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Minutes - 07/12/2005 - Board of TrusteesMINUTES OF THE, JULY 12, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JULY 26, 2005. 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 7:47 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: Richard Boehm, Village Manager; Jeffrey Moline, James Bodony, Fire Chief; Assistant Village Manager; Dale L. Durfey, Jr. Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Thomas Sheahan, Chief of Police; Trey VanDyke, Golf Club Manager; Nelson Patras, Interim Bath & Tennis Club Manager and Thomas McEllin, Fire Battalion Chief. 3. PRESIDENT'S OPENING COMMENTS: President Quinlan announced that it was an exciting evening for the Village of Oak Brook as the Board previously met before the Board meeting to discuss an important matter. He requested that the Board of Trustees consider addressing Agenda Item 10. A. Confirmation of Appointments at this time. 10. A Confirmation of Appointments, 1) Appointment by Village President He remarked that the Village has excellent public safety officers in the Fire Department as the Board considered the appointment of Fire Chief for the Village of Oak Brook. He asked for a motion to concur with his recommendation to appoint James Bodony as the Fire Chief for the Village of Oak Brook. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with President Quinlan's recommendation to appoint James Bodony as the Fire Chief of the Village of Oak Brook. VOICE VOTE: Motion carried. He then announced that the Board of Trustees reached a further consensus to create the VILLAGE OF OAK BROOK Minutes Page 1 of 11 July 12, 2005 3. 10. A. 1) position of Deputy Fire Chief. President Quinlan directed the Village Attorney to draft an ordinance to create a new position of the Deputy Fire Chief for the Village of Oak Brook. The Board of Trustees will formally approve the creation of this new office at the next regularly scheduled Village Board meeting. He stated that the new Fire Chief Bodony informed the Board of Trustees that he requested that Thomas McEllin be appointed as the new Deputy Fire Chief. 4. RESIDENT /VISITOR COMMENT — None presented. 5. APPROVAL OF MINUTES: A. REGULAR BOARD OF TRUSTEES MEETING OF JUNE 28, 2005 Motion by Trustee Sanford, seconded by Trustee Aktipis, to approve the Minutes of the June 28, 2005 Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. 6. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - Nays. Absent: 0 - None. Motion carried. A. Accounts Payable for Period Ending July 8, 2005 - $545,805.17 Significant Items included in Above: 1) Fritz Landscape - Payout # 7 & Final — Municipal Complex Project - $1,000.00 2) James D. Fiala Paving — Payout #8 — 2004 Paving Project - $12,795.90 3) Kubiesa, Spiroff, Gosselar & Adler, P.C. — Attorney Fees - $20,540.40 4) Civiltech Engineering — Payout #8 — 31St Street Bicycle Path Phase III - $15,619.17 5) Central Blacktop, Inc. — Payout #2 — 2005 Paving Project - $216,254.76 B. Approval of Payroll for Pay Period Ending July 2, 2005 - $659,664.58 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E. Budget Adjustments 1) Sports Core F. 2005 Annual Contribution to the Northeastern Illinois Planning Commission G. An Ordinance Amending Chapter 1 (Sports Core) of Title 12 (Village Recreational VILLAGE OF OAK BROOK Minutes Page 2 of 11 July 12, 2005 6. G. Facilities) of the Village Code of the Village of Oak Brook, Illinois H. Approval of Request for Release of Funds — Oak Brook Hotel, Convention and Visitors Committee — 20% of the 2005 Second Quarter Hotel Tax Receipts to the DuPage Convention & Visitors Bureau in the Amount of $16,210.56 I. Change Order #I — 2004 Water Main and Drainage Project — Rocks -Ann Construction — Revise Total Contract Amount - $164,514.43 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8. BOARD & COMMISSION RECOMMENDATIONS — None presented. 9. UNFINISHED BUSINESS: A CONFIRMATION OF APPOINTMENTS — None presented B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) HANDGUN PURCHASE One sealed bid was opened on Wednesday, July 6, 2005. Bid packages were sent to three companies. A bid submitted by Ray O'Herron was received late (by more than a day) and was returned unopened. Staff left a message for the third company, R Guns, but they have not returned the call. Prior to going out to bid, the Police Department requested quotes from the above three companies. At that time, Streichers' quote was lower than the other two potential bidders. Streichers' current bid price for hand guns is twenty dollars ($20) lower per gun than their original quote. The bid process has saved us $1,410 on the price of the guns alone. The hand guns that the Police Department is currently using were purchased in 1997. At that time they were given an estimated life of eight years (2005). In 2004, the Police Department began experiencing increased weapon malfunctions requiring in -house repairs. The level of maintenance required to keep the weapons in service has also increased. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award a contract for the purchase and trade -in of hand guns and the purchase of related accessories, subject to staff review, to the lowest responsive and responsible bidder, Streicher's, 4777 North 124th Street, Butler, Wisconsin, 53007 in the amount of $25,576.00 (net cost after trade -ins) as indicated in the attached bid tabulation. