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.
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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
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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
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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 ".
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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
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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
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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.
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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
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