Minutes - 10/12/2004 - Board of TrusteesMINUTES OF THE OCTOBER 12, 2004 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
NOVEMBER 9, 2004.
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 7:30 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 Stelios Aktipis, John W. Craig, Susan
Chase Korin, Asif Yusuf and Elaine Zannis.
ABSENT: Trustee George T. Caleel
IN ATTENDANCE: Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village
Manager; Harlan Spiroff, Village Attorney; Dale L. Durfey, Jr., Village
Engineer; Robert Cronholm, Fire Chief; Bruce Kapff, Director of
Information Services & Purchasing; Michael J. Meranda, Public Works
Director and Police Lt. Stephen Larson.
3. RESIDENT/VISITOR COMMENT:
William Denton addressed the Board of his concern of building code violations at the new
Library. He noted that screening is missing around the vent on the south side of the Oak
Brook Public Library. He remarked that this item was mentioned several years ago as it
was to be addressed but the unit is still visible from the street. He understood that a shield
was to be in front of the unit as part of the construction process.
Village Manager Boehm stated that there are units that need to be screened on several
buildings and it is a budgetary issue that staff is presently addressing.
Steve Vobrin, General Manager for BFI, who is the Village's current waste
hauler /scavenger, addressed the Board of the request for proposals for the Village's
scavenger /waste hauler. He indicated his company is a subsidiary of Allied Waste
Industry and BFI has provided quality service to Oak Brook residents for over twenty
years. He asked the Village Board to direct staff to negotiate a refuse agreement with the
most qualified service provider BFI.
Casey Gaik stated that what was occurred in recent months is disconcerting to a majority
of residents. He commented to the Board of the embarrassment the Village is going
through during this difficult time and thanked the Trustees for their patience and strength.
VILLAGE OF OAK BROOK Minutes Page 1 of 21 OCTOBER 12, 2004
3. He asked President Quinlan, on a voluntary basis, to submit his resignation as Village
President as well as Village Attorney Ken Kubiesa. He understood that the Village Board,
from a legal point of view, does not have the authority to terminate his position since being
elected but requested this. In his opinion, he stated that President Quinlan was not
effective and did not have the support of the Board of Trustees. He suggested that any
issues proposed by President Quinlan to the Board of Trustees would probably be
terminated or refused. He remarked that he was angry as he suggested that the Board of
Trustees are being investigated and people question their sincerity to the Village of Oak
Brook. He indicated that he wished former President Bushy was in office, as she did not
have hidden agendas as she spoke on behalf of the residents in the community and that is
something President Quinlan, the Police Chief or the Village Attorney is not doing. He
further stated that it was absurd that President Quinlan requested the Trustees to give up
their right to advice and consent, as this would indicate that their opinions are irrelevant
Again, he requested President Quinlan to resign.
4. APPROVAL OF MINUTES:
SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 7, 2004 CONTINUED
FROM SEPTEMBER 28, 2004
Trustee Zannis stated that she had previously asked that this agenda item be removed.
Trustee Zannis requested the approval of the Special Board of Trustees Meeting of
September 7, 2004 be continued at this tune.
REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 28, 2004
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the minutes of the
September 28, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be enacted
in one motion. Trustee Korin requested that Agenda Item 5. G Approval of Budget
Adjustments and 5. H. Approval of Retention of Land Use Expert is removed from the
Consent Agenda for discussion. Trustee Zannis requested that Agenda Item 5. D.
Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Replacement of
Ambulance #915 be removed for further discussion.
Motion by Trustee Aktipis, seconded by Trustee Craig, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 21 OCTOBER 12, 2004
5. A. ACCOUNTS PAYABLE FOR PERIOD ENDING OCTOBER 8, 2004 - $285,497.08
Significant Items included in Above:
1) Fritz Landscape — Payout #6 — Municipal Complex Project - $9,367.80
2) Civiltech Engineering — Payout #12 — York Rd /Harger Rd Bike Path Phase III -
$20,577.00
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 25, 2004 -
$541,939.20
C. COMMUNITY DEVELOPMENT REFERRALS
E. AUTHORIZATION TO HIRE, PROMOTE OR REASSIGN DUTIES OF VILLAGE
EMPLOYEES
F. RATIFICATION OF POLICY THAT ANY BUDGET LINE ITEM THAT
EXCEEDS 10% OF ITS BUDGET MUST BE APPROVED BY THE BOARD OF
TRUSTEES
6. ITEMS REMOVED FROM CONSENT AGENDA
5.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) Replacement of Ambulance #915
Trustee Zannis stated that if the Village writes the specifications and goes out to bid, the
delivery would be in the third quarter of 2005. Currently the vehicle is funded with
$175,000 in the budget and there is a replacement schedule for equipment. She noted
that the budget cycle is coming up and asked to review the budget first and its
projections before making this decision. She is aware of items that have not been able
to be completed such as the screening of the HVAC equipment which have been
delayed for three years and suggested that they be addressed now. She requested
deferment of the replacement of Ambulance #915 until the budget is prepared.
