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Minutes - 05/01/2008 - Committee of the WholeMINUTES OF THE MAY 15 2008 SPECIAL COMMITTEE -OF- THE -WHOLE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN BY THE VILLAGE BOARD ON AUGUST 12, 2008. 1. CALL TO ORDER: The Special Committee -of -the -Whole Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 6:30 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager. 3. ADJOURN TO CLOSED MEETING to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1). Motion by Trustee Wolin, seconded by Trustee Carson, to adjourn to closed meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1) at 6:33 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. COMMITTEE -OF- THE -WHOLE Minutes Page 1 of 8 SPECIAL MEETING MAY 11 2008 4. RECONVENE President Craig reconvened the meeting at 7:05 p.m. RESIDENTNISITOR COMMENT Resident Alan Knuth, a member of the York Woods Homeowner's Association, was speaking on behalf of those members who had spoken to him. He addressed the Board regarding the ethics ordinance 'and several specific concerns regarding who would determine disciplinary action, that fines should be at the maximum allowable and that the Ethics Advisor should be citizen oversight Resident Mario Vescovi addressed the Board regarding the ethics ordinance specifically sighting the section regarding playing golf by an employee at a private country club in the Village which he suggested should include clubs contiguous to the Village. He felt that zero tolerance of any gift was appropriate and strict disciplinary action including termination for violations. Resident Harry Peters also addressed the Board regarding the ethics ordinance. However, he began by complimenting the Village for the services and responsiveness of staff to the Forest Glen homeowners and the Board on their ethical behavior. Mr. Peters agreed with Mario Vescovi regarding zero tolerance and encouraged the Board to continue their discussions to develop a good ordinance. Resident Richard Allison addressed the Board regarding the ethics ordinance agreeing with Mr. Knuth and Mr. Vescovi and agreed that the discussions should continue to develop a good ordinance. He itemized issues of his concern including nepotism, strong penalties, citizen oversight, outside employment, post termination employment, ethics training, resident fraternization, whistle blowing protection and political contributions from liquor license holders. Resident Donald O'Neil addressed the Board regarding nepotism. Resident Joseph Rush addressed the Board regarding the ethics ordinance. He agreed that the ordinance should be restrictive and punitive. ETHICS ORDINANCE The Village Board requested another discussion of the draft ethics ordinance Village Manager Niemeyer recommended the following changes to the ordinance: Section 1- 10 -4A1- Village residents should not be a prohibited source. His opinion was that it is arbitrary. Why residents but not businesses? This is not one of the prohibited sources listed in the state gift ban act. An official could accept gifts from a resident under COMMITTEE -OF- THE -WHOLE Minutes Page 2 of 8 SPECIAL MEETING MAY 1, 2008 5. the proposed code but would have to make an assessment whether the gift was based on personal friendship or the position of the official for each and every gift (except for relatives, which are completely exempted). Section 1- 10 -9A3- Outside employment should be stricken. Outside employment restrictions would still apply to employees in the personnel code. It is not practical to put restrictions on outside employment of elected officials and commission members. Section 1 -10 -9C This section prohibits employees from representing any person or entity in connection with any engagement for a period of one year after employment ends. This should be amended to allow the manager to ask the village board for a waiver of this restriction in certain circumstances. For example, the Village may wish to hire back a long -term employee for a period of time to work on projects he /she developed some expertise in or to transition a new employee. Section 1 -10 -9E Banning employees from playing at private country clubs in the village seems arbitrary. This issue has been the subject of some discussion. Essentially, the way this is currently written, employees would be prohibited from playing at one club in town (Butler National). However, it should be pointed out that for some employees, the code could still prohibit them from playing at Butler National even if this section was stricken. If the gift is from one of the prohibited sources, (including Butler National itself, which has an agreement with the village for use of our open fields) employees could not accept it unless it falls under one of the exceptions in the code as its value exceeds $100. Section 1 -10 -11 Consideration should be given to increasing penalties for violations. In addition, there is a contradiction between the proposed ethics code and the village personnel ordinance that needs to be resolved. The village personnel code prohibits solicitation of any gift of any kind or value in any amount. The proposed ethics code prohibits solicitation of gifts but lists 12 exceptions in Section 1 -10 -5. My recommendation is to change the ethics code to reflect the personnel code. While I believe it is proper to allow receipt of a gift from a prohibited source under the restrictions of the proposed code, I can't envision any circumstance where solicitation of a personal gift attributable to the official position of an employee or officer is appropriate. He also recommended that the board listen to the ICMA audio conference on building ethical habits. A specific time will be set for this and /or give the board copies of the audiotape depending on your preference. Manager Niemeyer responded to the comments made by residents by indicating that many of the issues had already been