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Minutes - 08/09/2005 - Board of TrusteesMINUTES OF THE AUGUST 9, 2005 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 23, 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 7:31 p.m The Pledge of Allegiance was given. 2. ROLL CALL: Deputy Village Clerk Carol Harty called the roll with the following persons PRESENT President Kevin M. Quinlan, Trustees John W. Craig, Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. ABSENT: Trustee Stelios Aktipis. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; Robert L. Kallien, Jr., Director of Community Development; James Bodony, Fire Chief, Thomas Sheahan, Chief of Police and Michael J. Meranda, Public Works Director. 3 PRESIDENT'S OPENING COMMENTS: President Quinlan shared that a meeting had just been concluded with Trustees Sanford and Kennedy who are the liaisons to the Plan Commission and the Zoning Board of Appeals and the Chairpersons of those committees, Lexi Payovich and Champ Davis along with Richard Boehm, Village Manager and Robert Kallien, Director of Community Development. He explained that the purpose of the meeting was to begin the interview process for openings on those committees, that the meeting went well and that all of the candidates have outstanding credentials. He expected that there would be permanent appointments at the next regularly scheduled board meeting. He announced that Champ Davis, the current chairman of the Zoning Board of Appeals, has agreed to continue his tenure for another five year term and that the official reappointment would take place at the next board meeting. He added that Mr. Davis was also a member of the redevelopment task force and that the first meeting of that group would take place on August 23 at 9:30 a.m. at the Village Hall He commented that he took great pride in announcing that we now officially have a new Fire Chief, James Bodony and Deputy Fire Chief, Thomas McEllin. VILLAGE OF OAK BROOK Minutes Page 1 of 7 August 9, 2005 3. President Quinlan reported that Chief of Police, Thomas Sheahan has been working on a reorganization assignment for the Police Department and as a result, Agenda Item 9.D. Police Department Organizational Structure Evaluation Recommendation will be removed from the Agenda. Chief Sheahan has announced that a formal restructure plan will be forwarded to the Board this week for their review. President Quinlan acknowledged that an award was given to the Oak Brook Fire Department for their courageous, sacrificial service that saved Barrow's Auditorium and the Billy Graham Center at Wheaton College on June 8, 2004. He announced that along with the plaque presented was a donation of $1,000 to the Oak Brook Fire Department. President Quinlan reported that there have been improvements made on the Old Butler School as part of an intergovernmental agreement with the Park District. He added that he was pleased to see the culmination of the results of the relationship with the Park Board. 4. RESIDENTNISITOR COMMENT: Mr Al Knuth, a resident of Oak Brook, commented that he and his neighbors were pleased to see that the Board voted to settle two outstanding lawsuits at a considerable savings to the Village. He felt that this was a step to let the healing begin. He was, however, dismayed to read that there was a possible reopening of these cases. His concern was what end and cost would that serve and was distressed to hear that the cost could be upwards of $100,000 He asked that any discussion of these lawsuits be done openly in the public view. President Quinlan responded that discussion of these items in Closed Meeting is not an attempt to hide anything, but there is a necessity to do so to make sure that there is no risk or to jeopardize the Village's position in the case. He added that when litigation is complete, minutes of those meetings are released for public view. 5. APPROVAL OF MINUTES: A. REGULAR BOARD OF TRUSTEES MEETING OF JULY 26, 2005 Motion by Trustee Craig, seconded by Trustee Kennedy, to approve the Minutes of the July 26, 2005 Regular Board of Trustees Meeting as presented. 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. VILLAGE OF OAK BROOK Minutes Page 2 of 7 August 9, 2005 Co 7 I Motion by Trustee Craig, seconded by Trustee Sanford, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 1 - Trustee Aktipis. Motion carried. A Accounts Payable for Period Ending August 5, 2005 - $206,323.11 Significant Items Included in Above: 1) James J. Benes & Associates — Payout #10 — 2005 Paving Project - $12,526.09 2) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Fees — July, 2005 - $14,810.00 B. Approval of Payroll for Pay Period Ending July 30, 2005 - $666,615.97 C. Community Development Referrals 1) Dana Park Subdivision — Final Plat with Variation to Subdivision Regulations - 3111, 3113 and 3115 Meyers Road D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2006 Paving Project E. Budget Adjustments 1) Public Works ITEMS REMOVED FROM CONSENT AGENDA — None presented. BOARD & COMMISSION RECOMMENDATIONS: A. ORDINANCE 2005 -LY -EXI -S -1132, "AN ORDINANCE AMENDING THE REFERENCE POLICY FOR THE OAK BROOK PUBLIC LIBRARY" At the July 19, 2005 meeting of the Library Commission staff proposed amendments to the Reference Policy that were accepted by the Library Commission This Policy was last amended and adopted by the Village of Oak Brook Board of Trustees on 1I- 25 -2003 by Ordinance 2003 -LY -EXI -S -1057. Motion by Trustee Kennedy, seconded by Trustee Sanford, for passage of Ordinance 2005 -LY -EXI -S -1132, "An Ordinance Amending the Reference Policy for the Oak Brook Public Library ". ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 —None Absent: 1 - Trustee Aktipis Motion carried. UNFINISHED BUSINESS: A CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS —None presented. VILLAGE OF OAK BROOK Minutes Page 3 of 7 August 9, 2005 9. C. AWARD OF CONTRACTS 1) ARCHITECTURAL SERVICES — HVAC SCREENING At the March 8, 2005 Village Board meeting, the Board authorized staff to solicit request for qualifications (RFQ) and to negotiate a professional service contract for the design, plan and specification preparation and construction services for the installation of HVAC screening at the Village Hall and Library. An advertisement was prepared and published on April 28, 2005 and mailed directly to several architectural firms. Unfortunately, when the submittal deadline was reached, no proposals were received. When the firms were contacted, some of the responses were: too busy, were not interested (too small of a project), didn't get into the right hands, or misplaced the RFQ. However, some of the firms did say they would submit proposals if the Village were to re- advertise which was done on May 17, 2005. Again, the results were disappointing with one encouraging exception. Legat Architects, a reputable Chicagoland firm with four area offices, one of which is in Oak Brook, did submit a proposal and were invited for an interview. The interview, conducted by Village Engineer Durfey, Community Development Director Kallien and Public Works Director Meranda was very constructive and subsequent inquiries with neighboring communities that have contracted with Legat in the past ranged from very good to excellent. To a community, they expressed that Legat had performed professionally, timely, creatively, and would certainly contract with them again (and some have) if the need were to arise. Confident that Legat could provide a quality product, a scope -of- service and compensation package was negotiated and is before the Board for consideration Proposed Architectural Costs vs. Budgeted Amount: As the screening design was deleted from previous contracts, staff needed to start over as the Village has missed any opportunity of realizing economy of scales that could have existed had the original Municipal Complex architect and Municipal Complex and Library construction manager been directed to proceed. Nevertheless, the Village did obtain construction estimates from both parties for all four screening sites and based upon those estimates, staff used an industry standard 15% of construction costs for architectural /engineering services. Apparently, for a project of this small scope, staff either grossly underestimated architectural services at the 15% level or the estimate for construction costs (approximately $145,000) are severely underestimated. Regardless, until actual competitive construction bids are received, it is unclear which estimate is flawed. VILLAGE OF OAK BROOK Minutes Page 4 of 7 August 9, 2005 a 10 C. 1) Budtet Considerations: Assuming a contract is awarded to Legat, and knowing that the design cost is considerably higher than the budgeted amount, and that the budgeted construction amount is more than likely insufficient, (a total of $167,250 is included within the FY -05 budget for both engineering /architectural services and construction), staff could defer construction until 2006 and use (transfer) a portion of the FY -05 construction budgeted funds to offset the overage in the design line item account. Motion by Trustee Yusuf, seconded by Trustee Manofsky, that the Village Board award a contract in the not -to- exceed amount of $64,070 be awarded to Legat Architects of Oak Brook, subject to staff review, for design, plan and specification preparation, and construction services of the Village Hall and Library HVAC screening project ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 — None. Absent: 1 - Trustee Aktipis. Motion carried. D. POLICE DEPARTMENT ORGANIZATIONAL STRUCTURE EVALUATION RECOMMENDATION This issue was introduced to Board of Trustees at its July 26, 2005 meeting. The Board requested that a scope of services be brought to the August 9, 2005 meeting for approval. That the Board of Trustees approve the following scope of services: 1. Conduct an analysis of the pre -2004 and current police departments' organizational structure. 