Minutes - 11/14/2006 - Board of TrusteesMINUTES OF THE NOVEMBER 14, 2006 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
JANUARY 9, 2007.
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,
Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G Sanford and Asif
Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant
Village Manager; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village
Engineer; Bruce F. Kapff, Director of Information Services & Purchasing;
Robert L. Kallien, Jr., Director of Community Development; Kenneth T.
Kubiesa, Village Attorney and Michael J. Meranda, Public Works Director.
3. PRESIDENT'S OPENING COMMENTS
A. RESOLUTION OF APPRECIATION
Motion by Trustee Craig, seconded by Trustee Aktipis, for passage of Resolution
2006 -AP -R -957, A Resolution of Appreciation. VOICE VOTE: Motion carried.
President Quinlan read into the record the Resolution of Appreciation for Tim Mahler
a manager of the Wildfire Restaurant who was responsible for saving the life of a
choking victim. He and Fire Chief James Bodony presented the Resolution and a
Certificate of Recognition from the Fire Department to Mr. Mahler.
4. RESIDENT /VISITOR COMMENT
Neal Pitcher of Aqua Backflow addressed the Board relative to the award of the cross -
contamination program. He expressed concern that although his firm presented the
lowest bid for this program the recommendation for award was to another firm. He added
that he and his partner were available to answer any questions or concerns from the
Board.
VILLAGE OF OAK BROOK Minutes Page 1 of 10 November 14, 2006
4. Resident Doug Swanson addressed the Board relative to his concerns for drainage on
Wood Road. He felt that the Village has a responsibility to maintain the water flow on
this easement property. He expressed his concern that the variation petitioned for 506
Wood Road would aggravate the situation.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 12, 2006
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the September 12, 2006 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.
A. Accounts Payable for Period Ending November 10, 2006 - $1,040,195.25
Significant Items included in Above:
1) Debt Service Payment — 2001 Installment Contract Certificates - $304,515.63 —
Municipal Complex Project
2) Debt Service Payment — 2003 Installment Contract Certificates - $83,950.00 —
Bath & Tennis Clubhouse Expansion
3) Legat Architects — Professional Services HVAC Screening - $6,773.99
4) DuPage Water Commission - $134,269.90
5) First Sealord Surety — Payout #1 — 2004 Water Main & Drainage Project -
$18,012.83
B. Approval of Payroll
1) Pay Period Ending October 21, 2006 - $662,080.95
2) Pay Period Ending November 4, 2006 - $676,440.82
C. Community Development Referrals
1) Santefort Properties — 12 Heather Lane — Driveway Variation
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Traffic Control and Street Lighting System Maintenance
2) HP Plotter /Scanner — Authorization to Request Proposals
3) Elevated Water Storage Tanks — Painting Construction Services (Inspection) and
Bid Letting
E. Budget Adjustments
G. A Resolution Establishing An Ad Hoc Committee for the Purpose of Planning and
Coordinating the 2007 Oak Brook Autumn Festival
H. Cancellation of December 25 Committee -of -the -Whole Meeting and the December
26 Regular Meeting of the Board of Trustees
VILLAGE OF OAK BROOK Minutes Page 2 of 10 November 14, 2006
6. I. Request for Time Extension — Villas of Oak Brook Subdivision
J. An Ordinance Authorizing The Sale, Donation or Disposal of Certain Items of
Personal Property Owned by the Village of Oak Brook
K. Approval of Request for Release of Funds — Oak Brook Hotel, Convention and
Visitors Committee — 20% of the 2006 Third Quarter Hotel Tax Receipts to the
DuPage Convention & Visitors Bureau in the Amount of $21,494.79
Trustee Manofsky asked that agenda item 6.F. Kitsutkin's Assessment Plat — 506 Wood
and agenda item 6.L. Continuance of Starbucks — 2407 22nd Street — Text Amendment,
Map Amendment, Special Uses and Variations 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. F. KITSUTKIN'S ASSESSMENT PLAT — 506 WOOD
Trustee Manofsky asked whether this would affect the drainage problem as presented
by resident Swanson. Village Engineer Dale Durfey responded that it did not affect
his property.
Motion by Trustee Kennedy, seconded by Trustee Aktipis, to approve the Kitsutkin
Assessment Plat for the property located at 506 Wood Road and authorize the Village
Attorney to draft the resolution for final consideration at the November 28, 2006
Board of Trustees meeting. VOICE VOTE: Motion carried.
