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Minutes - 02/28/2012 - Board of TrusteesDate Corrected MINUTES OF THE FEBRUARY 28, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 27.2012. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf, and Elaine Zannis. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Director of Community Development; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief, Sue Madorin, Library Director; Mike Hullihan, Public Works Director; James Kruger, Chief of Police; Trey VanDyke, Sports Core Director and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani discussed a major development in Oak Brook called Pinstripes, which is an item on the Consent Agenda. He stated that they will be constructing a 35,000 square -foot entertainment facility that will offer bowling, bocce and a wonderful Bistro and that it will be located in the Oakbrook Center on the Sears parcel. He stated that Pinstripes has been very successful in other communities and is expected to generate $150,000 annually in retail sales tax. President Lalmalani welcomed Pinstripes to the community and also welcomed CEO Dale Schwartz and his company to Oak Brook. He further stated he would like to recognize Mark Gogzel as legal counselor for Pinstripes who was present. 4. RESIDENTNISITOR COMMENT - NONE APPROVAL OF MINUTES — NONE 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending February 24, 2012 - $740,129.36 Significant Items included in Above: 1) Odelson & Sterk, Ltd. - Legal Services — January, 2012 - $4,536.39 (FY12 — YTD - $4,536.39) 2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — January, 2012 - $3,351.25 (FY12 — YTD - $3,351.25) 3) Hervas, Condon & Bersani, P.C. - Legal Services - January, 2012 - $4,656.24 (FY12 — YTD - $4,656.24) 4) Rathje & Woodward, LLC — Legal Services — January, 2012 - $3,336.30 (FY12 — YTD - $3,336.30) 5) Martam Construction — Payout #5 — 2011 Water Main Replacement - $239,257.40 6) Christopher B. Burke Engineering, Ltd — Payout #3 — 2012 Paving Project - $25,210.00 7) DuPage Water Commission — January 31, 2012 - $203,493.85 B. Approval of Payroll for Pay Period Ending February 18, 2012 - $631,016.97 C. Community Development Referrals — NONE AT THIS TIME D. Authorization to Seek Bids or Proposals or Negotiate Contracts: -NONE AT THIS TIME E. Budget Adjustments — NONE F. Ordinances & Resolutions 1) RESOLUTION 2012 -SC- GOLF -PG -R -1160, A Resolution Approving and Authorizing the Execution of a Contract By and Between the Village of Oak Brook and E -Z -GO Textron, Inc. in Regard to the Replacement of Golf Cars 2) ORDINANCE 2012- ZO- PUD -EX -S -1328, An Ordinance Approving a Planned Development — Sears, Roebuck and Co. — Pinstripes — 7 Oakbrook Center 3) RESOLUTION 2012 - MRKTG- AG -EXl -R -1158, A Resolution Approving and Authorizing the Execution of a Retainer Fee Services Agreement for Advertising and Marketing Services By and Between the Village of Oak Brook and Point B Communications 4) RESOLUTION 2012 -IDOT- PERMITS -R -1155, A Resolution Concerning Construction on State Highways VILLAGE OF OAK BROOK Minutes Page 2 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 5) RESOLUTION 2012 - TASTE- AG -EXl -R -1157, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Ravenswood Event Services to Provide Event Planning Services for the Taste of Oak Brook 2012 6) ORDINANCE 2012- PD -OF -G -965, An Ordinance Amending Ordinance G -875 which Provided for the Impoundment of Motor Vehicles Used in Connection with Illegal Activities 7) ORDINANCE 2012 -PG- CNTRCTS -G -966, An Ordinance Amending Section 1- 7-4 of the Oak Brook Village Code Amending the Publication and Notice Requirements for Commodities, Services and Construction Contracts 8) RESOLUTION 2012- ENG- AG -EXI -R -1156, A Resolution Approving and Authorizing the Execution of a Professional Services Agreement for Phase III Engineering Services in Relation to the 22nd Street Beautification Project By and Between the Village of Oak Brook and Engineering Resource Associates, Inc. 9) RESOLUTION 2012 - DUMM -LP -R -1154, A Resolution Adopting the 2012 Legislative Positions and Priorities of the DuPage Mayors and Managers Conference 10) RESOLUTION 2012-GIS-AG-EX I -R- 1159, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Ayres Associates, Inc. to Provide Aerial Mapping Services G. Award of Contracts 1) Golf Commodities 2) Unit #D -12 —Golf Course Maintenance Mower Replacement H. Monthly Treasurer's Report — January 31, 2012 Motion by Trustee Moy, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried VILLAGE OF OAK BROOK Minutes Page 3 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 ITEMS REMOVED FROM CONSENT AGENDA 6.17.3 RESOLUTION 2012 - MRKTG -AG -EXI -R -1158, A Resolution Approving and Authorizing the Execution of a Retainer Fee Services Agreement for Advertising and Marketing Services By and Between the Village of Oak Brook and Point B Communications Trustee Manzo questioned Village