving forward, the importance for continuity demands that an individual be recognized as Assistant Coordinator to carry forward with these efforts. Further, the Battalion Chief responsibility as Assistant Coordinator has not continued on due to staffing requirements in the Fire Department and specifically, the Battalion Chief that had served the role being moved back to shift. Therefore, pursuant with the approval of the Village Board on July 3, 2007 at the Special Village Board meeting to require that the Village Board approve revisions of Job Descriptions of employees of the Village, I am recommending that the Deputy Fire Chief Job Description be amended to include the additional responsibility of Assistant EM Coordinator, thereby replacing the role of the Battalion Chief as Assistant Coordinator. The responsibility for the Deputy Fire VILLAGE OF OAK BROOK Minutes Page 9 of 11 JULY 10, 2007 10. D. 1) Chief is as follows: "Serves as Assistant Emergency Management Coordinator responsible for assisting in coordinating the Village's response to large scale emergencies." Although Emergency Management Activities of the Village are matters for Closed Session due to the security issues of the subject matter, it is important to note that this recommendation comes after discussion with both Fire Chief Bodony and Deputy Chief McEllin. The Fire Chief, Police Chief, and Public Works Director, serve specific responsibilities in the EOC which is why the recommendation is made for the Deputy Fire Chief. The other Assistant Emergency Management Coordinator position, as well as the Coordinator role with the Manager, are all recommended to stay as currently assigned with the Deputy Chief sharing the title as Assistant Coordinator. Motion by Trustee Kennedy, seconded by Trustee Carson, to approve the revision of the current Job Description for the Deputy Fire Chief to add the role of Assistant Emergency Management Coordinator as stated herein. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried E. PROPOSED CHANGE FOR COMMITTEE ASSIGNMENTS AND BOARD MEETING STRUCTURE President Craig asked to continue this itern until a new Village Manager is on staff. Motion by Trustee Kennedy, seconded by Trustee Sanford to continue the Proposed Change for Committee Assignments and Board Meeting Structure until a permanent Village Manager is hired. VOICE VOTE: Motion carried. F. PROPOSED ORDINANCE AMENDING THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT President Craig asked to have this item continued to allow for Village Attorney review. Motion by Trustee Kennedy, seconded by Trustee Carson, to continue the Proposed Ordinance Amending the State Officials and Employees Ethics Act to a future Village Board Meeting. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES VILLAGE OF OAK BROOK Minutes Page 10 of 11 JULY 101 2007 11. A. VILLAGE PRESIDENT - None presented. B. VILLAGE MANAGER - Jeff Moline thanked the current and past Board members for their support and the education provided. C. VILLAGE CLERK - Clerk Pruss informed the residents regarding the approved podcasts of Board Meetings on the Village's website. 12. ADJOURNMENT Motion by Trustee Saiyed, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 8:36 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page I I of 11 JULY 10, 2007