6. L. CONTINUANCE OF STARBUCKS — 2407 22" STREET — TEXT
AMENDMENT, MAP AMENDMENT, SPECIAL USES AND VARIATIONS
Trustee Manofsky commented that during the original discussion of this topic it was
determined that a parking ban on Tower Road would help to alleviate some of the
concerns relative to this project. The Village Attorney was directed to prepare an
Ordinance. She asked whether this had been done and when it would come before
the Board.
Village Manager Boehm responded that the ordinance had been prepared, but for
tracking purposes it was suggested that all aspects be dealt with at the same time and
that it would be presented when all of the ordinances relative to the Starbuck's
project were presented.
VILLAGE OF OAK BROOK Minutes Page 3 of 10 November 14, 2006
7. 6. L. Motion by Trustee Kennedy, seconded by Trustee Craig, to concur with the
applicants request to continue final action on the Ordinances for Starbucks — 2407
22nd Street — Text Amendment, Map Amendment, Special Uses And Variations to the
December 12, 2006 Village Board meeting. 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.
8. BOARD & COMMISSION RECOMMENDATIONS - None presented.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS - None presented.
C AWARD OF CONTRACTS
1) SKID -STEER LOADER REPLACEMENT
Two sealed bids were received and opened on Wednesday, October 25, 2006.
One late bid was received and returned to the bidder unopened. Bid packages
were picked up by three companies.
Public Works reviews the long range equipment replacement schedule each year.
The schedule is based upon historical usage, expected design/useful life and
economics. The 1993 Bobcat Skid -Steer Loader currently used by Public Works
is used for many duties such as parking lot snow removal, parkway restorations,
safety pathway and street maintenance. Its daily use has taken a toll
mechanically. The unit was scheduled for replacement in 2005 but the Public
Works Department was able to defer until this year without major expense. The
replacement project also includes equipping the unit with an angle broom and a
snow blower. The entire cost of the equipment is $41,530 or $4,820 less than the
budgeted amount.
Staff has worked with Atlas Bobcat in previous years and is satisfied. Delivery is
expected approximately 30 days after receipt of order. The unit being replaced
will be sold through the June, 2007 DuPage Mayors & Managers Conference
vehicle and equipment auction rather than accepting Atlas' trade -in price since
staff believes that it is worth more than $6,500(an ordinance to declare it surplus
will be presented prior to the auction).
VILLAGE OF OAK BROOK Minutes Page 4 of 10 November 14, 2006
a
C. 1) Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
award a contract to the lowest responsive and responsible bidder, Atlas Bobcat,
Schiller Park, Illinois, subject to staff review, for the purchase of a Skid -Steer
Loader in the amount of $31,395 as indicated in the bid tabulation. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board
waive bidding due to sole source and issue a purchase order to Atlas Bobcat,
Schiller Park, Illinois for the purchase of an angle broom attachment ($4,628) and
a snow blower attachment ($5,507) for the skid -steer loader in the total amount of
$10,135. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) CROSS CONNECTION CONTROL PROGRAM
Two sealed bids were opened on Thursday, November 2, 2006. The numeric low
bidder, Aqua Backflow Inc., did not meet the requirement of being most
responsive and responsible since they did not have a single reference where they
have managed a cross - connection control program. Backflow Solutions, Inc. has
managed cross - connection control programs in numerous municipalities. They
have managed the Village of Oak Brook's cross - connection control program
since its inception in 2003 and staff has been satisfied.
The purpose of the cross - connection control program is the protection of the
public water supply from accidental contamination and to ensure compliance with
USEPA regulations. Such a program cannot be appropriately implemented and
administered with existing staff. The main components of the program are
public /customer education on cross - connection devices, physical on -site
inspection of commercial water accounts, generation and maintenance of detailed
database and accounting, annual mailings, and consultations with Village staff on
new water accounts and the need for cross - connection control devices.
