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Minutes - 10/22/1991 - Board of Trusteesqoerwse�oom#v I om 0 0 VILLAGE OF OAK BROOK Minutes Oct. 22, 1991 UNOFFICIAL UNTn APPROVED BY BOARD APPROVED AS WRITTEN APPROVED WITH CORRECTIONk., BY VILLAGE BOARD ON 1. MEETING CALL: / CALL TO ORDER The Regular Meeting of the Board of Trustees was calI44 -J .o. -srde �la President Bushy in the Sx iel E. bean Board Room of the Village Commons at 7:35 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Krafthefer, Payovich, Shumate and Skinner. ABSENT: Trustees Bartecki and Winters. The following Department Meads in attendance were: Assistant to Village Manager Kapff; Assistant to Village Manager. Long; Police Chief Fleming; Fire Chief Nielsen; Village Engineer Durfey; Village Attorney Martens; Director of Code Enforcement Hawk; Superintendent of Public Works Meranda. and Ms. Margaret Powers, the candidate for Finance Director. 3. ANdOUNCENENTS AND OPEN FORUM: None 4. APPROVAL OF MINUTES: MINUTES 'trustee Skinner moved to approve the Minutes of the Connmittee-of-the- Whole Meeting of October 8, 1991 as presented and waive the full. reading thereof. Seconded by Trustee Payovich. Voice Vote: Motion carried. Trustee Skinner moved to approve the Minutes of the Regular Meeting of October 9, 1990 as presented and waive the full reading thereof. Seconded by Trustee Payovich. Voice Vote: Motion carried. 5. CONSENT AGENDA: Trustee Shumate moved to approve the Consent Agenda. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4- -Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartecki and Winters. Motion carried. A. Bid Recommendation - State Deicer Salt Bid for 1991 -1992 - North DEICER SALT BID American Salt an : Approved Omnibus Vote. N0. AMER. SALT CO.: $36,907.00 B. P Xout - James J. Bones & AAss t®s, Inc. ;.,,Payout #4 -1991 Paves PAYOUT: #4 1991 Project: Approved Omnibus Vote. PAVING PROJECT BENES: $1,817.05 VILLAGE Off' OAK BROOK Minutes -1- October 220 1991 C. Cancellation of December 24,t 1991 Board of Trustees Meetin : CANCEL 12/24/91 Approved Omnibus Vote. BOT MEETING 6. ITEMS REMOVED FROM CONSENT AGENDA: None. 7. ORDINANCES AND RESOI,IJTIONS : A. Resolution No. R -542 Resolution of AA �arecimtion - John G. McDowell RES. R -542 _o.._. ,- ...._.__._.. �...�._._., �_ MC DOWELL ,(1_7 brook Lane): President Bushy read in its entirety the proposed Resolution of Appreciation commending John G. McDowell for his service to the Village of Oak Brook as a member of the Board of Fire and Police commissioners from November, 1973 through October, 1991. Trustee Skinner moved to pass Resolution No. R -542 as presented. Seconded by Trustee Payovich. Voice Vote: Motion carried. B. Ordinance No.-G-474 An ordinanceAmendinc Ordinance G -470_, "An Ordinance Establishing A Uta l.itX Tau within The Village Of Oak Brook, Dupa s And Cook Counties, Illinois": President Bushy addressed the proposed amended sections of the Village of Oak Brook Utility Tax Ordinance suized as follows: 1. To avoid the "tax on a ta, ;" problem, the phrase "gross receipts" is defined to exclude certain charges. The original ordinance stated "'gross receipts' shall not include any State gross receipts tax or any surcharges imposed pursuant to the Emergency Telephone Systems Act, Chapter 134:0, paragraph 30,1, et s of the Illinois Revised Statutes.D1 According to the NI -Gas attorneys, this quoted language in the original ordinance did not completely avoid the "tax on a tax!' problem, as it refers only to the State gross receipts tax and to any surcharge imposed to cover the cost of a "9 -1-1" emergency telephone number. Consequently.. the phrase "gross receipts" has been amended to exclude any separately stated charge added to a consumer's bill in respect to any tax or other goverrmental imposition, which is the "magic language" recom®ended by the NI -Gas attorneys. 2. A definition of "persons" has been added. 3. in Section 13 -3 entitled "Exceptiona to ta:e', the clarifying phrase "the business of transmitting messages be subject to taxation under the provisions of this article or such transactions" has been added. 