Fire Chief Cronholm explained that the present ambulance has become a maintenance
burden. The proposed replacement has a heavier duty chassis to extend the life of the
ambulance, which would be the second such vehicle in the Fire Department. President
Quinlan inquired if there is a safety risk if the purchase of the ambulance is delayed.
Fire Chief Cronholm noted that there is a risk if front line equipment is being repaired
and regular maintenance occurs that there isn't a backup. There are provisions for
immediate care but transportation would task other resources outside of the Village.
VILLAGE OF OAK BROOK Minutes Page 3 of 21 OCTOBER 12, 2004
6 5. D. 1)
Trustee Zannis asked for a two -month delay to determine if it is feasible when the
budget process is reviewed in December.
Motion by Trustee Zannis to continue the replacement of Ambulance #915 until the
December financial review.
Trustee Yusuf commented he didn't see any harm in going out to bid and suggested
requesting the lowest bidder to delay the purchase of the ambulance.
Trustee Zannis asked what percentage of the time is the vehicle in use. Chief Cronholm
stated it is used 30% of the time. President Quinlan asked the Chief if it would become
burdensome for his staff to prepare the specifications and get the numbers available
while staff works on the budget. Then when the budget is prepared, the Board would be
able to make a decision whether or not the Village is able to purchase the vehicle.
Chief Cronholm indicated that the specifications for the ambulance are already
complete and available tomorrow. President Quinlan explained that the Board would
just be giving staff authorization to send the specifications to ambulance providers to
bid. The provider would respond and then staff would know the costs and it could be
incorporated into the Village budget. President Quinlan asked for a second of the
original motion. The motion as stated:
Motion by Trustee Zannis, seconded by Trustee Korin, to continue the replacement of
Ambulance #915 until the December financial review. ROLL CALL VOTE:
Ayes: 1 - Trustee Zannis.
Nays: 4 - Trustees Aktipis, Craig, Korin and Yusuf
Absent: 1 - Trustee Caleel. Motion carried. Trustee Craig passed which goes with the
majority as a nay vote. Motion failed.
Motion by Trustee Yusuf, seconded by Trustee Craig, to approve the replacement of
Ambulance #915. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin and Yusuf.
Nays: 1 - Trustee Zannis.
Absent: 1 - Trustee Caleel. Motion carried.
G. APPROVAL OF BUDGET ADJUSTMENTS
Trustee Korin stated she had requested removal of this agenda item as it is a new
process presented to the Board. Village Manager Boehm explained in order for staff to
comply with the Village Board's request that they approve all line items exceeding 10%
of budget; staff has recommended these budget adjustments. Staff made a decision to
try to even out those line items that are 10% over budget by transferring to and from
accounts. He indicated that the staff normally does program transfers within the funds
VILLAGE OF OAK BROOK Minutes Page 4 of 21 OCTOBER 12, 2004
6. 5. G.
but this process required more detailed efforts by the Finance Department and the
Directors.
Manager Boehm clarified that staff is recommending Board approval for these budget
adjustments of line items 10% over budget. Staff has explained how the overage is
being funded with the budget adjustments being made on an on -going basis.
Trustee Korin asked how the increase of the Police Pension Fund is being funded.
Manager Boehm remarked that Finance Director Langlois had explained that this is a
single program fund with limited amounts and money cannot be moved from the
General Fund to the Police Pension Fund. In this case, the total budget needs to be
increased in order to pay the pension benefits that are projected to go over budget.
Revenues and reserves would be used from the Police Pension Fund to fund the overage
of individual benefits.
Trustee Zannis suggested that if the Board approves this, in actuality the Board is
authorizing the Departments to spend the extra funds. She asked if the Board does not
approve this process, then what would staff do. Finance Director Langlois explained
that the Board is authorizing staff the reallocation of resources to cover an overage and
not authorizing spending of more funds. Within these programs, most of the funds are
being moved around to prioritize items so that the total budget remains within the target
set by the Village Board.
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the budget
adjustments as presented. ROLL CALL VOTE-
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
H. APPROVAL OF RETENTION OF LAND USE EXPERT
Trustee Korin asked to discuss this Agenda Item as she thought the Board's decision
was to postpone this item. Trustee Aktipis concurred that this matter was postponed
until later. President Quinlan suggested that this Agenda Item be continued to the next
Village Board meeting as Trustee Aktipis and he have a meeting on this subject prior to
the next Board meeting. Trustee Aktipis and he would bring suggestions to the Board
from this meeting.
Motion by Trustee Korin, seconded by Trustee Aktipis, to continue this agenda item to
the next regularly scheduled Village Board meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 21 OCTOBER 12, 2004
7. BOARD & COMMISSION RECOMMENDATIONS
A. BUTLER NATIONAL GOLF COURSE — 2616 YORK ROAD — VARIATION TO
TITLE 9 — STORM WATER, FLOODPLAIN AND SEDIMENTATION AND
EROSION CONTROL REGULATIONS — SECTION 9 -6 -3V TO ALLOW THE
RELOCATION OF BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF
SALT CREEK
Butler National Golf Club, the owner of the property located at 2616 York Road has
submitted a petition seeking approval of a variation to Title 9 - Storm Water,
Floodplain and Sedimentation and Erosion Control Regulations of the Village allow
the relocation of existing bunkers and tee boxes within the floodway of Salt Creek.