Discussion ensued relative to the reasons the lowest bidder was not recommended. Public
Works Director Michael Meranda responded that two sealed bids were opened on
Thursday, November 2, 2006. The numeric low bidder, Aqua Backflow Inc., did
not meet the requirement of being most responsive and responsible since they did
not have a single reference where they have managed a cross - connection control
program. In a follow -up letter they did provide the names of several Villages
which were contacted and the statements in the letter were not confirmed by the
VILLAGE OF OAK BROOK Minutes Page 5 of 10 November 14, 2006
9. C.
2) public works directors of those facilities. He added that it would be advantageous
if they were able to provide this type of work, because there is no competition at
this time. But he felt that it was too difficult to determine if they would be able to
provide the services required. Backflow Solutions, Inc. has managed cross -
connection control programs in numerous municipalities. They have managed the
Village of Oak Brook's cross - connection control program since its inception in
2003 and staff has been satisfied. Since the cost difference was almost double the
Board continued exploring options and determined that they wished to reject all
bids and obtain bids for a one year contract. The motion was amended with
approval.
Motion amended with approval of Trustee Yusuf, seconded by Trustee Kennedy,
that the Village Board reject all bids. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) AUDIT SERVICES
After five years of being the Village's auditor, our contract with Sikich LLP for
the Village's annual audit expired with the completion of the December 31, 2005
engagement. Requests for proposals were issued in September, 2006. At the
meeting where staff requested authorization for issuance of the request for
proposal, the Board discussed whether to continue with the current informal
policy of rotating auditors every three to five years. While the Board seemed to
agree with some auditor rotation, whether five years was long enough to mandate
rotating auditors had various opinions amongst the Board. As such, the
incumbent auditor was allowed to submit a proposal in order to see if the cost
savings of not changing auditors would outweigh the benefits of rotation.
The Village received seven proposals for audit services. The total three year
combined fee for each firm is as follows:
Sikich LLP
$915693
Mc Gladrey & Pullen, LLP
$92,100
Virchow, Krause & Company, LLP
$953100
Wolf & Company LLP
$97,850
Crowe Chizek and Company LLC
$124,885
Miller, Cooper & Co., Ltd.
$134,345
Clifton Gunderson
$154,560
The Finance Director and Accounting Manager performed an initial evaluation of
the proposals and three firms were interviewed ( Sikich LLP was not interviewed
due the Village's familiarity with their staff and their audit methodology). As
VILLAGE OF OAK BROOK Minutes Page 6 of 10 November 14, 2006
9. C. 3) previously noted, staff has been very satisfied with the work performed by Sikich
LLP. However, since the Village received three proposals from qualified firms
that were not much higher than the incumbent, it does not appear that in this case
the relatively small cost savings outweigh the benefits of rotation, especially due
to the strong feelings expressed by several Board members in favor of auditor
rotation.
The firm of Mc Gladrey & Pullen, LLP is recommended due to their excellent
proposal, the quality of staff assigned to the engagement as ascertained through
staff's interview with them, and their fee is the lowest other than the incumbent.
In addition the firm is the 5th largest firm in the United States, is very qualified to
assist the Village with implementation GASB Statements #43 and #45, and the
firm has successfully completed similar engagements on a large number of
Illinois municipalities similar to Oak Brook.
Their fee of $29,500 for the 2006 audit represents a 4% increase over the fee paid
for the 2005 audit. Part of this increase is due to a change in audit scope due to
statutory reporting and compliance work now required for the Village's new
Promenade Tax Increment Financing Fund. It should be noted that McGladrey &
Pullen LLP was the Village's auditor for the four years prior to Sikich LLP.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board
award a contract, subject to staff review, to Mc Gladrey & Pullen, LLP,
Schaumburg, IL for audit services, based on their submitted proposal, for the
2006, 2007, and 2008 fiscal years for the not -to- exceed total fees for 2006 of
$29,500, 2007 of $30,700 and 2008 of $31,900. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent- 0 - None. Motion carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) 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
Stir Crazy Caf6 — Oakbrook, L.L.C. has made application to the Village of Oak Brook for
a Class A -1 Liquor License due to a change in ownership. The limited liability
company was originally held in 99% ownership by Stir Crazy Enterprises, L.L.C.
In 2003, Stir Crazy Enterprises, L.L C. filed a certificate of conversion to be
VILLAGE OF OAK BROOK Minutes Page 7 of 10 November 14, 2006
1 '
1) converted to a corporation, Stir Crazy, Inc., with the same underlying ownership.