addressed. He responded to the concerns about nepotism indicating that the Board had passed a nepotism ordinance a couple of years ago and commented that since his tenure in Oak Brook he has not seen nepotism as an issue. He COMMITTEE -OF- THE -WHOLE Minutes Page 3 of 8 SPECIAL MEETING MAY 1, 2008 5. commented that the ordinance addressed gifts and the original dollar amount came from State Statute and he relayed that he had not seen any problems regarding this issue either. He also shared that he had worked in communities with both a commission review and staff review and pointed out that as part of the City Manager profession that managers were held to a much higher code of ethics than anything Oak Brook has considered and is an ingrained part of their personal code. Manager Niemeyer suggested that, as President Craig alluded to, that when the ordinance was complete there still might be some additional issues to address. He suggested that a future timeframe be set to review the ordinance again. In addition, to respond to the concern for transparency, he suggested that an annual report be developed to provide the number of ethics complaints, training provided, etc. so that residents are aware of what had been done. President Craig asked the Police and Fire Chiefs regarding their procedures. Police Chief Sheahan responded that the Police Department had their own set of procedures which are as strict, or stricter, than the ethics ordinance along with internal mechanisms for investigations and governed by an outside Board of Fire and Police Commissioners. Fire Chief Bodony commented that the Fire Department's internal mechanisms were the same. Trustee Manofsky reiterated that as Manager Niemeyer indicated many of the issues, including nepotism were addressed in the Personnel Manual. She thanked residents for their input. She expressed concern regarding staff comments on the ordinance and asked Manager Niemeyer to address those issues. Manager Niemeyer indicated that he had met with staff several times and asked for staff feedback regarding consistency and their comments were related to that issue. Discussion ensued regarding the issue of gifts and the exceptions based on "friendship ". Attorney Sterk commented that these issues were very difficult to define and the reason to maintain as close a similarity to the State Statute as possible was because these issues can become untenable to deal with. Trustee Wolin agreed with zero tolerance and would trust Trustee Manofsky's instinct that there is an issue regarding golf and would agree to go along with the restrictions. Trustee Kennedy addressed the issue of "prohibited source" by reading State Statute in this regards. He felt that this addressed all issues from every angle. He felt that adding "Village residents" as a prohibited source was unnecessary and problematic. There was consensus from the Board to exclude Village residents as a prohibited source and that it was unnecessary to specify golf as a gift because it would be included under "recreation ". COMMITTEE -OF- THE -WHOLE Minutes Page 4 of 8 SPECIAL MEETING MAY 1, 2008 5. Discussion ensued regarding the exceptions for food or refreshments. There was consensus that there should be a single maximum per year of $75.00 Discussion ensued about the process and that the Assistant Village Manager would be the Ethics Advisor working with the Village Attorney and that any complaint must be made in writing and must be responded to in writing within thirty days. Village Attorney Sterk addressed the issue of an outside ethics commission and explained the complexities of that form of oversight. He indicated that the Board has continuously commented that this ordinance would be revisited frequently and that if it was determined that any of the provisions were not working well it would be changed. There was discussion of keeping the fine to $1,000, but it was added that it would be per incident. There was consensus. It was also determined that procedures needed to be included. Trustee Kennedy made some additional suggestions that were agreed to by the Board. Resident Allison again suggested that the Board consider a community oversight committee rather than being handled by the Village Manager. Trustee Sanford took exception indicating that the Board was elected by the community and that their oversight should be sufficient. He added that an outside committee could be difficult because they would be an unknown entity. Trustee Wolin indicated that this issue had been discussed in detail, but that it was determined to go with the current procedure and revisit it in the future. Village Manager Niemeyer indicated that clarification was needed for "solicitation of gifts ". He also commented that he recognized that this ordinance was being tightened as a result of past indiscretions, but he wanted to be clear that if anyone felt there were current violations occurring that they call him and that they would be investigated. President Craig suggested a five minute recess. 6. BATH & TENNIS CLUB PRESENTATION President Craig asked Bath & Tennis Club Operations Manager Nelson Patras to update the Board on the operations of the Club. Indicating that the Sports Core over the last three years has been breaking even and that the Bath & Tennis Club has made progress in decreasing the deficit that had occurred as a result of the renovations. Village Manager Niemeyer indicated that it had been suggested by Trustees Manofsky and Wolin during budget discussions that they would like to gain insight into the different departments in the Village. He indicated that it was the purpose of tonight's presentation of the Bath & Club to provide an overview of the Bath and Tennis organization, recent COMMITTEE -OF- THE -WHOLE Minutes Page 5 of 8 SPECIAL MEETING MAY 1, 2008 6. accomplishments, membership trends, a financial summary of 2007 and future goals. Bath & Tennis Club Operations Manager Nelson Patras