Golf courses are not specifically listed as an appropriate use in the floodway.
Accordingly, since the proposed improvements are not listed as permitted activities, it
was determined that the requested variation was necessary.
Recommendation:
The Zoning Board of Appeals, by a vote of 5 to 0 have recommended approval of the
requested variation in order to permit the relocation and reconstruction of several
bunkers and tee boxes that are within the floodway of Salt Creek subject to the
following conditions:
The development shall be in substantial conformance with the plans as submitted
(see Exhibits Books C and D of the case file).
• Final Engineering approval of the Stormwater permit applications.
In making this recommendation, the Zoning Board of Appeals found that the petitioner
has addressed the factors as required for approval of a variation to Title 9. In
particular, the applicant has provided testimony that:
1. Granting the variation shall not alter the essential character of the area involved,
including existing stream uses; and
2. Carrying out the strict letter of the provisions of this title would create an undue or
particular hardship or difficulty on a specific developer or owner; and
3. The relief requested is the minimum necessary and there are no practicable means
other than the requested variation by which the alleged hardship can be avoided or
remedied to a degree sufficient to permit the reasonable continuation of the
development; and
4. The applicant's circumstances are unique and do not represent a general condition
or problem; and
VILLAGE OF OAK BROOK Minutes Page 6 of 21
W4
OCTOBER 12, 2004
7. A.
5. The subject development is exceptional as compared to other development subject
to the same provision; and
6. A development proposed for a special management area could not be constructed if
it were limited to areas outside the special management area.
Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the
recommendation of the Zoning Board of Appeals and approve the requested variation
and authorize the Village Attorney to draft the necessary ordinance for final
consideration at the October 26, 2004 Board of Trustees meeting. VOICE VOTE:
Motion carried.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- AP -BD -G -762, "AN ORDINANCE AMENDING TITLE 1
( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE
FOR LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS.
Trustee Aktipis stated this agenda item was requested by the Village Board earlier
with a request by the Village Attorney relative to the Board's desire to create an
ordinance limiting the temporary appointments time. The Attorney offered his
legal opinion that the Village Trustees did not have the legal authority to move
forward with this amendment to the Village Code. Subsequently to that, the Board
has obtained independent legal opinion that suggests that the ordinance is within the
legal authority of the Village Trustees and therefore it is introduced on the agenda.
He stated that again the Village Attorney has provided an unsolicited opinion that
the Village Trustees are violating the law in passing this ordinance, as they believe
this to be an incorrect opinion.
Motion by Trustee Aktipis, seconded by Trustee Korin, for passage of Ordinance
2004- AP -BD -G -762, "An Ordinance Amending Title 1 ( "Administration "),
Chapter 5 ( "Appointed Village Officials ") of the Village Code of the Village of
Oak Brook to Provide for Limits to Temporary Appointments of Village Officials.
President Quinlan, for the record, indicated based on the advice of the Village
Attorney that he believes that this is not according to State Statute and in violation
of the Restraining Order that is currently in place. He asked if it is the Board's
intention, if he calls the motion out of order, to overturn President Quinlan's out of
VILLAGE OF OAK BROOK Minutes Page 7 of 21 OCTOBER 12, 2004
8. B. 1)
order. Trustee Aktipis stated that this is correct. President Quinlan stated "May I
assume that you have the votes to do that." Trustee Aktipis stated "to go ahead."
President Quinlan called the motion out of order.
Motion by Trustee Aktipis, seconded by Trustee Zannis that President Quinlan's
ruling be overruled. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf,
Absent: 1 - Trustee Caleel. Motion carried.
President Quinlan then called for a roll call vote on the original motion. ROLL
CALL VOTE:
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Absent: 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS
1) RESIDENTIAL SCAVENGER
President Quinlan explained that part of the Village's plan in the increase in tax
referendum was the opportunity to possibly provide free garbage service to its
residents. Request for proposals asked the providers to include the cost of residents
paying for their services or the Village to process the costs through Village funds.
He noted that as indicated in the prior discussion this evening that BFI has serviced
the Village residents for over twenty years and if the Board does change
scavengers, he asked to include in the recommended motion to direct staff to do a
thorough investigation to insure that if suppliers are changed that the new supplier
can meet or exceed the level of service the Village has had in the past.
On September 8, 2004, the Village of Oak Brook advertised for and circulated
proposals for a five (5) year agreement with two (2) option extension years for the
Village of Oak Brook Residential Waste Hauler Collection Service Agreement
(refuse, recycling, and landscape waste) as directed by the Village Board.