4. Section 13 -5 entitled "Effective date of tax" has been added. Because the original ordinance did not specifically stoats the effective date of imposition of the utility tax,, this section explicitly states that the tax is in effect on or after the first day of October, 1991 through and including the 30th day of september, 1992. VILLWE OF OAK MOOK Minutes October 22, 1991 ORD. G -474 AMEND ORD. G -474 UTILITY TAX ® Ii 5. Section 13 -7 entitled "Mistakes and errors" is new. In the event that a customer pays more taxes than are required under the ordinance, this section provides that the excess taxes collected may be credited against any tax due on future bills. 6. Section 13-8 entitled "Recovery limitation" is now. 12his section essentially establishes a three -year statute of limitations for recovering excess tax payments. 7. Section 13 -9 is new. This section sets a specific malty for violation of the ordinance. 8. Section 2 of the amendatory ordinance amends Section 3 of the original ordinance. This amendment goes to the distinction between the termination date of the imposition of the tax and the termination date of the ordinance. The Board's intent was to terminate the tax on September 30, 1992 but to continue the ordinance indefinitely, as the utility companies would be rewired to bill the September, 1992 taxes with their October, 1992 statements. The original ordinance prodded that' "This ordinance shall be in full force and effect from and after its passage, approval,, and Publication in pamphlet fora as provided by law until October 1, 1992 ". This means that the ordinance is still in effect after the tax terminates on September 30, 1992. 9. Section 4 of the amendatory ordinance provides that the amendments provided herein shall be effective as-of July 23, 1991, as these amendments make explicit the legislative intent of the Board, on July 23, 1991. Trustee Shumate requested staff to investigate why State statutes exclude utilities from the utility tax and report said information to the Board. it was a consensus of the Board to request President Bushy to com micatea in writing to District 53 School Board and the Oak Brook Park District their concern with exempting govertmmental, agencies from the utility tax and suggest that they contact Representative Stange and Senator Topi.nka for proposed legislative action in Sgringf ield. Trustee Skinner moved to pass Ordinance No. G -474 as presented. Seconded by Trustee Payovich. Roll call vote: Ayes: 4- Trustees Krafthefer, Payovich, Skinner and President Bushy. Nays: 1- Trustee Shumate. Absent: 2- Trustees Bartecki and Winters. Motion carried. VILLAGE OF OAK BROOK Minutes -3- October 22, 1991 v054 6O -- MoN 8 DEPAR:CMENTAL REPORTS - QUARTERLY REPORTS: rr..'r�rw...v +rr— ir..r.rsssrr.� r.��— .ro.ar..rrrs.srrw.�re- A. Ambulance F. Library B. Engineering Department G. Planning & Zoning C. Fire Department H . Poli.ce department D. Inspection Bureau I. Public Works E. Leval Department J. Sports Core K. Recycling L. Grants All departmental reports were discussed and accepted. 1J The following information was presented to the Board by Department Beads: Director of Code Enforcement Hawk will coordinate with Village Attorney Martens in removing some of the outdated zoning requests. Village Attorney Martens will address semis of the long- standing legal cases to conclude any, if possible. President Bushy requested Police Chief Fleeting communicate with the local press for coverage of our DtMF.G agents being recognized for outstanding criminal investigation. Assistant to Village Manager Kapff will address the Board in November on the proposed 1992 Solid Waste Program for the village. Trustee Krafthefer requested publication of the volume of cubic yardage of recyclables by the Village of Oak Brook. 9. UNFINISHED BUS31MB: A. Vote Recommendation - Fire Department Vehicle Replacement: Trustee Skinner moved to authorize the Fire Department to purchase one (1) 1992 Ford Pick -dip Truck from Elmhurst Ford in an amount not to exceed $100838.70, and due to the uniqueness of the equipment, waive the bidding process. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: O -None. Absent: 2- Trustees Bartecki and Winters. Motion carried. B. Recommendation Regarding Change Order for 22nd StreetLiorie Boulevard Street .Resurf acLng ,Pro: Trustee Payovich moved to approve a Change Order in the amount of $7,750.00 to correct a drainage problem in the southeast corner of 22nd Street /I -88. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays. O- Alone. Absent: 2- Trustees Bartecki and Winters. Motion carried. VI'bLAGE OF OAK BROOK Minutes 4 .K.4- October 22, 1991 QUARTERLY REPORTS FIRE DEPT. - REPLACEMENT VEHICLE - PICK -UP TRUCK ELMHURST FORD: $1©x838.70 CHANGE ORDER: 22nd /JORIE RESURFACING: $7,750.00 G. ' c4b—so r- fit A0 1 0- 2. -u-w 9 1 0 w The proposed Old Oak Brook Dam improvements to open the flood dates would allow for an approximate 60 acreage of stormwater storage. President Bushy stated the Village was given authority to maintain said Dam on the private property. Trustee Payovich recomtended the designated monies for stormwater management from the Oakbrook Shopping Center be designated for said project, as it is not budgeted at this time. Trustee Payovich mowed to approve the Agreement for Consulting Engineering Services with Lindley & Sons, Inc. In a not -to- exceed amount of $12,270.00 for remodeling of Old Oak Brook Dam. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartecki and Linters. Notion cried. . 91- Trustee Payovich moved to ratify the extra cost in an amount not-to-exceed $25,000.00 due to unstable soil conditions of said paving project. Seconded by Trustee Skinner. Roll Cali Vote: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartecki and Winters. Motion carried. 10. NEW BUSINESS: A. M22intme nts: The Board concurred with the recomtendation of the Finance Officer Search C.cmcaittee for the appointment of Ms. Powers. Trustee Shumate moved to appoint Ma- Maggie Powers to the Finance Officer and Treasurer position effective December 2, 1991 at an annual salary of $52,500. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 4- Trustees Krafthe €er, Payovich, Shumate and Skinner. Hays: 0 -None. Absent: 2- Trustees Bartecki and Winters. Motion carried. Trustee Skinner moved to concur with the appointment by President Bushy of Sue Samford to the Board of Fire and Police Commissioners, term expiring May, 1994. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 4- Trustee3 Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartacki and Minters. Motion carried. VILLAGE OF OAK BROOK Minutes -5- October 22, 1991 0 OLD OAk BROOK DAM: DESIGN & INSPECT - TION SERV. CON - TRACT- -LINDLEY : $12,270.00 1991 PAVING PRO- JECT #91 -1106 (CAMBRIDGE/ CARLISLE) EXTRA COSTS: $25,000.00 APPOTNTMENTS : FINANCE OFFICER/ TREASURER: POWERS BD. FIRE & POLICE COMISSIONER: SANFORD B. •,1T I - Winter V'b Dh None of the bills for the above programs will he paid until the Village has received enough revenue to cover the costs. Trustee Krafthefer moved to concur with the recommendation. of Chairman Kong and approve a $20,000 minter Advertising CauPaignor and $10,000 for a Downtorm Customer Focus Study by Loran Marketing. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich, Mumate and Skinner. Nays: 0 -bone. Absent: 2-Trustees Barteckl and Minters. Notion carried. C. d ReMest to Consider an ordinance l ro�siM an Agreement to Enforce .s.orves..rrro . ri ■ r�� ■■—o■sr err■ i• i. s i■n■ a�.�a..r Certain Traffic Re LIations in Midwest Clubs. Trustee Shumate moved to pass Ordinance No. iG- 475,.An Ordinance Approving an Agreement with the Midwest Club Homeowners Association to Enforce Certain Traffic Regulations on Private Streets. Seconded by Trustee Payovich. boll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich,, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartecki and Winters. Notion carried. D. Discussion R ardin l ntin a Rettirr� to Murk Pr ram: This is an Intergovernmentafl Risk Management Agency (IRM) established program.. IM has organized this kcal management network assigning Hinsdale Hospital to Oak Brook and other nearby communities. The objectives of the Return• -To -Work Program are: - To establish an effective and consistent stand by which employees can be returned to their job as soon as medically possible following either a work - related or personal in jury . - To mutually benefit the injured employee and the Village by providing meaningful work to the injured employee. - To reduce the amount of cime an injured employee is absent from their job. - To contribute to the control of days lost from work; and to reduce Worker's Compensation costs. Trustee Shumate moved to adopt an employee Return-Tu -Bork Program as stated in Staff's October 15, 1991 ,aroma to the Board of Trustees. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 4- Trustees Payovich, Shumate, Skinner and President Bushy. Nays: 1- Trustee Krafthefer. Absent: 2- Trusteeb Bartecki and Winters. Motion carried. VILLAGE OF OAK BROOK Minutes -b- f�� October 22, 1991 OBHCVC - WINTER ADVERTIS.: $209000.00 CUSTOMER STUDY: LORAN: $109000.00 ORD. G -475 APPROVE AGMT. ENFORCE TRAFFIC REGULATIONS - MIDWEST CLUB RETURN -TO -WORK PROGRAM vie-evoTowd ioZ40 -qI E. Discussion R ardin slid -Year 1991 Cork Count Sal Review: MID -YEAR 1991 COOK COUNTY Village Manager Berley and Assistant to Village Manager Long SALARY REVIEW reviewed the Mid -Year 1991 Cook County Salary and Fringe Benefit Survey. The hoard concurred with staff's position that no change to any salary positions are needed at this tip. F. Discussion R erdin lementin an I ee Swett Incentive EMPLOYEE SAFETY Prog�: INCENTIVE PROGV.M The Village Employee Safety Committee revised the Employee Safety Incentive in that full -time w9loyees are eligible, and they are divided into three (3) risk groups. if everyone who is eligible received a gift certificate, it is estimated to cost approximately $8,900.00 annually with possible implementation in January, 1992. Trustee Shumate moved to adopt the Employee Safety Incentive Program as stated in Staff'a October 15, 1991.E to the Village Boarez. Seconded by Trustee Skinner. Roll Call Note: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trustees Bartecki. and Winters. Motion carried. G. Discussion I2ec�ardinc� Instituting an Hourly Pad' Sce] -e for New INSTITUTION OF --' rt- •'"°�e HOURLY PAY SCALE Part-Time E�loYees NEW PART -TIME Trustee Shumate moved to concur with Staff's recommendation and EMPLOYEES approve the implementation of an hourly pay rate range of $6.50 - $12.00 per hour for Part-Time Clerical. EmPlOYess: Administration, Public Works, Police and Fire Departments; effective October 22, 1991. Seconded by Trustee Payovich. Roil Call Vote: Ayes: 4-Trustees Yxafthefer, Payovich, Shumate and Skinner. Nays: 0 -None. Absent: 2- Trirtees Bartecki. and Winters. Motion carried. 11. FINANCIAL: A. Approval of Bills: APPROVAL OF BILLS Voucher List of Bills Presented, for Approval October 22, 1991 to reflect payment from the following funds: General Corporate Fund $110,299.40 Hotel/Motel Tau'. Fund 60,214-00 Motor Fuel Tax Fund 8,494.03 Water Fund 148, 896.30 Sports Cake Fund 40,766.37 Trustee Krafthefer moved to approve Voucher List of Bills in the total amount of $314,670.10 and authorize the Vill oc-c President to affix her signature thereon. Seconded by Trustee Pwicvich. Roll Call Vote: VILUM OF OAK BROOK Minutes -7- October 22, 1991 46 Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: U -Done Absent: 2- Trustees Bartecki and Winters. Motion c I.ed. B. Treasurer's Refit: En-s e Corporate Fund $786,794.95 Motor Fuel Tax Fund 34,520.99 Motel. /Motel Tax Pund ( 7 , 974.53 ) Reserve /capital Purchases 24.36 Debt Service Fund 376.660.97 Sports Core Fund 2070124.81 Water Fund 623,089.02 Fire Pension Fund 72,039.06 Police Pension Fund 84,833.55 Expenses Fund Balance $990,795.06 $4,894,755.10 4,465.88 350,447.70 (14,391.83) 22,039.67 -0- 190.67 -0- 941,130.69 201,519.33 358,524.31 170,339.82 3,455,564.92 12,993.68 8,184,334.36 150.989.55 7,591,096.77 This Treasurer's Report has been placed on the November 12, 1991 Consent Agenda for formal approval. The °.tillage Board directed staff to investigate methods of cam- cation to our Village residents of Village operations. Trustee Shumate requested notification of Board agendas, local Cable T<Tnchannel. n or other informational activities be reported �e President Bushy requested the discussion t ntal operation be placed o of commications of Village govern e the agenda of a p future Board or Committse -of-the-Whole meeting. It was stressed that this meeting mould be held soon. 12. F.$ECEITIVE SESSION President Bushy Postponed the employee salary schedule discussion of the Executive Session due to the absence of two (2) Trustees. Trustee skinner moved to adjourn to Executive Session for discussion of land acquisition at 10:18 P.M. Seconded by Trustee Shumate. Roll Call Vote: Ayes: 4- Trustees Krafthefer, Payovich, Shumate and Skinner. Nays: 0 -11one Absent: 2- Trustees Bartecki and Minters. Motion carried. 13. Trustee Skinner moved to adjourn the meeting at 10 :57 a.m. Seconded by Trustee Pakovich. Voice Vote: Motion carried. ATTEST: nda 4. Connella Village Clerk A:btmn1022 VZL'1t'3K OT' OAK BROOK Minutes rgr October 22, 1991 TREASURER'S REPORT EXECUTIVE SESSION ADJOURNMENT