2. Evaluate duties and responsibilities of department administration. 3. Compare organization structures of other suburban Police Departments with similar manpower and service demographics. 4. Meet with key stakeholders regarding the Police Department organization. 5. Recommend organizational structures(s) that would have the effect of increasing department effectiveness and efficiency. President Quinlan indicated earlier in the meeting that Police Chief Sheahan was developing a reorganization assignment for the Police Department and that this item has been removed from the agenda as a formal restructure plan will be presented to the Board. NEW BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS — None presented. VILLAGE OF OAK BROOK Minutes Page 5 of 7 August 9, 2005 10. C. AWARD OF CONTRACTS D. INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DUPAGE & THE VILLAGE OF OAK BROOK FOR CONSTRUCTION IMPROVEMENTS FOR MIDWEST ROAD In February 2003, the Village of Oak Brook received notice that DuPage County planned to slightly widen and resurface Midwest Road between 22"d Street and Butterfield Road. Staff contacted DuPage County to inquire if they would include in their plans a replacement water main since the Village had plans to do so due to its age and condition with the Village reimbursing the County for the appurtenant costs. The County agreed and had their consultant design the appropriate plans. Staff has been negotiating an intergovernmental agreement (IGA) for this item. It includes Village reimbursements of $13,200 for design, 10% of the construction cost for construction engineering services (a reasonable percentage — estimated to be $23,800 based on the engineer's estimate), and the cost of the actual construction work (estimated to be $238,346) Attorney Kubiesa has reviewed the IGA and found it acceptable as to form. Motion by Trustee Manofsky, seconded by Trustee Yusuf, that the Village Board approve the Intergovernmental Agreement between the County of DuPage and the Village of Oak Brook for Construction of Improvements for Midwest Road. ROLL CALL VOTE: Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Aktipis. Motion carried. 10. E. JORIE BOULEVARD LOCAL AGENCY PAVEMENT PRESERVATION APPLICATION Jorie Boulevard was totally reconstructed in 1992. The Village's current 10 -year Roadway Maintenance Plan recommends a 15 -year cycle between overlays which would be 2007 for Jorie Blvd. In order to even out expenses for the next 5 years, the Plan has been revised to extend overlaying Jorie Boulevard until 2009. Staff investigated available grants and found a Local Agency Pavement Preservation (LAPP) application appropriate. This grant provides 70% funding with the Village needing 30% of the cost. The engineer's construction estimate is about $1,000,000 in 2009. Trustee Yusuf commented that this was a great step on staff's part and the grant could pay 70% of the cost of repaving Jorie Blvd. He felt that the Village should continue to be aggressive in pursuing these types of grants since residents pay income tax and it would be good to get a piece of it back. VILLAGE OF OAK BROOK Minutes Page 6 of 7 August 9, 2005 10 E. Village Manager Boehm added that this developed through the Village's association with DuPage Mayor's and Managers Conference. He explained that this is Federal funding allocated to the Region that is available through the Conference. He added that the engineer's estimate for the repaving was $1,000,000 and a grant of $700,000 would be very important to the Village. He also added that the Village had been successful in the past in applying for grants like the bike path system. He reported that the 31St Street construction that is going on right now is a result of the Village's efforts and that staff would continue to look for other opportunities. Motion by Trustee Sanford, seconded by Trustee Yusuf, that the Village Board authorize staff to apply for a Local Agency Pavement Preservation Grant for Jorie Boulevard VOICE VOTE: Motion carried. 11 INFORMATION & UPDATES: A. VILLAGE PRESIDENT — Reported in the early part of the meeting. B VILLAGE MANAGER - Village Manager Boehm commented that Village staff does a very good job in providing information to the public. He reported that the media had issued a survey to local municipalities and they reported that Oak Brook was among those that responded in a timely manner. He asked that residents honor the Village watering restrictions to assure that the water supply is maintained at an adequate level. C. VILLAGE CLERK — No report was given. Trustee Yusuf commented on how great the bike system was and encouraged residents to use it. 12. ADJOURNMENT Motion by Trustee Craig, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 7:46 p.m. VOICE VOTE: Motion carried. ATTEST: _s /Carol L Harty Carol L. Harty Deputy Village Clerk VILLAGE OF OAK BROOK Minutes Page 7 of 7 August 9, 2005