Minutes - 11/28/2006 - Board of TrusteesMINUTES OF THE NOVEMBER 28, 2006 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED 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 7:55
p.m. The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Linda Gonnella 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; Robert L. Kallien, Jr., Director of Community Development;
Kenneth T. Kubiesa, Village Attorney; Darrell J. Langlois, Finance
Director and Thomas Sheahan, Chief of Police.
3. PRESIDENT'S OPENING COMMENTS
President Quinlan reminded residents relative to leaves in the street, asking residents to be
sure that they are not in the street to assure no obstructions.
4. RESIDENT /VISITOR COMMENT
President Quinlan state a number of residents have requested time to address the Board
relative to Brittwood Creek. He asked if they would be willing to defer their comments
until the time that the topic is discussed per the agenda. No one voiced an objection.
Resident Doug Swanson expressed concern for the driveway variance requested for 515
Wood which he felt impacted drainage for his home and other residences.
Julie Coker from the Hyatt Lodge on the McDonald Campus addressed the Board on
behalf of the Hotel Committee to express their concern for the suggested increase in the
occupancy tax by 2 %.
5. APPROVAL OF MINUTES - None presented.
VILLAGE OF OAK BROOK Minutes Page 1 of 11 November 28, 2006
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
A. Accounts Payable for Period Ending November 17, 2006 - $415,660.14
Significant Items included in Above:
2) Legat Architects — Professional Services /HVAC Screening - $2,242.45
3) Oak Brook Foreign Fire Insurance Tax Fund - Tax receipts for the tax year ended
July 1, 2006
$37,357.22
B. Approval of Payroll - None
C. Community Development Referrals
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
E. Budget Adjustments
F. Treasurer's Report, October, 2006
G. Authorization to Pay Bills on December 28, 2006
H. Resolution R -959, A Resolution Approving Kitsutkin's Assessment Plat
I. Proposed 2007 Municipal Budget — Place on File for Public Review
J. Police Department: Reorganization Of Certain Non -Sworn Full - Time /Part-Time
Employment Positions
Trustee Aktipis asked to remove agenda item 6.A.1) Kubiesa, Spiroff, Gosselar & Acker —
Legal Fees for October of $35,751.41 for further discussion.
Motion by Trustee Kennedy, seconded by Trustee Sanford, 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.
A member of the audience fell ill and paramedics were called. President Quinlan recessed the
meeting at 7:45 p.m. and reconvened at 7.55 p.m.
7. ITEMS REMOVED FROM CONSENT AGENDA
6. A 1) KUBIESA, SPIROFF, GOSSELAR & ACKER — LEGAL FEES OCTOBER —
$35,751.41
Trustee Aktipis voiced his standing objection to payment of legal fees for Mrs.
Mullins on behalf of the Board
VILLAGE OF OAK BROOK Minutes Page 2 of 11 November 28, 2006
7. 6. A. 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, for approval of agenda
item 6.A.1) Kubiesa, Spiroff, Gosselar & Acker Legal Fees for October in the
amount of $35,751.41. ROLL CALL VOTE:
Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf.
Nays: 2 - Trustees Aktipis and Craig.
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
A. BRITTWOOD CREEK, LLC — MAP AMENDMENT AND PRELIMINARY PLAT
OF SUBDIVISION WITH VARIATION TO SUBDIVISION REGULATIONS
Mr. Frank Cappetta had been in attendance to speak on behalf of a group of residents
who had worked out a settlement relative to this topic. Since he became ill, President
Quinlan suggested continuance of this topic until the next meeting. Consensus was to
continue the topic until the next meeting, December 12, 2006.
Motion by Trustee Aktipis, seconded by Trustee Kennedy, to continue Brittwood
Creek, LLC — Map Amendment and Preliminary Plat of Subdivision With Variation
to Subdivision Regulations to the Village Board meeting of December 12, 2006.
VOICE VOTE: Motion carried.