Request For Proposal Schedule:
RFP Advertisement
Pre - proposal Meeting
Last Day for Written Questions
Proposal Opening
Review and Approval by Village Board
VILLAGE OF OAK BROOK Minutes Page 8 of 21
a
September 8, 2004
September 22, 2004
September 27, 2004
October 1, 2004
October 12 & 265 2004
OCTOBER 12, 2004
8. C. 1)
The proposal requested set rates for a five (5) year agreement for refuse, recyclables,
and landscape waste collection with the same collection day of Monday, excluding
specified holidays when collection will occur on Tuesdays. The proposal established
a Scope of Services" for interested firms to submit proposals for the four existing
service collection options:
A. Once - Per -Week Curbside "Flat Rate" collection service of Refuse and
Recyclables and "volume- based" Yard Waste;
B. Twice - Per -Week Curbside collection service of Refuse and Recyclables and
"volume- based" Yard Waste;
C. Once - Per -Week Back Door collection service of Refuse and Recyclables
and curbside "volume- based" Yard Waste;
D. Twice - Per -Week Back Door collection service of Refuse and Recyclables
and curbside "volume- based" Yard Waste collection.
The rates for these options were submitted according to two payment options: 1)
Customer Billing and 2) Municipal Billing.
In addition, the RFP required specific provisions be adhered to by the successful
contractor including:
1) Performance Bond;
2) Non - Assignment Clause;
3) Optional Billing Procedures;
4) Village Requirements for Insurance Coverage, Indemnification;
5) Damage Provisions for non - performance /strikes; and
6) A required Transition Period/ "Grace" Period for residents to insure a smooth
transition in agreements, including the ability for residents to utilize yard waste
stickers purchased under the previous agreement.
Additional Items Requested in the Proposal:
A. Village of Oak Brook Facilities to receive free standard service;
B. Two free Christmas Tree Collections for Residents;
C. An Alternate Quote for Special Services, i.e., Street Cleaning (in the event
Public Works would require back -up); and
D. An Alternate Quote for Leaf Hauling to assist the Village Leaf Program
performed by Public Works.
Request For Proposal Results:
On October 1, 2004, the Village of Oak Brook received four (4) proposals from
interested waste haulers. These proposals were submitted by:
1. BFI
2. Waste Management
3. Onyx
VILLAGE OF OAK BROOK Minutes Page 9 of 21 OCTOBER 12, 2004
8. C. 1)
4. Crown
The rates submitted by the group were fairly competitive with Crown Recycling
and Waste Services, Inc. submitting the lowest rates for both billing options
(Customer Billing and Municipal Billing). Attached as Exhibit 1 is a spreadsheet
that outlines all rates submitted by the four proposal submitted.
Crown Recycling and Waste Services, Inc.
As illustrated in Exhibit 1, the rates proposed by Crown that, if approved, would be
in effect from November 1, 2004 through December 31, 2005 are as follows:
Crown Recycling and Waste Services, Inc.:
Yard Sticker 2.00
1.82
Municipal Billing
Once - Per -Week Curbside 12.80
N/A
Twice - Per -Week Curbside 22.65
N/A
Once - Per -Week Back Door 19.89
N/A
VILLAGE OF OAK BROOK Minutes Page 10 of 21 OCTOBER 12, 2004
Options
Description
Year # 1
Current with BFI
Customer Billing
Once - Per -Week Curbside
3.55
12.51
Twice - Per -Week Curbside
23.40
19.24
Once - Per -Week Back Door
20.04
19.09
Twice - Per -Week Back Door
29.89
28.64
Yard Sticker 2.00
1.82
Municipal Billing
Once - Per -Week Curbside 12.80
N/A
Twice - Per -Week Curbside 22.65
N/A
Once - Per -Week Back Door 19.89
N/A
VILLAGE OF OAK BROOK Minutes Page 10 of 21 OCTOBER 12, 2004
8. C. 1)
Twice - Per -Week Back Door 29.14
N/A
Yard Sticker 2.00
N/A
On October 7, 2004, Village Staff met with a representative of Crown to clarify
various points submitted in their proposal. (Note, at this point the Village has not
made public the results of the proposal opening to any of the four contractors that
submitted proposals and will refrain until the Village directs staff to negotiate the
agreement.) During this meeting, Crown overviewed other clients they serve
specifically, Glenview, a community that has "back door service and is comparable
to the Oak Brook program. In addition, staff requested fixed rates be submitted to
the Village as opposed to the percentage increases tied to CPI in years 2 through 7.
Staff also asked for clarification on the treatment of appliances /white goods and
requested a quote for banquet /restaurant trash hauling at the Sports Core which was
removed from the RFP as a cost containment measure for the residents. The
response from Crown will then be negotiated as part of the final agreement.
In result, Crown did submit a revised rate schedule of fixed rates beyond year one
and clarified that white goods are including in the flat rate as submitted.
