Minutes - 07/26/2005 - Board of TrusteesMINUTES OF THE, JULY 26, 2005 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON AUGUST 9, 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 7:32
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; Darrell J. Langlois, Finance
Director; Thomas Sheahan, Chief of Police and Fire Battalion Chief
Thomas McEllin.
3. PRESIDENT'S OPENING COMMENTS:
President Quinlan welcomed the country of Barbados to the Oak Brook Polo Fields on
Sunday, July 31 St for a polo match.
4. RESIDENTNISITOR COMMENT — None presented.
5. APPROVAL OF MINUTES:
A. Regular Board of Trustees Meeting of July 12, 2005
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Minutes of the
July 12, 2005 Regular Board of Trustees Meeting as presented.
Trustee Aktipis indicated that he gave Village Clerk Gonnella a correction to his vote at
the last meeting where the minutes read it was an abstention rather than a no vote on the
matter concerning the settlement of payment for attorney fees.
Motion by Trustee Manofsky, seconded by Trustee Kennedy to approve the minutes of
July 12, 2005 as amended. VOICE VOTE: Motion carried.
6. CONSENT AGENDA
VILLAGE OF OAK BROOK Minutes Page 1 of 8 July 26, 2005
6. All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
Trustee Aktipis requested that Agenda Item 6. G. A Resolution Approving the Release of
Closed Meeting Minutes be removed from the Consent Agenda for further discussion.
Motion by Trustee Sanford, seconded by Trustee Kennedy, 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.
President Quinlan announced, with the approval of the Consent Agenda, that the Village
of Oak Brook now has a Deputy Fire Chief position which has been awarded by Fire
Chief James Bodony to Battalion Chief Thomas McEllin. Battalion Chief Thomas
McEllin thanked the Board of Trustees for this appointment.
President Quinlan indicated that a swearing in ceremony for the Deputy Fire Chief would
be announced, as this is one event that honors the public safety officers for the Village.
A. Accounts Payable for Period Ending July 22, 2005 - $607,718.07
Significant Items included in Above:
1) DuPage Water Commission - $266,017.94
2) James J. Benes & Associates — Payout #9 — 2005 Paving Project - $15,331.23
3) Alvord, Burdick & Howson, L.L.C. — Payout #2 — Water Rate Study - $8,257.90
B. Approval of Payroll for Pay Period Ending July 16, 2005 - $724,072.51
C. Community Development Referrals
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) 2005 Water Main Project — Avenue Barbizon (Ave Cherbourgh to Ave
Normandy)
E. Budget Adjustments
1) Engineering
F. Treasurer's Report — June 30, 2005
H. An Ordinance Amending Sections 1 -5A -4, 1 -7 -3, 1 -7 -5 and 1 -7 -7 of Title 1
(Administration) of the Village Code of the Village of Oak Brook with Respect to the
Purchasing Authority of the Village Manager.
I. An Ordinance Creating the Position of Deputy Fire Chief in the Village of Oak Brook
Fire Department
J. Central Blacktop Co., Inc. — Change Orders No. 3 & 4 — 2005 Paving Project -
$5,713.15
K. Request Waiver of Fees — Christ Church of Oak Brook
L. An Ordinance Amending the 2005 Budget
7. ITEMS REMOVED FROM CONSENT AGENDA:
VILLAGE OF OAK BROOK Minutes Page 2 of 8 July 26, 2005
7. 6. G. A Resolution Approving the Release of Closed Meeting Minutes
Trustee Aktipis stated his concern of the version of the minutes of the January 17, 2005
Closed Meeting that are being released. He pointed out that the entire transcript of the
Elmhurst Builders litigation has been redacted from the minutes. He suggested that once
the reasons for closed sessions are no longer present that the Board is obligated on the
basis of the Open Meetings Act to make certain that the information is released and the
residents have the ability to review the Board's actions. He asked the Village Attorney as
to whether this complete redaction of the minutes relative to the Elmhurst Builders is in
violation of the Open Meetings Act in view that the Elmhurst litigation has been
terminated and they have withdrawn all of their claims against the Village of Oak Brook.
Attorney Kubiesa explained that the litigation has not concluded as there is still pending
motions in which Trustee Aktipis has brought the motions, therefore, it is still pending
and should not be released at this point in his opinion.
President Quinlan asked for a motion to approve Agenda Item 6. G. as presented.
Motion by Trustee Kennedy, seconded by Trustee Yusuf to approve Agenda Item 6. G., A
Resolution Approving the Release of Closed Meeting Minutes. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 1 - Trustee Aktipis.