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 3 of I 1 July 12, 2005 9. C. 1) Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) MICROFILM /ELECTRONIC SCANNING Two sealed bids were opened on Wednesday, June 22, 2005. Bid packages were sent to three companies. The low bidder, Microsystems, Inc, will not increase their pricing for years two and three of the contract. Staff has received good references for Microsystems, Inc. The State of Illinois requires the retention of Village records by hard copy, microfilming, or scanning. The period of required retention varies based on the type of document. The Village only microfilms /scans those items that are required to be maintained for greater than three years. Shorter -term documents are stored then disposed of as permitted by the State. Since 1991 the Village has been in the process of microfilming Village records. Village departments that microfilm records include Administration, Engineering, Finance, Purchasing, Legal, Library, and Police. In 2004 the Village Clerk's office also began to scan permanent records into electronic storage The digital scanning of records will continue in the Village Clerk's office and will also begin in the Community Development, Fire and Police Departments. Technology is constantly changing and most microfilming companies have changed to digital scanning of documents for storage. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board award a three year contract, subject to staff review, to the lowest responsive and responsible bidder, Microsystems, Inc. 625 Academy Drive, Northbrook, Illinois, 60062, based on unit prices as indicated in the attached bid tabulation for Microfilm/Electronic Scanning Services. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. D. RECONSIDERATION OF VILLAGE MANAGER'S SPENDING AUTHORITY The matter of restoring the Village Manager's authority was discussed at the June 14, 2005 Board of Trustees meeting. At that time the Board approved restoring the Manager's hiring authority but continued its consideration of restoring the spending authority. Trustee Sanford asked that the Board be allowed to explore the matter further and to determine from past Board members their reasoning behind the limitation. Trustee Sanford has relayed his findings to President Quinlan and is of the VILLAGE OF OAK BROOK Minutes Page 4 of 11 July 12, 2005 0 opinion that the matter has been researched and that research has shown that it is the best interest of the Village to restore the Village Manager's spending authority. Trustee Sanford explained that the Board of Trustees each receives a weekly check register of all checks that are issued. Therefore, the Board is aware of items being purchased. Motion by Trustee Sanford, seconded by Trustee Yusuf, to direct the Village Attorney to prepare an ordinance increasing the Village Manager's Spending Authority from $5,000 to $10,000 and return said ordinance for consideration at the Board's July 26, 2005 meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. E. RATIFICATION OF SETTLEMENT AGREEMENT In the matter generally known as Quinlan v. Aktipis a settlement was reached at the beginning of June regarding the attorney fees. The four Trustees who could settle this matter all agreed and signed a document authorizing the Village Attorney to prepare a Settlement and Order of Dismissal. This matter is now before the Board for ratification. Trustee Kennedy announced that the Village has settled two of the five major pieces of litigation. He indicated the Elmhurst Builders case involving the property at York and Roosevelt Roads where the motion for judgment on the pleadings, prepared by the attorney, were so convincing that the plaintiff voluntarily dismissed the lawsuit for several million dollars. The second case settled is the Police Chief litigation that had been litigated for one year. The case was mooted when Judge Bonnie Wheaton entered a preliminary injunction last October regarding the appointment of the Temporary Police Chief. It was then mooted when Thomas Sheahan was appointed and confirmed as the permanent Police Chief. The only issues remaining in the case following the Chief's appointment was the attorney fees which have now been resolved. Judge Wheaton made it clear what she was going to award to the two or three sets of attorneys involved in the case. Only four Trustees were qualified to consider that issue which were Trustees Kennedy, Manofsky, Sanford and Yusuf as the other members of the Board of Trustees were parties to the litigation which were President Quinlan, Trustees Aktipis and Craig and they could not participate in that decision. The four Trustees concurred unanimously to confer on Village Attorney Kubiesa the authority to resolve the case on the best basis possible. The case was settled for less than what Judge Wheaton was prepared to award. The three sets of attorney fee petitions amounted to approximately $185,000. $97,500 will be paid to two of the firms while one firm does not receive anything based upon Judge Bonnie Wheaton's ruling that their petition was improper and filed late. The settlement VILLAGE OF OAK BROOK Minutes Page 5 of 11 July 12, 2005 9. E. agreement entered by the Court includes total and complete releases of any further claims by all of the parties involved and the law firms. Trustee Aktipis asked to speak on this issue. President Quinlan stated that Trustee Aktipis, Trustee Craig and he were not involved in this discussion and denied the request. Trustee Aktipis appealed his decision. President Quinlan denied the request and called the question. Attorney Kubiesa clarified that Trustee Aktipis' appeal is to the Board of Trustees. The Board of Trustees allowed Trustee Aktipis to speak to the issue. Trustee Aktipis stated that he was not in favor of