With the direction of the Village Board, staff will negotiate an agreement with
Crown for the Agreement as outlined in the RFP and begin working with Crown on
public notification and the transition process to the new hauler. Necessary for said
negotiation, staff is requesting final direction from the Village Board on whether
the Customer Billing Method or the Village Billing Method should be
implemented. A Draft Agreement has been forwarded to the Village Attorney for
review and modification.
Motion by Trustee Yusuf, seconded by Trustee Craig, to authorize staff to negotiate
a final agreement with Crown Recycling and Waste Services, Inc., for the Oak
Brook Residential Refuse, Recyclables, and Yard Waste Collection Services
Agreement and to direct staff to work with Crown to begin the transition of services
including resident notification.
Trustee Aktipis asked what the motion entailed and does it authorize staff,
especially the Finance Director, to review the present projections of income if the
Village would be in a position to undertake the cost of scavenger pickup. President
Quinlan stated that this is a decision of the Village Board to be addressed at a later
time.
Motion by Trustee Aktipis to continue this agenda item to the next Village Board
VILLAGE OF OAK BROOK Minutes Page 11 of 21 OCTOBER 12, 2004
8. C. 1)
meeting and direct staff to analyze the feasibility based on the Village's financial
ability to undertake the cost of scavenger service to its residents.
President Quinlan stated that the direction of the motion was for staff to review the
contract with the provider to insure proper services were given to the residents of
Oak Brook and if the Board approved Crown in a final action and provide the
services.
Motion by Trustee Aktipis to amend the motion to include directing the Finance
Director and the Village Manager to study the Village's financial situation to
determine if there is revenue to undertake the cost of scavenger collection for its
residents.
Manager Boehm explained that the BFI and Crown bids were very competitive. He
stated that the Board would negotiate with the low bidder but indicated that the
Board could waive the bidding process and direct staff to negotiate with BFI. He
did not recommend negotiating with BFI. He stated for the record that BFI has
been a good vendor for the community but the Board did authorize the staff to go
out and seek proposals which included dollar amounts and Crown has shown its
willingness to take up the task of responding with a very good dollar proposal and
he believes that they have the means to meet the demands of this community.
Trustee Korin asked if BFI could submit a new bid. Attorney Spiroff stated the
Board could reject all bids and authorize staff to negotiate with whomever the
Board thinks would provide the best service. Trustee Korin stated if BFI hadn't
come to the Board meeting, then it would be fine to go with Crown but they
attended the meeting and want to do business with the Village of Oak Brook.
President Quinlan asked the Board if they wish to direct staff to negotiate with BFI.
Attorney Spiroff stated since there was a process he recommended to reject all bids
and authorize staff to negotiate with whomever the Board wishes.
Motion by Trustee Craig, seconded by Trustee Korin, to reject all bids and direct
staff to re- negotiate with BFI for Oak Brook Residential Refuse, Recyclable, and
Yard Waste Collection Services. ROLL CALL VOTE:
Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis.
Nays: 1 — Trustee Yusuf.
Absent: 1 - Trustee Caleel. Motion carried.
2) STATE BID OF DEICER SALT
The Village Board, at the March 23, 2004 meeting approved the Village's
participation in the State's Joint Purchasing Program for deicer salt. We have been
VILLAGE OF OAK BROOK Minutes Page 12 of 21 OCTOBER 12, 2004
8. C. 2)
notified that the low bid received was from North American Salt Company in the
amount of $31.17 per ton delivered; 4% higher than last season's price of
$29.97/ton.
As part of the contract with the State, we are obligated to purchase at least 70% of
the requisitioned amount (1,050 tons), and the vendor is obligated to sell us 130%
of the requisitioned amount (1,950 tons) at the stated unit price. The vendor is not
obligated to honor the contract price for purchases in excess of 130 %. However, as
we use approximately 1,500 tons during a typical winter season, the requisitioned
amount plus an additional 300 tons we presently have on hand should be sufficient
to carry us through the season.
Additionally, as we are on a calendar year budget, funding for our deicer salt needs
must be split between to fiscal years, 2004 and 2005. To date, $27,924 has been
expensed out of $49,460 budgeted in FY -04. Therefore, any deicer salt purchased
during the balance of this year will be charged against FY -04 and any purchases
after December 31, 2004 will be included and charged against FY -05. Lastly, as it
has been determined that snow and ice control services can and should be charged
against the infrastructure fund, the appropriate budgetary change will be made.
Motion by Trustee Zannis, seconded by Trustee Korin, to issue a purchase order to
North American Salt Company in the amount of $46,755 for 1,500 tons of highway
deicer salt based on the contract unit price of $31.17 per ton delivered. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
D. RATIFICATION OF POLICY THAT ANY OUTSIDE CONTRACTING SHOULD
BE APPROVED BY THE BOARD OF TRUSTEES
Trustee Zannis stated that at a prior Board meeting she had requested several motions
to present to the Board of Trustees one being that any time a Department was 10% over
budget of a line item it must come before the Board for approval. The other motion
was to present to the Board for approval any contract services. Subsequent to that
Trustee Korin had made a motion for the Ad Hoc Committee and it was brought back
to the Board stating that it had not been put on the agenda for final action and so it had
to be ratified. She asked for ratification any time contract services are contracted out.
