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Minutes - 01/11/2011 - Board of TrusteesMINUTES OF THE JANUARY 11, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 25, 2011, CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President John W. Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 pm. 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, Mark Moy, Moin Saiyed and Gerald Wolin. ABSENT: Trustees Stelios Aktipis (arrived at 7:04 pm) and Elaine Zannis. IN ATTENDANCE: David Niemeyer, Village Manager, Blaine Wing, Assistant Village Manager; Robert Kallien, Community Development Director; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief; Sue Madorin, Library Director; Thomas Sheahan, Police Chief; Trey VanDyke, Sports Core Director; and Mark Sterk, Village Attorney. PRESIDENT'S OPENING COMMENTS President Craig asked that a moment of silence be taken for the people who lost their lives in the Arizona tragedy. 4. RESIDENTNISITOR COMMENT Resident Tony DiCanio requested that the Board allow a referendum for Community Choice Electric Aggregation to be added to the ballot on the April election. Resident Harry Peters thanked the Public Works Department for snow plowing the streets. He also questioned the large amount of legal bills on the agenda and stated that an audit should be conducted as to why the bills are so high. Resident Bill Lindeman is pleased that the ladder truck repair is on the agenda. He also stated that he is disappointed that the first meeting of February is cancelled and gave a list of items that can be discussed at the meeting rather than cancelling. Resident Al Knuth stated that the Village legal costs are overwhelming and proposed that a full time attorney be hired. He also stated that union negotiations are taking too long and need to be resolved. Resident Constanine Xinos stated that something happened in Oak Brook in November and he suggested to President Craig that he submit to a polygraph test. He then stated that the results of the test prove that President Craig was not being deceptive. He gave a copy of the results to all Board members. He also stated that he will pay for polygraph tests for police officers involved in the incident. He also criticized how long the Fire union VILLAGE OF OAK BROOK MINUTES Page I of 7 REGULAR MEETING OF JANUARY 11, 2011 negotiations have been going on. 5. 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 DECEMBER 30, 2010 — $387,980.12 ACCOUNTS PAYABLE FOR PERIOD ENDING JANUARY 7, 2011 — $625,888.41 Significant Items included in Above: 1) Odelson & Sterk, Ltd. — Legal Services — November, 2010 - $41,944.75 2) Hervas, Condon & Bersani, P.C. — Legal Services — November, 2010 — $19,446.08 3) DuPage Water Commission — November, 2010 - $149,504.19 4) Greater Oak Brook Chamber of Commerce — Chamber's Economic Development Partnership Grant (Jan.— Dec. 2011) - $69,750.00 B. APPROVAL OF PAYROLLS 1) For Pay Period Ending December 11, 2010 - $638,478.35 2) For Pay Period Ending December 25, 2010 - $602,340.67 C. COMMUNITY DEVELOPMENT REFERRALS —None D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS 1) Commercial Water Meter Testing, Repair and Replacement Services 2) Golf Course Commodities E. AWARD OF CONTRACTS 1) Library Books and Audio Visual Materials F. BUDGET ADJUSTMENTS G. ORDINANCES & RESOLUTIONS 1) Ordinance 2011- CD- BC -EXl -G -941, An Ordinance Amending Chapters 1 and 2 of Title 10 of the Village Code of the Village of Oak Brook Relating to Building and Fire Codes VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF JANUARY 11, 2011 7. 8. 9. 10. 2) Ordinance 2011 -SC -EXI -G -942, An Ordinance Adopting a Comprehensive Amendment to Title 12, Entitled, "Recreational Facilities ", of the Village Code of the Village of Oak Brook, Illinois 3) Ordinance 2011 - SAP -EXI -S -1302, An Ordinance Approving the 2011 Salary Plan and Salary Administration Policy for Non - Represented Employees of the Village of Oak Brook, Illinois H. MONTHLY TREASURER'S REPORT— NOVEMBER 30, 2010 I. CANCELLATION OF THE FEBRUARY 8, 2011 BOARD OF TRUSTEES MEETING L. 35TH STREET EMERGENCY REPAIR PROJECT — LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION M. GOLF MERCHANDISE FOR RESALE N. INTERGOVERNMENTAL AGREEMENT WITH TOLLWAY — RE: IRGENS DEVELOPMENT Motion by Trustee Moy, seconded by Trustee Aktipis to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 —None Absent: I — Trustee Zannis Motion carried. ITEMS REMOVED FROM CONSENT AGENDA — None BOARD & COMMISSION RECOMMENDATIONS — None UNFINISHED BUSINESS — None ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS —None B. ORDINANCES & RESOLUTIONS 1) RESOLUTION 2011 -EL -REF -R -1083, A RESOLUTION PROVIDING FOR THE VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF JANUARY 11, 2011 SUBMISSION TO THE ELECTORS OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, THE QUESTION WHETHER THE VILLAGE OF OAK BROOK SHOULD HAVE THE AUTHORITY UNDER PUBLIC ACT 096 -0176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH A PROGRAM Presented by Village Manager Niemeyer. Manager Niemeyer stated that a law passed in 2009 allows which municipalities to adopt an Ordinance under which it may aggregate residential and small businesses electrical loads and solicit bids to enter service agreements for the sale and purchase of electricity. He also stated the law requires municipalities to submit a referendum to its residence to determine whether or not they want the aggregation program which will allow the Village to request bids for electricity on behalf of residents and small businesses. He also stated that residents and small businesses will have an opt - out option and to continue to have ComEd as their electric provider. He further stated that