the settlement. He suggested that there was $67,000 of legal costs that President Quinlan incurred and that was settled for $60,000 so that the Village paid this amount to settle a legal claim submitted by the Village President for suing the Village Trustees. He believes that the Trustees are indemnified if they are sued by someone and their costs are paid. When a Trustee or another Village official takes the initiative of suing someone else, he does not believe it should be the cost to the taxpayer to indemnify someone who takes that type of action. He believes that the law does not provide for this. He is against the settlement as he does not believe that $60,000 should be paid. The decision in front of him states that all claims were released as this is a false representation as he does not believe that Trustees Caleel, Korin or Zannis authorized Klein, Thorpe, Jenkins to release all claims. He also believes that there is no basis to say that the Village approved the settlement that this is a false representation because up to this moment the Village did not approve this settlement. He believes that false representations were made in front of Judge Wheaton and therefore he objects to this settlement. Trustee Yusuf stated this legal situation should not have occurred but it happened because of certain unlawful actions taken by five of his colleagues acting in unison. Actions that were truly contrary to the law and actions that boxed in the Village President and did not allow him the ability to exercise his lawful authority. The Statute is clear to him, the Village Attorney and President Quinlan but that Trustee Aktipis had a different understanding as well as the other four Trustees and their Attorney. In his opinion this digressed greatly from common sense as President Quinlan had no choice but to take it to court to protect his legal authority and Judge Wheaton agreed. Trustee Sanford made a point that if a settlement is made by the judge, it should be settled by the Board to save the Village money, end the litigation and get back to business as Trustees Motion by Trustee Kennedy, seconded by Trustee Manofsky, to ratify the Settlement Agreement regarding Attorney Fees. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. VILLAGE OF OAK BROOK Minutes Page 6 of 11 July 12, 2005 9. E. Nays: 1 — Trustee Aktipis. Abstain: 1 - Trustee Craig. Absent: 0 - None. Motion carried. 10. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS 1) APPOINTMENT BY VILLAGE PRESIDENT This agenda item was approved earlier in the meeting. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS — None presented. D. AUTHORIZATION TO PURCHASE — None presented. F. REGIONAL BIKE TRAIL — SALT CREEK GREENWAY — LAND ACQUISITION It is noted, for the record, that Trustee Aktipis addressed this Agenda Item before Agenda Item 10. E. At the Village Board meeting of June 28, 2005, the Board approved the "Second Supplemental Agreement Concerning the Establishment of the Salt Creek Greenway Trail and the Performance of Phase 3 Engineering Services and Construction." That agreement is between the Village of Oak Brook and five other agencies for that portion of the Salt Creek Greenway Trail within DuPage County. Paragraph 6D of the Agreement states that Oak Brook will pay $15,000 for a permanent easement and then get reimbursed $12,480 within 45 days after the DuPage Forest Preserve District receives the Local Share of Construction Cost from each agency. The anticipated schedule assumes an IDOT bid date of 9/23/05, an IDOT award and contract execution about 2 months after that and project completion by the end of 2006. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board approve payment of $15,000 to The Spring Club Condominiums (in Oakbrook Terrace) for a permanent easement for the Salt Creek Greenway Trail. 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 7 of 11 July 12, 2005 10. E. REGIONAL BIKE TRAIL —SALT CREEK GREENWAY — IDOT JOINT AGREEMENT At the Village Board meeting of June 28, 2005, the Board approved the "Second Supplemental Agreement Concerning the Establishment of the Salt Creek Greenway Trail and the Performance of Phase 3 Engineering Services and Construction." That agreement is between the Village of Oak Brook and five other agencies for that portion of the Salt Creek Greenway Trail within DuPage County. That agreement included a funding table for each of the various agencies. Some of the funding is through a STP -TCM grant administered by IDOT. For this grant, a local municipal agency was required; Addison was used for the north DuPage section and Oak Brook was used for the south DuPage section. The Village is signing for the $545,000 local share of the cost of construction and $37,600 local share of the engineering, the Second Supplemental Agreement establishes that each of the six agencies will share the various costs. The anticipated schedule assumes an IDOT bid date of 9/23/05, an IDOT award and contract execution about 2 months after that, and project completion by the end of 2006. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Village Board approve the attached "Local Agency Agreement for Federal Participation" with IDOT (Joint Agreement) regarding construction of the Salt Creek Greenway Trail and the performance of Phase 3 engineering services. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. G. 2005 AUTUMN FESTIVAL BUDGET Pursuant to Village Board Resolution 2005 -BD- AFC -R -897 the Autumn Festival Committee has submitted the recommended budget for the 2005 Autumn Festival. The budget reflects the Committee's plans to offer a family event with entertainment, food, numerous games and activities for children. Motion by Trustee Craig, seconded by Trustee Yusuf, to approve the budget for the 2005 Autumn Festival as recommended by the Autumn Festival Committee pursuant to Village Board Resolution 2005 -BD- AFC -R -897. