Minutes - 08/08/2006 - Board of TrusteesMINUTES OF THE AUGUST 8, 2006 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN 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 7:34
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Village 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; Kenneth T. Kubiesa, Village
Attorney; Robert L. Kallien, Jr., Director of Community Development and
Dale L. Durfey, Jr., Village Engineer.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan announced the promotion of Jeffrey Weber to Police Lieutenant.
4. RESIDENT /VISITOR COMMENT — None presented.
5. APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF JUNE 22, 2006
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the June 22, 2006 Special Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF JUNE 275 2006
Trustee Aktipis asked to amend the minutes to include on page 4 under item 7. 6.A.2)
second paragraph to include his statement "there might be an elected official that
might be involved in protecting the officer under the investigation."
Motion by Trustee Aktipis, seconded by Trustee Manofsky, to approve the Minutes of
the June 27, 2006 Regular Board of Trustees Meeting as amended. VOICE VOTE:
Motion carried.
VILLAGE OF OAK BROOK Minutes Page 1 of 6 August 8, 2006
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 August 4, 2006 - $611,357.
Significant Items included in Above:
1) Legat Architects — Payout #7 — HVAC Screening - $384.42
2) The Kenneth Company — Payout #2 and Final — Library Landscape - $3,760.00
3) JJR, LLC — Payout #2 — Library Landscape Design - $421.54
4) Treasurer, State of Illinois — Butterfield Road Widening - $240,487.75
5) Nugent Golf, Inc. — Payout #1 — Pond Bank Stabilization - $14,000.00
B. Approval of Payroll for Pay Period Ending July 29, 2006 - $722,267.97
C. Community Development Referrals
1) Panera — 1600 16th Street — Special Use for Outdoor Dining
2) Double Tree Hotel — 1909 Spring Road — Text Amendment
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Budget Adjustments
1) Public Works — Other Services
2) Fire Department — Travel Expenses
3) Legislative & General Management — Emergency Management
4) Legislative & General Management — Litigation Amongst Corporate Authority
F. Treasurer's Report — June, 2006
G. Oak Brook Hotel, Convention and Visitors Committee — 2na Qtr Hotel/Motel Taxes -
$18,888.80
Trustee Aktipis asked that item 6.H. - Ratification Of Expense — Oak Brook Computer
Network Security be removed for further discussion.
Motion by Trustee Aktipis, 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.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. H. RATIFICATION OF EXPENSE — OAK BROOK COMPUTER NETWORK
SECURITY
Trustee Aktipis expressed concern for the expenses incurred because an outside
consultant doing authorized work for the Village left an opening which allowed a
break in to the water accounts server. He asked whether the responsibility for this
break -in lies with the consultant and whether that vendor should be responsible for
VILLAGE OF OAK BROOK Minutes Page 2 of 6 August 8, 2006
7. 6.H. the costs incurred. Village Manager responded that after the reports confirmed
exactly what happened it was expected that the Village would look to the vendor for
reimbursement. Trustee Aktipis asked the process used for determining the vendor to
be used for this investigation. Manager Boehm explained the process.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, to ratify the emergency
expense incurred for the system analysis by Remington & Associates in the amount
of $17,572.50 and also for the purchase of a new NCC server and related software by
CDW Government in the amount o $8,523.18. 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
A. ASHLEY CHASE RESUBDIVISION — 4 & 5 OAK COURT — FINAL PLAT AND
PLAT OF VACATION FOR A 2 LOT SUBDIVISION.
At its meeting on July 17, 2006, the Plan Commission completed its review and
deliberation on the application from David and Suzanne Arch, the owners of lots and
4 and 5 Oak Court in the Oak Brook Lakes Subdivision seeking approval of a two -lot
plat of resubdivision to be known as Ashley Chase Resubdivision.
The applicant's request will reconfigure the common lot line between the two lots
making lot 4 Oak Court, slightly larger. With this modification, both lots will
continue to meet the one acre minimum lot size in the R -2 District. As part of this
request, the applicant is also seeking vacation of an easement along the common
property line.
In addition, the applicant is seeking waiver to the Village requirements for street
lights and sidewalks. Both of these requirements were waived as part of the original
approval of the Oak Brook Lakes Subdivision.