Manager Boehm asked if there were any limits of the dollar amounts as on occasion the
Village may use an outside contractor such as software upgrade that may be $100.00 or
is it every one. Trustee Zannis clarified that it the Village is spending $1,000.00 a
VILLAGE OF OAK BROOK Minutes Page 13 of 21 OCTOBER 12, 2004
8. D.
month then the Board should be made aware. Manager Boehm asked the Board to
consider having staff present a proposal of the limits and try to capture the intent for the
next Board meeting.
Trustee Zannis stated the intent is if the Village will use some type of services on a
regular basis that will amount to a reasonable amount of money that the Village Board
be made aware.
Motion by Trustee Zannis, seconded by Trustee Korin, to continue this agenda to the
next Board meeting and direct staff to present a policy of outside contracting of
services. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 -None
Absent: 1- Trustee Caleel. Motion carried.
E. APPROVAL OF VILLAGE ATTORNEY FEES - $22,173.50 CONTINUED FROM
SEPTEMBER 28, 2004
Trustee Korin stated that Attorney Kubiesa had addressed to her the items she
questioned in his billing list. She asked that the bill be paid except for items that she
still questioned. Trustee Aktipis suggested that the bill be paid under protest and that
would mean whatever amount the Board feels later on that should not have been paid
would be subtracted from future bills of the Village Attorney.
Attorney Spiroff recommended to pay the bill as Trustee Korin had originally
suggested. Trustee Aktipis stated there is a general issue of the cost of the overall bills
being paid to the Village's present Attorney. He asked that all Village Attorney bills be
paid under protest until such time as the Committee has had an opportunity to review
the entire bills as submitted by the Village Attorney for the last eleven months.
Trustee Korin commented that she had requested Attorney Kubiesa to submit a
memorandum from August 6, 2004 regarding some legislation and the Board received
the memorandum from June 18, 2004. It may have been a simple clerical error but it
did not speak to her point. Trustee Korin indicated that she part of the issue is with the
billing that there are not billing rates with the hours. Manager Boehm explained there
are three different rates for the Village fees. Trustee Korin recommended pulling off
those items of the bill that she had issues that were not answered and pay the remainder
of the bill.
Attorney Spiroff suggested that the numbers can be determined based on Trustee
Korin's memorandum and Manager Boehm may determine those amounts. He
recommended Manager Boehm then deduct those amounts from the bill in relation to
those items set forth in Trustee Korin's memorandum.
VILLAGE OF OAK BROOK Minutes Page 14 of 21 OCTOBER 12, 2004
:rz� - I
8. E.
Motion by Trustee Korin to direct the Village Manager to deduct those amounts from
Village Attorney Kubiesa's bill in relation to the items set forth in Trustee Korin's
memorandum of October 12, 2004. Trustee Aktipis asked that the motion be amended
that the entire bill be paid under protest.
Motion by Trustee Korin, seconded by Trustee Zannis, to approve Attorney Ken
Kubiesa's legal services invoice in the amount of $22,173.50 for the month of August,
2004 under protest. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
Trustee Zannis stated in the business world there is the cost of doing business where an
individual invests a particular amount of time in education or resources to more
effectively do your job. She asked if attorneys do they absorb their research time as a
cost of doing business or do they bill that out.
Attorney Spiroff indicated that it depends if there is new case law then it would be
appropriate. She asked who would have access to that knowledge. Attorney Spiroff
suggested the Board would access either in response to a question in a memorandum
given on a particular issue before the Village. Trustee Zannis stated she had asked
Attorney Kubiesa is legal counsel proactive. She asked if you were an attorney, are
you obligated to contact her and give legal advice that was not solicited He indicated
that it depends if there is new legislation or a case that would affect Village operations
or something before the Board at the time it would be appropriate. They would inform
the Board as to what their legal rights or duties are to that new case or statute.
Trustee Zannis asked, if you are doing research for your job as Village Trustee
representing the Board and you go to seek legal advice to concur with your opinion,
does the billing of those hours have to be pre- approved by the Board. Attorney Spiroff
stated not necessarily if the issue is before the Board and the Attorney states he does
not have an answer and it has to be researched then the Board could state yes or no
whether they want the research is done and thus whether the expense is incurred. If it
affects the Village operations, the attorney thinks staff needs to know on an immediate
basis then there would be no pre- approval because that is part of what the Village
Attorney is to be doing. Trustee Zannis stated it is good to receive itemized bills on a
regular basis as clearly a lot of research has been done on issues that the Board isn't
aware of, and at least now they can see what has occurred and they have access to that
information.
Trustee Aktipis asked when an attorney writes a letter to a Trustee, based on research
that he believes to be entitled to be treated in a certain way, either to be paid a certain
amount or benefits but has tied research in order to support his position, is he then
VILLAGE OF OAK BROOK Minutes Page 15 of 21 OCTOBER 12, 2004
8. E.
billing the client for whom he actually has a dispute.