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Sanford and Yusuf. Nays: 1 - Trustee Manofsky. Absent: 0 - None. Motion carried VILLAGE OF OAK BROOK Minutes Page 8 of 11 July 12, 2005 10. Trustee Manofsky voiced her opinion as to why this event was being held. She stated that the original Ethnic Fest at Butler School had merit as it was moved from the school for a larger venue as it was too crowded. The Park District prior had an Autumn Fest on a smaller scale for 30 or 40 years for children. She asked what the activities had to do with the Autumn Fest. President Quinlan indicated that it was a festival with activities for children. Trustee Manofsky indicated that years ago on Memorial weekend the Bath & Tennis Club had an opening day for all Oak Brook residents to attend to attract them for memberships to the Club. She indicated that not many Oak Brook residents attend and asked why this is being held. Interim Bath & Tennis Club Manager Patras indicated that approximately 500 to 600 people attended last year. President Quinlan noted that the sponsors of the event cover all of the costs with revenue remaining. Trustee Manofsky remarked that in prior years the Village did not ask for sponsorships and now this is being done. She believes that it is not necessary. Trustee Yusuf explained that he and his family attended for the past few years and enjoy it greatly and he has donated 400 pumpkins for pumpkin decorating and they were all used. Trustee Manofsky asked that she be on record that she is opposed to this event and that it end. H. ILLINOIS TOLL HIGHWAY AUTHORITY WATER SERVICE REQUEST As part of its Open Road Tolling program the ISTHA is constructing a new plaza just west of Meyers Road. The ISTHA has requested water service from the Village of Oak Brook; it is estimated that the water usage by the facility will be approximately 150 GPD. Staff has evaluated this request and is recommending that the Board grant this petition. The Village and the ISTHA have long enjoyed a very positive working relationship. They have assisted the Village of Oak Brook in the placement of both of our water reservoirs; allowed us to utilize their property for access to a reservoir site and added emergency access at the existing toll plaza per the Village request. As part of the project the ISTHA will be upgrading the access road that the Village currently used to access Reservoir B. Should the Village grant the water service request the ISTHA would enter into an agreement to provide for the ongoing maintenance of the access road (this access road is also utilized by property owners adjacent to the tollway ROW). An additional benefit will be the presence of the ISTHA personnel on a 24 -7 basis which will add significantly to the security of the Village's water supply in that area VILLAGE OF OAK BROOK Minutes Page 9 of 11 July 12, 2005 10. H. Trustee Aktipis inquired if all of the resident issues have been resolved in the new Tollway Plaza. Manager Boehm explained that the Tollway Authority has met with the affected residents of the expansion of the Tollway Plaza twice. The Authority has agreed to erect barrier sound walls, they have resolved the drainage issues, adjusted their lighting but they believe they have addressed a majority of the residents concerns relative to their plaza. President Quinlan noted that the Tollway Authority has been a good neighbor for years to Oak Brook and the Village should be good neighbor back to them so that they would address of the area residents concerns in their plaza expansion. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve the water service request from the Illinois State Toll Highway Authority for its Meyers Road Plaza 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 announced that the appointment of Fire Chief James Bodony will be posted on the website. The Deputy Fire Chief must be created first by the Board of Trustees before the swearing in ceremony for Thomas McEllin. B. VILLAGE MANAGER — Manager Boehm, on behalf of the Village's senior staff members, welcomed to the ranks Fire Chief James Bodony. C. VILLAGE CLERK — Clerk Gonnella reported that as Chairman of the 2005 Autumn Festival that she wanted to thank all of her committee members for their efforts which include Vice Chairman Duha Dabbouseh, Joyce Antoniolli, Connie Craig, Carolyn Link and Nelly Naguib. She also recognized the sponsors for the event including Elkay Manufacturing Company for their $5,000 donation, The Clubhouse, Private Bank and the Wyndham Drake Oak Brook for their $1,000 sponsorships. The Committee believes that the residents will enjoy a day of fun with their families with all of the activities as well as food planned for Sunday, September 25th from 12.00 p.m. to 5:00 p.m. 12. ADJOURNMENT 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 and to discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act VILLAGE OF OAK BROOK Minutes Page 10 of 11 July 12, 2005 12. Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn to Closed Meeting at 8:26 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 13. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Sanford, to adjourn the Regular Meeting of the Board of Trustees at 9:37 p.m. VOICE VOTE: Motion carried. ATTEST: s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 11 of 11 July 12, 2005