Manager Niemeyer if this was the item they had cut from the budget for 2012. Village Manager Niemeyer stated that was correct, that it is actually the retainer fee for Point B. It is now $2100.00 a month compare to last year it was $3100.00 month. He stated that because of the significant cuts the Board made to the Hotel Marketing budget for 2012, the retainer fee is significantly less. Trustee Manzo further stated that the Village went a few years ago out to bid and were planning on going out to bid for 2013. Village Manager Niemeyer agreed and stated that he also would recommend going out to bid next year. Motion by Trustee Manzo, seconded by Trustee Wolin, to approve RESOLUTION 2012 - MRKTG -AG -EXI -R -1158, A Resolution Approving and Authorizing the Execution of a Retainer Fee Services Agreement for Advertising and Marketing Services By and Between the Village of Oak Brook and Point B Communications ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. 6.F.5 RESOLUTION 2012 - TASTE -AG -EXI -R -1157, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Ravenswood Event Services to Provide Event Planning Services for the Taste of Oak Brook 2012 Trustee Manzo stated he did appreciate that Ravenswood cut their fee from what they were originally asking for regarding this item. He addressed the 20% for new sponsorships' item, and stated that this is not anything the Village has done in the past or anything the Village would solicit on their own outside of the Ravenswood contract. Village Manager Niemeyer replied that this was correct. VILLAGE OF OAK BROOK Minutes Page 4 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 Trustee Manzo further stated that he knows it is too late to go out to bid on this contract this year but would recommend going out to bid next year if the price is going up. Village Manager Niemeyer agreed that the Village should go out every few years, but also stated that the Village should not go out to bid every year because there needs to be some kind of continuity in regards to this matter. Trustee Zannis questioned Village Manager Niemeyer about how the sponsorship worked in the contract and he explained the process. She stated that the Board would have final approval on which sponsors would be able to sponsor this event. Trustee Yusuf stated he would like to have the agreement reviewed to make sure that the 20% clause is spelled out so that Ravenswood would receive the 20% for only new sponsors. Village Manager Niemeyer stated that it was in the contract in Section C3. Trustee Yusuf agreed, but further stated that he would like the Village Attorney to review the agreement to make sure that it was completely clear on the 20% for only new sponsors that Ravenswood would bring in for sponsorship. Motion by Trustee Manzo, seconded by Trustee Wolin to approve RESOLUTION 2012 - TASTE- AG -EXI -R -1157, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Ravenswood Event Services to Provide Event Planning Services for the Taste of Oak Brook 2012 ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 — None Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. Ziesemer — 94 Breakenridge Farm — Variation — Side Yard Setback Trustee Moy explained that Oak Brook resident Ben Ziesmer was requesting a variation to Section 13 6A 3F.2 of the zoning ordinance in order to construct a sunroof over an existing patio. Trustee Moy stated that the Zoning Board had already unanimously approved the variation. Motion by Trustee Moy, seconded by Trustee Aktipis to approve a variation to Section 13 GA 3F.2 of the zoning ordinance. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 9. UNFINISHED BUSINESS —NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions — NONE C. Award of Contracts — NONE D. 2012 Hotel Marketing Plan Trustee Zannis introduced a representative from Plan B Marketing. Plan B Marketing explained their success for 2011. - Online marketing improvement, including the addition of marketing through Facebook. - Total of 296 leisure packages sold, and 1,588 total group room nights sold. - Different leisure campaigns throughout the year including "Room with a Zoo" - Different campaigns geared toward group stays. Trustee Wolin asked for clarification on the presentation, and asked Point B if they could turn the total of room stays into a dollar amount. Point B responded that the amount of information provided to them is limited, and it would be difficult to provide a monetary amount to their marketing campaign. Trustee Aktipis asked for more in depth information about the Plan B Marketing operation, and how they specifically benefit other regions in Oak Brook besides the hotels. The Plan B Marketing Representative explained that when someone comes to Oak Brook to stay the night, they are undoubtedly dining in the restaurants and also taking advantage of the different entertainment opportunities. Trustee Zannis stated that Oak Brook's biggest competition in terms of weekend destinations is the city of Chicago, and that through different marketing campaigns, Oak Brook can begin to see more people stay in the Village. President Lalmalani stated that a promotion should be considered where a hotel stay included a round of golf. Plan B stated that they are somewhat limited in what they can do in terms of marketing because of their budget limits, but that they would like to consider different promotions for the coming year depending on the seasons. VILLAGE OF OAK BROOK Minutes Page 6 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 Motion by Trustee Zannis, seconded by Trustee Moy to approve the 2012 Plan B Marketing Plan. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. E. Authorization to Hire Firefighter/Paramedie Trustee Moy explained that the Village must hire a new firefighter to stay within the guidelines of the contract between the Village and the Firefighters Union. Chief McEllin stated that Mark Bahnsen, an Oak Brook Firefighter is retiring after 32 years of service, opening up a spot for the Village to hire a new firefighter. He explained that the hiring process takes a very long time, and that the department would like to start the process as soon as possible. Trustee Aktipis stated that he understands that the Board does not have a say in existing union contracts, however he did express his concern with the current revenue concerns of the Village. Trustee Yusuf recognized Mark Bahnsen for his dedication to the Village. He also explained that the contract reads that they cannot go below a certain amount of firefighters and still hire outside help, but that if the Board feels it is necessary, they can agree to lower the amount of firefighters on staff within the provisions of the contract. He then stated he supports the hiring of a new firefighter at this time. Trustee Manzo clarified that they were not adding on a new firefighter, but replacing one, and because Mr. Bahnsen was on the higher side of the pay grade, a new hire will be saving the Village money. Motion by Trustee Moy, seconded by Trustee Aktipis, for authorization to be given to the Village Manager to direct the Board of Fire and Police Commissioners to fill the upcoming open firefighter /paramedic position from the current eligibility list. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES A. Village Clerk Clerk Pruss reminded everyone that elections were coming up, and explained where the early voting locations were. She also stated that the Village will be posting a video of the candidates for the election on March 20a' for informational VILLAGE OF OAK BROOK Minutes Page 7 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 purposes. B. Village President President Lalmalani turned it over to the department heads to speak. a. Police Chief Kruger explained that there is a move in Illinois to currently take the surcharge that come from training officers and return them back to the state of Illinois. He asked for support in combating these fees because the department needs this money in order to better train the local law enforcement officers. b. Chief McEllin congratulated Mark Bahnsen on his retirement and thanked him for all of his work. c. Sports Core Director Trey Van Dyke stated that with the wann weather the golf course may be able to open earlier this year. d. Assistant Manager Blaine Wing stated the new Village website is up and running and it has received positive feedback from the residents. e. Public Works Director Mike Hullihan urged everyone to be careful as there still might be unexpected snowfalls. Trustee Yusuf stated that he is optimistic that the sales tax has improved since the completion of the road construction. Trustee Aktipis stated that he would like to still continue to be cautious with the Village's spending. Trustee Moy stated that he believed the hotel committee meeting was very productive, and he believes the Village should put together the same sort of committee for the restaurants in Oak Brook. 12. ADJOURN TO CLOSED SESSION For the purpose of discussing (1) pending, probable, or imminent litigation matters, (2) collective negotiating matters, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(11), 2c(2) and 2c(21) of the Illinois open meetings act, respectively Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn to closed session for the purpose of discussing (1) pending, probable, or imminent litigation matters, (2) collective negotiating matters, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(11), 2c(2) and 2c(21) of the Illinois open meetings act, respectively ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Present: 0 —None Motion carried. VILLAGE OF OAK BROOK Minutes Page 8 of 9 REGULAR MEETING OF FEBRUARY 28, 2012 This meeting was adjourned to Closed Meeting at 8:02 pm. 13. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 9:39 pm. VOICE VOTE: Motion carried /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 9 of 9 REGULAR MEETING OF FEBRUARY 28, 2012