Attorney Spiroff stated it would depend on the situation. In certain situations it might
be appropriate and some it may not be appropriate. You need a set of facts first and the
answer given to you.
9. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE 2004- TX -UT -G -780, "AN ORDINANCE FURTHER AMENDING
ORDINANCE G -470, ESTABLISHING A UTILITY TAX WITHIN THE
VILLAGE OF OAK BROOK, IL"
The Village first imposed utility taxes on various utilities in 1991. When the tax
was originally imposed, the enabling ordinance included a one year "sunset"
provision so that the Village Board could review both necessity and the rates of tax
annually. The tax has been re- imposed each year thereafter (at varying rates), and
the current ordinance imposing this tax expires on December 31, 2004.
When the 2004 -2008 Five -Year Plan was completed, it was projected that these
taxes were needed at the maximum rate of 5% for the duration of the planning
period. Although the non -home rule sales tax referendum was successful and will
result in additional revenues in excess of $2 million annually, due to restrictions on
this revenue sources (public works items), it has been planned that 100% of the
utility tax would be redirected to the General Corporate Fund in order to fund
operating programs, begin to increase cash reserves back to the six month level, etc.
Although the Village Board has not yet considered either the 2005 Budget or 2005-
2009 Five -Year Financial Plan, action on this item is requested at this time in order
to give appropriate notice to the utilities of the Village's intent to continue
imposition of these taxes.
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance
2004- TX -UT -G -780, "An Ordinance Further Amending Ordinance G -470,
Establishing a Utility Tax Within the Village of Oak Brook, IL" which extends the
imposition of the utility tax on natural gas and electricity at the rate of 5% through
December 31, 2005.
Trustee Zannis pointed out that the Board is asking to keep this utility tax prior to
setting the budget. She commented that it is taxing the people then let's build the
budget given this anticipated extra revenue and she has been an opponent on this.
VILLAGE OF OAK BROOK Minutes Page 16 of 21 OCTOBER 12, 2004
9. B. 1)
She indicated that it was passed when she was on vacation and she was not
supportive of it then. She has preached that it be reduced a percent at a time. She
asked this when the sales tax revenue was increased $2,500,000 and she prefers to
have the tax at 4% so that the budget is set accordingly.
President Quinlan noted that $2,500,000 is projected revenue stream and the
Village has yet to realize that at this time. Trustee Zannis suggested that the Board
not pass this until they know the amount. This would be a huge message to our
community to do the right thing in servicing our community.
Trustee Yusuf recommended the garbage pickup be done first as 100% of the
revenue is returned to the residents as this will return 30 to 35% to our residents.
The remaining amount to our corporate residents.
Trustee Aktipis disagreed with Trustee Yusuf and suggested that the Village still
would have the collection of garbage and reduce the utility tax also. He
recommended waiting for an analysis of the situation from the Finance Director and
then reviews those figures to make those decisions.
Trustee Yusuf asked if the Board passed the utility tax at 5 %, at what point could it
be amended to 4% with still providing adequate notice to the utility suppliers.
Finance Director Langlois explained that it is a three -month lag. He stated that the
six -month operating revenue is short $1,200,000 presently and the projected
increase in sales tax revenue will be used for garbage pickup. Finance Director
Langlois suggested continuing this agenda item to the October 28, 2004 Board
meeting for staff to review the projected revenues.
Motion by Trustee Aktipis, seconded by Trustee Yusuf, to continue this agenda
item to the next Village Board meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
Manager Boehm explained that staff has done some projections in that garbage
service if billed to the municipality would cost approximately $460,000 and for
consideration of the financial impacts of the garbage service and others. He stated
that last year's Village budget was balanced by numerous deferrals of capital items.
Staff is looking at the budget process and will make recommendations to the Board.
They are trying to implement those deferrals over the Village's five -year program.
There are a lot of needs that have been unfunded for the last several years and it is
hoped that they are not lost.
Trustee Korin stated the issue of the Village paying for the garbage is a very
VILLAGE OF OAK BROOK Minutes Page 17 of 21 OCTOBER 12, 2004
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9. B. 1)
popular one and she realized that the Village previously paid for the garbage. It
would be great if that could occur again but she personally believes it is much more
important that the Village bring the reserves up to the six -month level before the
Board even considers the garbage issue.
Trustee Zannis stated that it can be taken with everything including the telephone
systems, landscaping, and screening of the HVAC or the outside wall. President
Quinlan asked that the Board return to the agenda as both of those items have been
continued.
2) ORDINANCE 2004- LC -AL -G -761, AN ORDINANCE AMENDING TITLE 4,
CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED
LIQUOR LICENSES
THI IV Oak Brook Lessee, LLC has made application to the Village of Oak Brook
for a Class D & E liquor licenses for the hotel establishment located at 1909 Spring
Road (formerly Hyatt Regency Oak Brook Hotel). Documentation requirements
have been fulfilled. The Liquor Manager and the General Manager John Merrill will
remain and both have BASSET training and their criminal background checks have
been previously processed.
