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Minutes - 07/11/2006 - Board of TrusteesMINUTES OF THE JULY 11, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 12, 2006. 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 7:30 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, Robert G. Sanford and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Jeffrey P. Moline, Assistant Village Manager; Kenneth T. Kubiesa, Village Attorney; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Nelson Patras, Interim Bath & Tennis Club Manager and Thomas Sheahan, Chief of Police. 3. PRESIDENT'S OPENING COMMENTS President Quinlan congratulated Interim Bath and Tennis Club Manager, Nelson Patras on the Independence Day Celebrations. 4. RESIDENT /VISITOR COMMENT Resident Robin Zahran expressed his concern about his inability to contact Board Members. He had concerns relative to Beard's Subdivision and representations from years ago that the property would not be developed and that the Board made decisions without all of the facts. He also expressed his concern for the publicity that the Village was getting and suggested it was the Board's duty to resolve the issues. Trustee Aktipis expressed, his concern about the press coverage relative to the firing of the Police Chief because he did not ask permission to carry out an investigation of a police officer. He stated that the police officer allegedly engaged in illegal or inappropriate activities that might expose the Village to major legal liabilities. He added that the results of the investigation are not in the public domain, but he hoped that they will soon be available for public inspection. He indicated that the press suggested highly inappropriate VILLAGE OF OAK BROOK Minutes Page 1 of 6 July 11, 2006 4. activities by the officer who was the subject of the Police Chief's investigation. He added that it was not clear to what degree, if any, an elected official sitting on the Board might have an interest in protecting the officer in question, but he was very concerned about the possibility. He strongly urged the Board that a conflict of interest relative to the investigation of the police officer might exist and that they carefully consider their position and comments attributed to them in the press. Resident Richard Pearson also addressed the Board relative to his concerns about the press coverage and allegations regarding the Police Department and asked that the Board focus on the investigation of allegations. Resident Mario Vescovi made statements regarding the police officer in question. Resident Richard Allison made positive comments about the Police Chief and the Police Department and also expressed concern about the press coverage regarding the police officer. Resident Bill Lindeman expressed his support of the Police Chief and the investigation he began 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 July 7, 2006 - $256,743.09 Significant Items included in Above: 1) James J. Benes — Payout #9 — 2006 Paving Project - $10,934.12 2) Tebrugge Engineering —Payout #1 — Baybrook Bridge Project - $15,398.00 3) Greater Oak Brook Chamber of Commerce — Economic Development Grant - $5,000.00 B. Approval of Payroll for Pay Period Ending July 1, 2006 - $699,685.02 C. Community Development Referrals 1) Lebenow — 16 Robin Hood Ranch - Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E. Budget Adjustments F. Illinois Municipal League — 2006 Membership Renewal G. 31St Street Bicycle /Pedestrian Path — Construction Engineering Amendment No. Trustee Aktipis asked to have item 6.A.4) Kubiesa, Spiroff, Gosselar & Acker — Legal Fees - $23,995.05 removed for further discussion. Motion by Trustee Kennedy, seconded by Trustee Yusuf, 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. VILLAGE OF OAK BROOK Minutes Page 2 of 6 July 11, 2006 7. ITEMS REMOVED FROM CONSENT AGENDA 6. A. 4) KUBIESA, SPIROFF, GOSSELAR & ACKER — LEGAL FEES - $23,995.05 Trustee Aktipis expressed concern for newspaper coverage of wrongdoing of a Village employee that has exposed the Village to legal and financial liabilities. His concern was for the escalating legal fees not only from the Kubiesa firm, but from other attorney's as well. He asked that the Board's legal liaison, Trustee Kennedy become vigilant in his review of these fees. Trustee Kennedy responded that he is diligent in reviewing the Kubiesa firm bills, but does not review any other attorney fees since they are paid through the Village's insurance company. He added that the fees from the Kubiesa firm are for being general counsel to the Village and overseeing the litigation and for defense of Joan Mullins pursuant to the ordinance that Trustee Aktipis supported fifteen months previously which requires that defense and are in line. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve Kubiesa, Spiroff, Gosselar & Acker, Legal Fees in the amount of $23,995.05. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 2 - Trustees Aktipis and Craig Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. MCKAY — 602 LAKEWOOD COURT — VARIATION — REAR YARD SETBACK At its meeting on June 28, 2006, the Zoning Board of Appeals held the required public hearing and completed its deliberation on a petition from Mr. Larry McKay, the owner of the property at 602 Lakewood Court seeking approval of a variation to Section 13- 6D -3F.3 of the Zoning Ordinance to accommodate a roofed deck that has been constructed and extends approximately 14.3 -ft. into the required 30 -ft. rear yard setback. The area behind the subject property is a pond owned by the Oak Brook Park District. Recommendation By a vote of 4 to 0, the Zoning Board of Appeals recommended approval of the variation as requested subject to the conditions listed below. 1. The roofed addition is to be built in substantial conformance with the plans as submitted. In making this recommendation, the Zoning Board of Appeals found that the applicant had specifically explored all alternatives for placement of the room addition and had met the required standards for a variation, specifically, due to the uniqueness circumstance. VILLAGE OF OAK BROOK Minutes Page 3 of 6 July 11, 2006 8. A. Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to reduce the required 30 -ft. rear yard setback to approximately 15.7 feet for the property located at 602 Lakewood Court and authorize the Village Attorney to draft the necessary ordinance for final consideration at the July 25, 2006 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) BEARD'S RESUBDIVISION NO. 2 - CONTINUANCE — CONTINUED FROM JUNE 27, 2006 Mr. Ken Beard, the applicant for the Beard's Resubdivision No. 2 has requested that any discussion by the Village Board on his request be continued to the July 25, 2006 meeting. Both Mr. Zubi and his attorney have been notified as to this requested continuance. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to continue the final action on Beard's Resubdivision No. 2 to the July 25, 2006 meeting. 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. IMPACT FORENSICS —PAYOUT #1 AND FINAL - $18,820.00— CONTINUED FROM JUNE 275 2006 The matter of payment of a bill to Impact Forensics of Chicago was placed under the Accounts Payable section of the June 27, 2006 Board meeting as a significant item. This matter was removed from the Consent Agenda for further discussion. The matter was ultimately continued by the Board to its meeting of July 11, 2006 to allow the Village Attorney to opine as to whether or not the Village is obligated to pay the invoice. VILLAGE OF OAK BROOK Minutes Page 4 of 6 July 11, 2006 9. D. Trustee Sanford expressed concern for the amount of the bill based on some additional information received and he suggested that the Village meet with Impact Forensics of Chicago and renegotiate the bill. He added that if the negotiations appeared favorable that the Board be polled and the payment made if approved. Trustee Aktipis contested the issue that the Police Chief did not have authority to hire Impact Forensics of Chicago and would like to have the Village Attorney address the issues he brought forward and modify his opinion. Motion by Trustee Aktipis, seconded by Trustee Craig, to continue this topic until the next meeting in order to give the opportunity to the Village Attorney to address the issues raised by Trustee Aktipis and bring a modified legal opinion regarding this issue. ROLL CALL VOTE: Ayes: 4 - Trustees Aktipis, Craig, Manofsky and Yusuf. Nays: 2 - Trustees Sanford and Kennedy Absent: 0 - None. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS — None presented D. 2006 AUTUMN FESTIVAL BUDGET Trustee Craig on behalf of the Autumn Festival Committee and staff submitted the budget for the 2006 Autumn Festival for Board approval as required by Resolution R- 928. The budget reflects the Committee's plans to offer a family event with entertainment, food, numerous games and activities for children. The budget reflects expenditures of $10,529.00 and has received revenues in the amount of $10,381.15. Motion by Trustee Craig, seconded by Trustee Kennedy, to approve the budget for the 2006 Autumn Festival Committee pursuant to Village Board Resolution R -928. 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 — None presented. VILLAGE OF OAK BROOK Minutes Page 5 of 6 July 11, 2006 11. B. VILLAGE MANAGER — None presented. C. VILLAGE CLERK Clerk Gonnella acknowledged members of the Autumn Festival that were in the audience, Nelly Naguib and Connie Craig who have served for many years on this committee. She announced that the Oak Brook Civic Association was including the flier in their August newsletter. She thanked all of the Oak Brook sponsors. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 8:22 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 6 of 6 July 11, 2006