Recommendation:
The Plan Commission by a vote of 4 to 0, recommended approval of the proposed
Ashley Chase final plat of resubdivision, plat of easement vacation, and waivers to
the Subdivision Regulations as requested, subject to final Engineering approval
finding that they appeared to meet all requirements of the Village's Subdivision
Regulations.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to concur with the Plan
Commission recommendation to approve the Ashley Chase Resubdivision, Plat of
Easement Vacation and requested waivers to the Subdivision Regulations and
authorize the Village Attorney to prepare the necessary resolution for adoption at the
August 22, 2006 Village Board Meeting. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 3 of 6 August 8, 2006
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) Beard's Resubdivision No. 2 — Continued from July 25, 2006
At the June 13, 2006 Board of Trustees Meeting the Village Board concurred with
the Plan Commission recommendation to approve the Beard's Resubdivision No.
2 and requested variations and waivers to the Subdivision Regulations and
authorized the Village Attorney to prepare the necessary resolutions for adoption
at the June 27, 2006 Village Board Meeting.
At the June 27th Village Board Meeting the Village Board continued final action
on the resolutions prepared by the Village Attorney at the request of a neighboring
resident. On July 11, 2006 final action was again continued at the request of the
applicant Mr. Ken Beard because he was unable to attend that meeting.
At the July 25, 2006 meeting the Village Board again continued this topic to
provide the opportunity for the Board of Trustees to view the property in order to
make a determination relative to Mr. Zubi's concerns.
Staff recommends that the Village Board take final action by passing Resolutions
943 and 944.
President Quinlan asked the parties involved whether they had been able to come
to a resolution to this issue or whether given more time there would be a
resolution. Mr. Richter commented that they had not been able to achieve
common ground.
Resident Robin Zahran addressed the Board indicating that he would be affected
by the changes suggested and agreed with Mr. Zubi's attorney.
Trustee Kennedy explained that this is the fifth time that this issue has been
brought to the Board and twelve weeks going through the process with the Plan
Commission and was approved and recommended by the Plan Commission. He
added that at least five trustees have visited the property and reviewed the history.
He felt in fairness to all the parties and that it was time to make a decision.
He reviewed the history of the Fullersburg area and indicated that this was a
simple, modest revision that conforms to the zoning district. He confirmed with
Village Engineer Durfey, Community Director Kallien and Village Attorney
Kubiesa whether the changes met code and satisfied the standards of the code.
They all confirmed that was true.
VILLAGE OF OAK BROOK Minutes Page 4 of 6 August 8, 2006
9. B. 1) Trustees Aktipis and Yusuf felt that more time should be allowed to attempt to
resolve the issue between the parties.
Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of
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. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and President Quinlan.
Nays: 3 - Trustees Aktipis, Craig and Yusuf.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS — None presented.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented.
B. ORDINANCES & RESOLUTIONS
1) A RESOLUTION APPROVING THE RELEASE OF ADDITIONAL
PORTIONS OF CLOSED MEETING MINUTES
The Village Board at their meeting of July 25, 2006 authorized release of closed
meeting minutes from January, 2006 through June, 2006. Village Manager
Boehm announced at that meeting that the Village Clerk would be addressing the
Board's closed meeting minutes further. Village Manager Boehm, Village
Attorney Kubiesa, Assistant Village Attorney Gosselar and the Village Clerk
determined that each set of closed meeting minutes for which portions had been
previously released from 1997 through 2006 should be again reviewed. It was
determined that additional portions of the minutes, as noted in the resolution,
were found to no longer require confidential treatment and are available for
public inspection.
Trustee Aktipis suggested that there had not been enough time to review all of the
Minutes.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of
Resolution R -946, A Resolution Approving the Release of Additional Portions of
Closed Meeting Minutes. ROLL CALL VOTE:
Ayes: 3 - Trustees Kennedy, Manofsky and Sanford.
Nays: 4 - Trustees Aktipis, Craig, Yusuf and President Quinlan.
Absent: 0 - None. Motion failed.
VILLAGE OF OAK BROOK Minutes Page 5 of 6 August 8, 2006
10. C. AWARD OF CONTRACTS —None presented.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT
President Quinlan suggested that residents take advantage of the Sports Core since
the season is almost over.
B. VILLAGE MANAGER
Manager Boehm announced the Village's new phone system has been installed. He
reported where new numbers could be found and that the main number is 630 -368-
5000.
C. VILLAGE CLERK — None presented.
12. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 8:30 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 6 of 6 August 8, 2006