The applicant has requested that this application be brought before you for your
consideration at your regular meeting of October 12, 2004. A representative of the
establishment will be in attendance at the Village Board meeting. Enclosed for your
review is the following documentation:
a. Application for a Liquor License
b. Floor Plan
c. Certificate of Insurance
d. Menu
The Village Attorney has drafted the ordinance that deletes a Class D & E liquor
licenses (formerly the Oak Brook Hyatt Regency Hotel) and increases the Class D &
E liquor licenses for the new owners of the hotel. The Class D liquor license is for
catered events by the hotel off of their premises and the Class E is for liquor served
within the hotel restaurants, banquet rooms and meeting rooms. Provided that all
ordinance requirements are met, the Local Liquor Commissioner Kevin Quinlan
would presumably issue a class E liquor license to THI IV Oak Brook Lessee, LLC
located at 1909 Spring Road.
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance
2004- LC -AL -G -761 "An Ordinance Amending Title 4, Chapter 1, Section 8A of
VILLAGE OF OAK BROOK Minutes Page 18 of 21 OCTOBER 12, 2004
9. B. 2)
the Village Code of the Village of Oak Brook, Illinois Relative to the Number of
Authorized Liquor Licenses ".
Trustee Korin commented of her discussion with Manager Boehm of the amount of
liquor licenses being outstanding and how they were assigned. When the Board
received the last information on the liquor licenses, there were more outstanding
liquor licenses than businesses using them.
Manager Boehm explained that the Clerk did provide information of the latest
action by the Board. A correction was made to the table of liquor licenses because
of the error. Clearly, all of the matters have been brought before the Village Board
for approval of new licenses or transfer of licenses for the same establishment. A
liquor license is not the property right of the owner and if they leave the Village it
does not go to them or to the new business.
President Quinlan remarked that the license is removed and then it is brought to the
Board for approval or disapproval. Manager Boehm explained that the licenses are
in order and there are no outstanding licenses.
Trustee Zannis asked if Manager Boehm spoke to former Village Attorney Martens
on this issue. She had requested ten days ago that Manager Boehm contact
Attorney Martens for an explanation of the liquor license process. President
Quinlan stated there is an approval process, required BASSET training and then
approval by the Board.
Trustee Zannis asked for a letter from former Village Attorney Martens explaining
what the process was prior. She stated she has an issue with the granting of liquor
license process. President Quinlan stated there is a fee to do this.
Attorney Spiroff explained that if there is a suspension or revocation, the licensee is
entitled to a notice and opportunity to defend in that sense there is some property
rights to be protected.
Motion by Trustee Zannis to continue this agenda item. No second was made to the
motion.
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance
2004- LC -AL -G -761 "An Ordinance Amending Title 4, Chapter 1, Section 8A of
the Village Code of the Village of Oak Brook, Illinois Relative to the Number of
Authorized Liquor Licenses".
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
VILLAGE OF OAK BROOK Minutes Page 19 of 21 OCTOBER 12, 2004
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Absent: 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS - None.
D. AUTHORIZATION TO PURCHASE - None.
E. APPROVAL OF EXTENSION OF BENEFITS ACCORDING TO THE ILLINOIS
PUBLIC SAFETY EMPLOYEE BENEFIT ACT
The Illinois Public Safety Employee Benefit Act provides for the continuation of health
insurance free of cost to full time public safety employees who become catastrophically
injured as follows:
1. the injury or death occurred in the line of duty; and
2. the injury or death was a direct result of: a) an employee engaging in fresh pursuit;
or b) while an employee was investigating a criminal act; or c) while responding to
an emergency or an unlawful act perpetrated by another.
As such, the Village would comply with the statutory provisions of PSEBA. Staff has
been working on this issue and PSEBA as a whole with Patricia Hubbard, Seyfarth
Shaw. Staff further requests the opportunity to present PSEBA and any specific
employee related questions to the Village Board in Closed Session.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, to Approve the Extension of
Benefits Provided by Illinois Public Safety Employee Benefit Act as required. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
10. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT - President Quinlan reminded residents of children trick or
treating on October 31St and to drive carefully in the streets that day.
B. VILLAGE MANAGER - No report was given.
C. VILLAGE CLERK - Deputy Clerk Harty reminded residents of in- person absentee
voting occurring in the Village Clerk's office from 8:30 a.m. to 4:30 p.m. Monday through
Friday and Saturday from 9:00 a.m. to noon ending November 1 st
Trustee Korin announced that the Oak Brook Bath & Tennis Club will be offering a
Halloween party for Friday, October 22"d and suggested that residents may wish to join the
festivities scheduled that evening.
VILLAGE OF OAK BROOK Minutes Page 20 of 21 OCTOBER 12, 2004
11. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Korin to adjourn the meeting at 9:30 p.m.
VOICE VOTE: Motion carried.
ATTEST:
Carol Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 21 of 21 OCTOBER 12, 2004