this puts the Village in a leadership role in trying to find another way to reduce costs for residents and small businesses in Oak Brook. Trustee Aktipis asked what the term of the contract with the lowest bidder will be. Manager Niemeyer stated that this is something that can be negotiated. Trustee Wolin stated that going with a supplier other than ComEd will not do anything to help with outages since ComEd will still be the distributor of the electricity and the company to call for outages and repairs. Discussion ensued. Motion by Trustee Carson, seconded by Trustee Aktipis to approve Resolution 2011 -EL- REF -R -1083, A Resolution Providing for the Submission to the Electors of the Village of Oak Brook, DuPage and Cook Counties, the Question Whether the Village of Oak Brook Should have the Authority under Public Act 096 -0176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers who have not Opted Out of Such Program. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Zannis Motion carried. C. AWARD OF CONTRACTS — None D. AUTHORIZATION TO REPAIR LADDER TRUCK #929 President Craig gave a brief background of how the decision to repair rather than replace ladder truck 4929 came about. VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF JANUARY 11, 2011 Trustee Carson stated President Craig ordered a task force to work on this issue. The task force looked at a number of options and decided to repair the ladder truck rather than purchasing either a new or used one. Trustee Moy stated that Oak Brook needs a ladder truck because most of the homes are very high. He also stated that the task force looked at many different options and they are hopeful the ladder truck will last for an additional five years. Chief McEllin stated that this is an investment and he feels confident that the ladder truck will provide an additional five years of service to the Village. Discussion ensued. Motion by Trustee Carson, seconded by Trustee Moy to authorize staff to execute a contract with Fire Service, Inc. to repair Truck # 929 for an amount not to exceed $128,000. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Zannis Motion carried. E. INTERGOVERNMENTAL AGREEMENT WITH ETSB FOR INTEROPERABLE RADIOS Presented by Trustee Saiyed. Trustee Saiyed stated that Motorola and ETSB gave a brief presentation regarding a county -wide interoperable radio project. He stated that 70% of the municipalities have already joined in this intergovernmental agreement. He stated that if the Village does not join in this intergovernmental agreement, upgrades to the radios and equipment in the Communications Center, for a cost of approximately $500,000, will have to be done. He also stated that this will connect the Village with the other communities that have joined this agreement. Motion by Trustee Saiyed, seconded by Trustee Moy to approve the attached Intergovernmental Agreement with ETSB, subject to final review, modification and approval by staff and the Village Attorney. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 —None Absent: 1 — Trustee Zannis Motion carved. F. TASTE OF OAK BROOK EVENT PLANNER CONTRACT VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF JANUARY 11, 2011 Presented by Trustee Carson. Trustee Carson gave a background of previous Taste of Oak Brook events and the reasons to explore the option of hiring a different event planner. Trustee Carson stated that Ravenswood Event Services will receive 20% of sponsorships that they solicit only. Trustee Carson also stated that some restaurants that participated in the past did not feel that the event was advantageous to them. They recommended that the Village do more to get people to the earlier. Manager Niemeyer stated that Ravenswood Event Services focuses on community events, has a branch that focuses on entertainment and has the connections to bring outside sponsorship to help pay for the event. He also stated that any sponsorship solicited by Oak Brook will not be subject to the 20% sponsorship fee from Ravenswood Event Planning. that Discussion ensued. Motion by Trustee Carson, seconded by Trustee Moy to waive bids and hire Ravenswood Event Services at an estimated cost of $19,166 plus 20% of all sponsorship solicited by Ravenswood Services. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER — None B. VILLAGE CLERK Clerk Pruss thanked Bill Hudson, Darren Martens and Marcel Garcia for the installation of the hand railings in the Board Room. She also stated that she has applications for absentee ballots. C. TRUSTEES —None D. VILLAGE PRESIDENT President Craig discussed the article in the Daily Herald regarding the pensions he and his wife, Connie, have earned. He stated he is proud of the pensions he's earned and he is proud of his wife for her work over the years and they both worked very hard in dangerous situations and locations over the years. He wished everyone a prosperous new year. 12. 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 (2cl) and to discuss collective negotiating matters between the VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF JANUARY 11, 2011 public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees (2c2). Motion by Trustee Wolin, seconded by Trustee Moy to adjourn to closed session 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 (2cl) and to discuss collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees (2c2). ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. This meeting was adjourned to Closed Meeting at 8:11 pm. 13. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Wolin to adjourn the Regular Meeting of the Board of Trustees at 10:21 pm. VOICE VOTE: Motion carried. ATTEST: 4m� Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF JANUARY 11, 2011