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
1) BANKING SERVICES
In 1999, as a result of a competitive request for proposal process, the Village
Board entered into a contract with American National Bank (subsequently Bank
One) for banking services and credit card processing and Oak Brook Bank for
custodial services. The initial contracts were for three years, with the Village
electing two subsequent option years as a result satisfactory performance by the
banks. Due the expiration of the five year agreement originally contemplated, the
Village Board authorized issuance of a request for proposal for banking services.
VILLAGE OF OAK BROOK Minutes Page 3 of 8 July 26, 2005
9. C. 1)
The request for proposal was structured in three major areas: Banking Services,
Credit Card Processing, and Custodial Services. A total of nine proposals were
received for the various services outlined in the RFP, and seven of the nine
responders were selected for a preliminary interview in April, 2005 (one bank
was not interviewed due to elevated pricing and Bank One was not interviewed
since we are already familiar with their staff and services). After the initial
interview, staff performed a detailed analysis of the cost of each proposal and has
had significant follow up conversations with each bank.
Banking Services
This section of the RFP consists of two parts: (1) the menu of charges associated
with banking services (clearing checks, account maintenance, ACH and deposit
processing, etc.) and (2) the amount of interest paid on the Village's balances.
Using an average month of services, the cost of banking services with Oak Brook
Bank is estimated at $1,008.14, which would reduce the Village's normal
monthly banking cost by approximately 38% and would rank fourth when
compared with the other proposals. As it relates to interest earned on the
Village's balances, the proposed rate of the Federal Funds target rate plus 0.25%
tied for the highest rate proposed. Combining the interest earned with the
banking services, the Oak Brook Bank proposal would rank third on a monthly
basis.
Credit Card Processing
This section of the RFP consists of transaction costs, the discount rate, and
equipment charges for accepting credit cards at the Oak Brook Sports Core (credit
cards are not accepted at Village Hall). The cost of this service is significant to
the Sports Core operation as in 2004 the total cost for accepting credit cards was
approximately $40,300. For purposes of the proposal evaluation, the equipment
costs were excluded from the analysis as these items are considered to be more of
an upfront cost and do not vary significantly between banks.
The proposal from Oak Brook Bank ranked first overall based on staff's analysis
and would amount to a reduction of approximately 26% from the average
monthly costs we are currently paying.
Custody Services
This service is used for the custody and safekeeping of the Village's investments
(the pension fund investments are handled separately from this service). Only
four of the banks submitted pricing for this part of the proposal, with the Oak
Brook Bank proposal (they are the current vendor for this service and have
performed satisfactorily) ranking third or $756 more annually than the lowest
proposal.
VILLAGE OF OAK BROOK Minutes Page 4 of 8 July 26, 2005
9. C. 1)
Overall Proposal Recommendation
In order to provide the Village with as much flexibility as possible, the RFP was
structured so that the Village could award each of these three major services
separately. Based on the pricing in the proposals, staff recommends that Oak
Brook Bank be awarded all three services. On a combined basis, the Oak Brook
Bank proposal would clearly rank first. On a five year basis the Village could
save approximately $3,100 on banking services ($51.66 per month and savings
would not be realized until year 4) and $3,780 over five years on Custody
Services if the three services were awarded to separate vendors. However, much
if not all of these savings would be eliminated due to the costs of maintaining
accounts at different banks and the additional transaction costs from having to
move funds between banks. Also, having one bank would reduce the amount of
time spent by staff having to initiate these transactions, bookkeeping costs would
be reduced, etc.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
authorize the Village Manager to enter into a three year contract with two (2)
option years for banking services, credit card processing, and custodial services
with Oak Brook Bank, 1400 Sixteenth Street, Oak Brook, IL 60523. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS:
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS —None presented.
C. AWARD OF CONTRACTS
1) CALEA RE- ACCREDITATION EVALUATOR
Due to the retirement of Sgt. Borkovec the accreditation department has been at a
stand still as there has been a lack of training in this department. The Police
Department is due for re- accreditation in April of 2006. There will be a mock
assessment prior to this date. Hiring I/O Solutions would train a new internal
Accreditation Manager and guide this individual through the major milestones of
the upcoming and ongoing accreditation process. I/O Solutions are familiar with
the CALEA accreditation standards and their background in training and
organizational effectiveness is well suited to assign the Police Department with
this important project.
VILLAGE OF OAK BROOK Minutes Page 5 of 8 July 26, 2005
10. C. 1)
Trustee Yusuf requested that this agenda item be continued to the closed session
to review several alternatives regarding hiring of personnel.