B. ZATOR — 515 WOOD ROAD — DRIVEWAY VARIATION
At its meeting on November 7, 2006, the Zoning Board of Appeals held the required
public hearing and completed its deliberation on a petition from Mr. Roy Hawthorne,
on behalf of Mark Zator, the owner of the new home located at 515 Wood seeking
approval of a variation to Section 13- 12 -3.E4 of the Zoning Ordinance in order to
construct a third driveway. The applicant is seeking relief from the provision that
requires the minimum spacing between driveways be not less than 40 percent of the
lot width. The presence of a significant slope on the property along with the desire to
preserve several large trees was given as the rationale for the request.
Recommendation:
By a vote of 6 to 0, the Zoning Board of Appeals recommended approval of the
variation as requested finding that the applicant had addressed and satisfied the
required standards in writing on page C of the case file subject to the following
conditions:
1. The development shall be in substantial conformance with the proposed plan on
page H of the case file.
2. The development shall be in substantial conformance with the grading plan.
3. The driveway is sloped in such a way so that the drainage flows south
4. The petitioner should have further discussion with the village to see if curbing
would further alleviate the situation.
VILLAGE OF OAK BROOK Minutes Page 3 of 11 November 28, 2006
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B. Staff Comments:
In response to the drainage problems that were mentioned in the testimony on this
request, the applicant has provided the analysis of the drainage on the property based
on existing topographic information.
Trustee Sanford asked Village Engineer Durfey whether approving this petition
would exacerbate the drainage problems that resident Swanson was concerned about.
Engineer Durfey indicated that it would not affect the drainage.
Motion by Trustee Sanford, seconded by Trustee Yusuf, to concur with the
recommendation from the Zoning Board of Appeals to approve the requested
variation to Section 13- 12 -314 to reduce the minimum spacing between driveways
on the property located at 515 Wood Road from 67 feet to approximately 33 feet, to
include the four recommendations made by the Zoning Board of Appeals which
were:
1. The development shall be in substantial conformance with the proposed plan on
page H of the case file,
2 The development shall be in substantial conformance with the grading plan,
3. The driveway is sloped in such a way so that the drainage flows south,
4. The petitioner should have further discussion with the village to see if curbing
would further alleviate the situation,
and authorize the Village Attorney to draft the necessary ordinance for final
consideration at the December 12, 2006 Board of Trustees meeting. VOICE VOTE:
Motion carried.
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS - None presented.
C. AWARD OF CONTRACTS
1) PAY AND CLASSIFICATION STUDY
Each year, Human Resource staff develop a Salary Plan and Salary
Administration Policy for Village Board consideration which is based on a review
of the Bureau of Labor Statistic posting of the Consumer Price Index, a survey of
the pay of various positions within each pay grade, and pay practices of
comparable communities to establish salary benchmarks for both internal and
external comparisons. In addition, the Salary Administration Policy establishes a
plan by which the Salary Plan is reviewed by an outside consultant performing a
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VILLAGE OF OAK BROOK Minutes Page 4 of 11 November 28, 2006
9. C. 1) pay and classification study on a triennial basis. As such, with the approval of the
Village Board, Village Staff solicited quotes from independent companies in
September of 2006. In accordance with this RFQ, four separate companies did
supply quotes and two of the four were interviewed by Village Staff including
Eileen Donahue, Pay and Benefits Specialist, Jeff Moline, Assistant Village
Manager, and Richard Boehm, Village Manager.
The four (4) independent firms include:
1. Hay Group Inc., Chicago IL
2. RSM McGladrey, Cedar Rapids IA
3. Fox Lawson & Associates, LLC, St. Paul, MN
4. The Waters Consulting Group, Dallas TX
The submittals from all four (4) groups were evaluated based on expressed
knowledge of pay and classification structures, depth of the organization,
knowledge of the Oak Brook market or expressed survey tools and means for
capturing the local marketplace, references, and methodology. The two (2) firms
that most closely meet the needs of Oak Brook include Hay Group Inc., and RSM
McGladrey. Based on the criteria used to evaluate the quotes, the two companies
were interviewed and then asked to respond with additional information in a
proposal including resources available to the project, there direct experience in
the public sector in general and specific to this region, and an estimated cost of
the project. Finally, the two were asked to specifically address their experience in
public to private sector pay comparisons along that will be evaluated as an
alternate to be added to the larger study.