described the organization indicating that there were five full time Bath & Tennis employees, an Accounting Assistant that divided time between Bath & Tennis and the Golf Club, 45 food & beverage situational part time and seasonal employees. On the recreational side of the organization the Tennis, Aquatics Program and Polo will be contracted out to independents. Manager Niemeyer sighted recent changes and accomplishments including new advertising, new field rental program, privatization of the tennis program and implementation of new software to streamline procedures. Finance Director Darrell Langlois described membership trends. After a major change in what was included in membership members increased significantly in 2004. Since that time there has been a decrease in membership, but the revenue has been stable. Trustee Manofsky explained the overhead costs. The administrative costs are divided between the programs and she provided data that showed the Swim, Tennis, Open Fields, Clubhouse Food and Beverage, Poolside Grill and Golf Club Food and Beverage programs would be profitable without overhead costs. She noted that Polo was a troublesome aspect because it was expensive and catered to a small audience. She expressed that there had been a previous Board attitude that it was okay for the Bath & Tennis Club to lose money because the Golf Course made money and it was a wash. She stated that she did not hold that same opinion. Trustee Carson felt that there were two businesses within the Sports Core. A recreational business and a catering business which were not generally municipal functions. He felt that it could not be sustained only by Oak Brook residents. He indicated that in actuality there were many members from Hinsdale and Elmhurst. A Mission statement was established and a series of goals were set forth approximately three years ago. Discussions and ideas had begun toward examining partnerships to improve the Sports Core operations and the pursuit of other uses for the Sports Core grounds. Mr. Bill Gust addressed the Board with an idea for an indoor field house which could be used for indoor soccer or other events from September to May. Trustee Carson continued with goals for the banquet facility and recognized that there were business development and marketing issues that needed to be discussed and expanded. Trustee Sanford asked whether the overhead costs would go away if Polo was eliminated COMMITTEE -OF- THE -WHOLE Minutes Page 6 of 8 SPECIAL MEETING MAY I, 2008 6. or whether it would just be disbursed among the other programs. Trustee Manofsky responded that she had many ideas as how to lower overhead, but it was very late and felt this was not the time to discuss those ideas. She was trying to provide food for thought for the Trustees. Resident Harry Peters commented that a problem he sees as a resident is that empty nesters or residents who would not use the pool regularly would not buy a season membership, but would like the ability to use the pool on a daily basis for a fee. Trustee Wolin expressed concern regarding updating the facilities. He agreed with Trustee Manofsky that the cost of updating the pool, tennis courts and parking lot would not be worth the expense for the 200 members. Trustee Manofsky did not feel that the expense of the approximately $350,000 loss each year was an appropriate use of funds for 200 members. Trustee Wolin suggested that an additional, separate Committee-of-the - Whole Meeting be scheduled to discuss this topic. Trustee Saiyed agreed that more marketing was needed. 7. ILLINOIS TRANSPORTATION ENHANCEMENT GRANT A. BOARD REVIEW The Illinois Department of Transportation recently announced the solicitation of projects for the 2008 Illinois Transportation Enhancement Program (ITEP). ITEP provides funding for community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, aesthetic and environmental aspects of our transportation infrastructure. Projects can receive up to 80% reimbursement. Applications are due May 5, 2008. This is a competitive process. The last time this grant was offered, 376 applicants were received and 107 projects received funding, most at reduced amounts. The village recently approved a village wide beautification plan and a number of projects in this plan would be eligible for ITEP grant funding. The beautification committee chose a one mile stretch of Illinois Route 83 from 22nd Street to 31" street as a potential. This is one of the more visible projects in the village and unlike projects in the hotel district has no readily identifiable funding source. In the unlikely event the village receives the entire grant request, the village would still have to commit 20% of the project funds or a maximum of $297, 334.80. At this point, we may have to use our reserves to fund the matching portion of our project. This is an appropriate use of funds when the village can get outside funds that would cover 80% of the project cost. COMMITTEE -OF- THE -WHOLE Minutes Page 7 of 8 SPECIAL MEETING MAY 15 2008 7. B. PUBLIC INPUT Resident, Harry Peters was in attendance as a member of the Beautification Committee which supported the pursuit of this grant. Manager Niemeyer added that the Village had received several letters from legislators in support of this project. C. PASSAGE OF RESOLUTION R -1017, A RESOLUTION AUTHORIZING THE VILLAGE OF OAK BROOK TO APPLY FOR THE ILLINOIS TRANSPORTATION ENHANCEMENT GRANT Motion by Trustee Sanford, seconded by Trustee Kennedy, for passage of Resolution R -1017, A Resolution Authorizing the Village of Oak Brook to Apply for the Illinois Transportation Enhancement Grant. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 8. ADJOURNMENT: Motion by Trustee Kennedy, seconded by Trustee Carson, to adjourn the Committee -of- the -Whole Meeting at 9:58 p.m. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk COMMITTEE -OF- THE -WHOLE Minutes Page 8 of 8 SPECIAL MEETING MAY 15 2008