Motion by Trustee Yusuf, seconded by Trustee Craig, that this agenda item be
continued in closed session to review several alternatives regarding hiring of
personnel. VOICE VOTE: Motion carried.
2) PROPOSAL TO CONDUCT AN ORGANIZATIONAL EVALUATION AND
STRUCTURE STUDY
The purpose of this study is to gain insight into the current condition of the Police
Department and its organizational efficiency. A major focus of this study will be
to review the job descriptions of each level within the police organization and to
evaluate the effectiveness of the current rank structure.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that this agenda item be
continued to a closed session as this matter is relative to personnel VOICE
VOTE: Motion carried.
D. A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO OF
CLOSED MEETINGS SESSIONS
The Village Board at their January 15, 2004 Board meeting approved Ordinance
2004 - VCODE- CL- MTG- PLCY -G -739 which required a verbatim record shall be
kept of all meetings of the Trustees of the Village of Oak Brook and of all meetings
of any other boards, commissions or other subsidiary "public body" of the Village of
Oak Brook (as defined by the Illinois Open Meetings Act, 5 ILCS 120/2 et, seq,)
which are closed to the public. Semi - annually, at the second regular Board meeting
of the corporate authorities, in January and July, the agenda shall included the
following item: "Authorization for destruction of verbatim recordings of closed
sessions." The Village Clerk shall present a list to the corporate authorities of the
dates of closed sessions where:
A verbatim recording exists;
The corporate authorities have approved the minutes of the closed meeting as to
form, regardless of whether the minutes have been released for public review; and
There have been more than eighteen (18) months since the date of the closed meeting.
The corporate authorities shall consider whether to authorize destruction of the
verbatim recordings of those meetings. When ordered by the corporate authorities,
the Village Clerk shall destroy the recording of that closed meeting in a suitable
VILLAGE OF OAK BROOK Minutes Page 6 of 8 July 26, 2005
10. D.
manner. Per the Public Act, "The verbatim record of a meeting closed to the public
shall not be open for public inspection or subject to discovery in any administrative
proceeding other than one brought to enforce this Act."
Motion by Trustee Manofsky, seconded by Trustee Yusuf, for passage of Resolution
2005- BD- CL- REC -D -R -917, A Resolution Authorizing the Destruction of Audio
Recording of Closed Meeting Sessions. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Trustee Yusuf explained that the purpose of the audio recordings of closed meetings
that began in January 2004 was to determine if a violation of the Open Meetings Act
in matters that should have been discussed in open meetings had occurred. State
Statute provides that the Board of Trustees is authorized to destroy the recordings as
thorough minutes are kept of these meetings.
11. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT - President Quinlan noted that he was happy to see that the
Board of Trustees was back on track for shorter meetings but that the Board would
continue matters in a closed meeting. Again, he reminded residents to come and welcome
the country of Barbados to the polo fields on Sunday.
B. VILLAGE MANAGER - Manager Boehm announced that the Oak Brook Fire
Department and the Village of Oak Brook would be honoring members of the Village's
original Volunteer Firefighters. A tribute will be given Thursday, July 28th at 11:00 a.m.
in the West Wing Training Room of the Butler Government Center. Five of the former
members will be honored and presented with a plaque of their service to the Village.
C. VILLAGE CLERK - Clerk Gonnella reported that Governor Blagojevich signed into
law two bills that affect the Village which is HB413 allows municipal officials to
authorize the appointment of additional Deputy Clerks for municipalities under 500,000.
She also commented that she is hopeful that the Board of Trustees would consider having
another Deputy Clerk be appointed due to the amount of work in the Village Clerk's
Department. Also, HB 1403 which the Governor signed into law reconstitutes the
downstate fire pension boards so that there are three representatives from the fire
department and two representatives from the municipality.
Trustee Yusuf asked Attorney Kubiesa that it is his understanding that at such time that
litigation is completed and the potential for litigation is completed that the minutes that
were redacted would then be released to the public. Attorney Kubiesa indicated that this
is correct.
VILLAGE OF OAK BROOK Minutes Page 7 of 8 July 26, 2005
12. ADJOURN TO CLOSED MEETING to consider the appointment, employment,
compensation, discipline, performance, or dismissal of specific employees of the public
body, 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.
Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn to Closed Meeting at
7:48 p.m. to consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body, 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. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
President Quinlan announced that no final action will be taken after the closed meeting.
13. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 9:12 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Linda K. Gonnella
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 8 of 8 July 26, 2005