Both firms have expressed an understanding of the Village's needs but Hay
Group does have the edge on the Project as they have worked with the Village on
the study since at least the mid 1990's. This study is somewhat similar to the
Department of Labor's approach to analyzing pricing for the consumer price
indexing. That is, the salaries and job functions of the same "target set" of
employment positions are compared every three years with positions in every Oak
Brook Pay grade represented in the mix. In additional to their direct experience
with Oak Brook, Hay Group also has a local presence and contact throughout the
region. Hay specializes in internal equity studies and can add value through the
survey tool by including some of the questions administration has on specific
functions of positions that fall outside of the "target set ". Hay Group also has
experience with private to public comparisons and will be working with Village
staff to achieve this additional measure discussed by the Village Board.
The cost estimate from the Hay Group Inc. was for a not to exceed of $13,000.00
based on the final approach selected. The budgeted amount in the current budget
for this study is $15,000.00. Village staff requested that the Hay Group be
VILLAGE OF OAK BROOK Minutes Page 5 of 11 November 28, 2006
9. C. 1) approved as the vendor with a not to exceed $15,000 based on the quote of
$13,000 from Hay Group with an additional $2,000 for additional work related to
private sector comparison and assistance with a review of the cost of living
adjustment plan of other communities, which was not discussed in the original
scope of services with the vendors. The estimated completion of the project
would be early January 2007.
Motion by Trustee Craig, seconded by Trustee Sanford, to direct Village Staff to
engage the Hay Group to complete a Pay and Classification Study for the Village
of Oak Brook in an amount not to exceed $15,000.00. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried
2) BOARD OF FIRE AND POLICE COMMISSIONERS — TESTING SERVICES
Consistent with Illinois State Statute and the Rules and Regulations of the Board
of Fire and Police Commission (BFPO), the Village of Oak Brook is again
required to begin the process of establishing a promotional list for the position of
Firefighter Lieutenant. The Firefighter Lieutenant Eligibility List expired on
November 11, 2006. However, a request to push the exams past the Holiday
Season from Fire Department Management was recognized by the Board of Fire
and Police Commissioners; the required study period under the Oak Brook BFPC
Rules and Regulations, which is consistent with the new Firefighter Promotions
Act of 2004, is for 90 days.
In September of 2006, a Request For Qualifications was published and sent to
various firms that conduct testing services. Along with the customary areas
examined in the RFQ process, the highest priority for the BFPC is the firm's
experience with collaborating with fire departments to develop written
promotional exams and structure, develop, and administer assessment centers
consistent with the Fire Promotions Act. Therefore, the listed references of other
Illinois fire departments is paramount to the BFPC in the selection of the firm.
Four separate firms did submit materials in accordance with the RFQ. Those
firms included:
1. Industrial Organization Solutions, Inc., Weschester IL
2. Fields Consulting Group, McLean VA
3. Emergency Services Consulting, Inc., Wilsonville, OR
4. Stanard & Associates, Inc., Chicago IL
Although each of the firms appear to be qualified to develop a solid promotional
exam, the references and similarity in exam process listed by Stanard along with
the direct experience Oak Brook has had with Stanard in developing previous
VILLAGE OF OAK BROOK Minutes Page 6 of 11 November 28, 2006
9. C. 2) exams, including the most recent Battalion Chief Exam under the new
Promotions Act, unequivocally sets Stanard aside from the other firms.
It is important to note that the Promotional Process for the Village of Oak Brook
Board of Fire and Police is an extremely structured process involving leadership
of both the BFPC and the department to select topics and source material for each
phase of the testing product. After this phase is completed, the selected Testing
Agency develops the questions, retains local assessment center evaluators to
critique the candidates, and analyzes the results in a process that includes layers
of confidential measures to ensure that all candidates have the same and equal
opportunity in the promotional process. To achieve this level, the successful firm
must have experience with the fire promotional exams, fire departments in Illinois
under the same State Statutes, and connections to agencies in this region in order
to retain evaluators (other fire department /district managers) that have
comparable positions for rating purposes while maintaining complete secrecy
from the Oak Brook department's personnel.