Now the interest of Stir Crazy, Inc. is being purchased by Stir Crazy Partners,
L.L.C., which is the only member of the L.L.C. and its 100% owner. There are
also new officers of Stir Crazy Cafe — Oakbrook, L.L.C. These changes in
ownership require a new license for the L.L.C., and an application has been filed
identifying the new owner /member and officers. Documentation requirements
have been fulfilled appropriately. The General Manager, Jay Hornaeck, and the
employees of the Stir Crazy Cafe have remained and are properly BASSET
trained as required by the Village Code. The original floor plan, lease, menu and
certificate of insurance will remain unchanged as a result of this transaction.
Assistant Village Attorney Gosselar has drafted an ordinance that authorizes
issuance of a new Class A -1 Liquor License and eliminates the existing license.
Provided that all ordinance requirements are met, the Local Liquor Commissioner
Kevin Quinlan, would presumably issue a Class A -1 Liquor License to Stir Crazy
Cafe — Oakbrook, L.L.C. d /b /a Stir Crazy Cafe.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve passage
of Ordinance G -815, 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 License. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried..
2) AN ORDINANCE FURTHER AMENDING ORDINANCE G -470
ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF OAK
BROOK, ILLINOIS
The Village first imposed utility taxes on various utilities in 1991. When the tax
was originally imposed, the tax was assessed on electric, natural gas, and
telephone services within the Village. The enabling utility tax 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, 2006.
In the mid- 1990's, the Village stopped assessing utility taxes on telephone service
and instead implemented a telecommunication tax, which effectively resulted in
the Village receiving taxes on long distance service instead of just local telephone
service. Furthermore, due to deregulation of the electric industry, beginning in
1998 the Village began implementation of an "electricity tax ", which is a ten -
tiered tax rate structure that resulted in the phasing out of the gross receipts utility
tax (at the present time the rates are designed to approximate a 5% gross receipts
tax).
VILLAGE OF OAK BROOK Minutes Page 8 of 10 November 14, 2006
10. B. 2) Neither the telecommunications tax nor electricity tax carry a sunset provision
with it; thus, as a practical matter, extending the sunset date only impacts the
current 5% utility tax on natural gas. Receipts from the utility tax on natural gas
are deposited in the General Corporate Fund and are expected to amount to
approximately $400,000 in 2006.
At the recent Committee -of -the -Whole meeting regarding the 2007 Budget, the
financial information provided to the Board included continuation of this tax for
2007. Due to the long list of projects that staff had to defer in order to maintain
the six -month reserve policy for 2007 as well as the pending $5 million obligation
for the Village's share of the 22nd Street /I -88 bridge improvement, extending this
tax for 2007 is strongly recommended.
President Quinlan emphasized that this was not an increase, that it was just
maintaining the status quo. Discussion ensued relative to the sunset provision of
this tax. There was a consensus that the discussion of either maintaining or
eliminating the sunset provision be placed on the agenda for the November 28t"
Board of Trustees meeting.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Village Board
adopt Ordinance G -816, "An Ordinance Further Amending Ordinance G -470
Establishing a Utility Within the Village of Oak Brook, Illinois" which extends
the imposition of the utility tax on natural gas and electricity at the rate of 5%
through December 31, 2007. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None presented.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Quinlan repeated the request that residents keep
leaves on their property and out of the street which becomes dangerous for a variety
of reasons.
Trustee Yusuf repeated his annual fall reminder about wearing bright clothing when
out at night and during the deer season.
B. VILLAGE MANAGER - Manager Boehm reported that there had been some
concerns relative to capital expenditures planned by the Village and reminded
residents that there were public documents available that explain long range capital
and fiscal planning.
VILLAGE OF OAK BROOK Minutes Page 9 of 10 November 14, 2006
11. C. VILLAGE CLERK
Deputy Clerk Harty reported on behalf of Clerk Gonnella that the DuPage County
Election Commission was very happy with the 711 resident turn -out for Early Voting
that was hosted at the Village of Oak Brook. As a result the Village would probably
also be a site for Early Voting for the April 17, 2007 Consolidated Election.
She reported that residents who have taken candidate packets for Village President
include John Craig, Denise Tennison Mauro, Kevin Quinlan and Asif Yusuf and
those for Village Trustee include Richard Arling and Gerald Wolin.
She also reported that voter registration had reopened after the November election
and will be available from 8:30 a.m. to 5:00 p.m. Monday through Friday at the
Village Hall until approximately thirty days prior to the April, 2007 election.
12. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Kennedy, to adjourn the Regular Meeting
of the Board of Trustees at 8:18 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Carol L. Harty
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 10 of 10 November 14, 2006