The Board of Fire and Police Commissioners and the Village Staff recommend
that the work product as well as the entire experience of working with Stanard
and Associates has been highly professional and a strong asset to this
organization and again based on the RFQs submitted, strongly recommend
Stanard for the 2006 Fire Lieutenant Promotional Exam.
The cost of the project as quoted by Stanard is $13,650.00 with an additional
$300 to $500 paid for evaluators' time, meals and other ancillary costs. The
Village budgeted amount for this process is $15,000.00. The process takes
approximately 120 days with the bulk of the time being the 90 day study period
for the applicants.
Trustee Aktipis questioned whether it would be advisable to vary the agencies
used for testing as has been done with auditors. President Quinlan indicated that
that could be considered the next time.
Motion by Trustee Kennedy, seconded by Trustee Yusuf, that the Village Board,
consistent with the recommendation of the Board of Fire and Police
Commissioners, engage Stanard and Associates, Inc., to assist with developing
and administering the promotional testing process for the position of Firefighter
Lieutenant. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 7 of 11 November 28, 2006
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10.
D. DISCUSSION OF UTILITY TAX "SUNSET PROVISION"
At the November 14, 2006 Board of Trustees meeting, the Utility Tax was extended
for the 2007 calendar year. At the time of the adoption of Ordinance G -470 Trustee
Kennedy inquired if it was necessary to retain the sunset clause in the Village Code
as it relates to the Utility Tax. In order to have a discussion on this matter, staff was
requested to place this matter on the November 28, 2006 meeting agenda. It has been
opined that there is no legal requirement to have an expiration date and revisit this
matter on an annual basis.
Trustee Kennedy suggested that it was unnecessary to review this issue each year,
since it has been consistently re- approved each year since its inception several years
ago. He added that the Board could at any time discontinue it, increase it within
certain limits or decrease it as financial circumstances dictate. He felt that this was
an issue that would be reviewed at budget time each year because the utility tax flows
into the General Corporate Fund which finances the two largest departments, Fire and
Police. He reminded the Board that it is one of only two significant revenue sources
over which the Village has any control. The other sources are dictated by the State.
He felt that it was unnecessary to have a discussion about whether to maintain a tax
that for the foreseeable future is going to be needed to fund these important
departments.
Trustee Aktipis disagreed based on an important principle. He felt that one of the
uncomfortable actions taken by public officials is maintaining or increasing taxes and
felt that it was incumbent upon the Board to suffer the process to review taxes on a
regular basis and not have any tax automatically extended. Further discussion ensued
with the consensus being that the sunset provision be continued.
NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) AN ORDINANCE AMENDING SECTION 5 -5 -2 ( "TAX IMPOSED ") OF
CHAPTER 5 ( "MUNICIPAL HOTEL TAX ") OF TITLE 5 ( "MUNICIPAL
TAXES ") OF THE VILLAGE CODE Of THE VILLAGE OF OAK BROOK
At the October 25, 2006 Committee of the Whole meeting, the Board provided
direction to staff to prepare an ordinance that would increase the Oak Brook Hotel
Tax by an additional 2% with the intention of spending a portion of the new funds
in the general area of the hotels for implementation and maintenance of portions
of the beautification master plan. To that end, an ordinance has been drafted that
includes an increase of the hotel tax to 3% and, included in the ordinance, the
VILLAGE OF OAK BROOK Minutes Page 8 of 11 November 28, 2006
10. B. 1) establishment of a Hotel Beautification District.
The Board finds that the creation of a Hotel District and the installation and
maintenance of improvements will serve to promote tourism and conventions and
will attract non - resident overnight visitors to the Village
The Hotel, Convention and Visitors Committee (comprised in part by the hotel
_ General Managers) recently met and indicated that they did not support the
increase of the tax or the planned expenditures. Because the Beautification
Master Plan, as approved by the Board, does not include any design work, there
exists an opportunity to form a working group that could have hotel managers as
members to assist in making recommendations to the Village Board.
Based on the previous conversation regarding taxes, President Quinlan felt it was
important to point out that the Village of Oak Brook does not impose any
property tax on residents or commercial properties, which provides a significant
advantage when property is purchased and businesses operate in the Village. He
added that the increase is minimal and still lower than any surrounding competing
areas.
Trustee Kennedy agreed with President Quinlan indicating that the additional tax
would be used for beautification and asked to increase the area included in the
district to include Jorie Boulevard. The amendment was accepted.
Trustee Aktipis expressed concern for the increase in the tax. Further discussion
ensued emphasizing the advantages to businesses of no property tax and the fact
that the tax is lower than any other municipality.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to Approve
Ordinance 2006 -G -817 Entitled "An Ordinance Amending Section 5 -5 -2 ( "Tax
Imposed ") of Chapter 5 ( "Municipal Hotel Tax ") of Title 5 ( "Municipal Taxes ")
of the Village Code of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 5 - Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 1 - Trustee Aktipis.
Absent: 0 - None. Motion carried.
Trustee Craig passed - a pass is counted with the majority.
2) 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 —
LUCKY FELLA, LLC — AL DI LA (FORMERLY DOLCE)
Lucky Fella, Inc. has made application to the Village for a Class A -1 liquor
license for their new restaurant, Al di La, located at 1600 16`x' Street, #T9,
(formerly Dolce). Documentation requirements have been fulfilled. The General
Manager, Robert LaMantia, is one of the owners of the establishment and has
received BASSET training.
VILLAGE OF OAK BROOK Minutes Page 9 of 11 November 28, 2006
10. B. 2) Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of
Ordinance G -818 "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: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) HOTELS OF OAK BROOK 2007 MARKETING CAMPAIGN APPROVAL
The 2007 Budget contains provisions for the marketing campaign (Program 171-
7360 Advertising /Promotion). The recommended campaign is similar in scope
and at basically the same expenditure level as the 2006 campaign.
At its November 9, 2006 meeting, the Oak Brook Hotel, Convention and Visitors
Committee was presented and discussed the 2007 marketing campaign. While
those present liked the campaign, there was not a quorum at the time in the
agenda to make a formal recommendation.
The campaign includes scheduled media placements, direct mail pieces,
fulfillment pieces and e -mail broadcasts targeted at group (or business) travelers
as well as leisure travelers. Advertisements are contemplated in publications such
as Meeting MidAmerica, Meeting Guide to the Midwest, Midwest Meetings,
Illinois Meetings & Events, Chicago Tribune, Daily Herald, Midwest Living and
the DuPage Convention and Visitors Guide. The campaign also includes tracking
services, call management, web maintenance and hosting, fulfillment services
(group and leisure brochures) and search engine marketing.
All ad placements included in the campaign are net -of commission. The
agreement provides for a monthly retainer fee to be paid to Point B
Communications for all coordination services, conference time, travel, strategic
planning, media research, marketing plan development, consultation, etc. These
services are not insignificant given the time that is spent coordinating with the
marketing subcommittee, monitoring the success of projects and responding
accordingly, obtaining various approvals, etc. Costs for creative ad production by
Point B Communications are billed separately as a part of each applicable job.
The total not -to- exceed amount of the agreement with Point B Communications is
$300,222. The funds for this program come from the 1% room tax on overnight
hotel stays in Oak Brook
Motion by Trustee Craig, seconded by Trustee Kennedy, to approve the 2007
marketing campaign totaling $300,000 as recommended by the Oak Brook Hotel,
VILLAGE OF OAK BROOK Minutes Page 10 of 11 November 28, 2006
10. C. 1) Convention and Visitors Committee, and authorize the Village Manager to
execute the necessary agreements after review by the Village Attorney. ROLL
CALL VOTE -
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Quinlan again reiterated that leaves should not
be left on the street.
B. VILLAGE MANAGER - No report presented.
C. VILLAGE CLERK - No report presented.
12. ADJOURNMENT
Motion by Trustee Craig, seconded by Trustee Manofsky, to adjourn the Regular Meeting
of the Board of Trustees at 8:35 p.m. VOICE VOTE: Motion carried.
ATTEST:
s /Linda K. Gonnella
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 11 of 11 November 28, 2006