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Minutes - 01/12/2010 - Board of Trustees2. 3. MINUTES OF THE JANUARY 12, 2010 REGULAR MEETING OF ypt Ui U� *Bqo THE PRESIDENT AND BOARD OF TRUSTEES OF THE A 9 VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON -~ AUGUST 10, 2010 i CALL TO ORDER The Regular 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 7:04 p.m. The Pledge of Allegiance was given. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees Stelios Aktipis, James Carson, Mark Moy, Moin Saiyed, Gerald Wolin and Elaine Zannis. 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; Sharon Dangles, Acting Finance Director; Thomas McEllin, Fire Chief; Sue Madorin, Acting Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. PRESIDENT'S OPENING COMMENTS President Craig stated that agenda items 5A and 5B would be removed from tonight's agenda. President Craig asked Assistant Manager Wing to speak on the Village's behalf regarding the upcoming Oak Brook Half- Marathon. Assistant Manager Wing stated that the Director, Tom Hepperle, from the Half - Marathon group was here to give a presentation regarding the marathon. Tom Hepperle, Director from the Half- Marathon group, gave a brief presentation stating that the marathon was a big success. Tom Hepperle further stated that the participation in the race was up 25% from last year. He continued to state that the race was well represented from the Western suburbs and from the State, the very people we want to bring to the Village to visit and to participate in what the Village has to offer. He went on further to state that the race is to support their official VILLAGE OF OAK BROOK Minutes Page 1 of 12 REGULAR MEETING OF JANUARY 12, 2010 El 5. A charities, The Ronald McDonald House Charities of Chicagoland and Northwest Indiana, Oak Brook Historical Fund and a number of charity groups that help in the event and received donation for their participation. The Ronald McDonald House Charities of Chicagoland and Northwest Indiana will continue to be the official sponsor for next year's event and we will also continue our policy of having a local community group as an official charity to also benefit from this event. Tom Hepperle ended his presentation by thanking the Village of Oak Brook for their continuous support of the marathon and also thank you to all the local businesses who supported the race. RESIDENTNISITOR COMMENT - None APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of June 23, 2009 — Removed from the agenda B. Regular Board of Trustees Meeting of July 28, 2009 — Removed from the agenda 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 1) Ratification of Period Ending December 30, 2009 - $ 837,080.35 Significant Items included in Above: a. Legal Bills 1) Hervas, Condon & Bersani, P.C. — Legal Services — November, 2009 - $39.00 2) Odelson & Odelson & Sterk, Ltd. — Legal Services - November, 2009 - $27,891.25 b. James J. Benes & Associates, Inc. — Payout #6 - Timber Trails — W.M. Design - $17,188.91 c. DuPage Water Commission — November, 2009 - $120,914.22 d. McGrath consulting Group Inc. — Consulting Services for Fire Dept. Study - $14,200.00 e. K -Five Construction — P.O. #4 and Final 2009 Paving - $1,000.00 2) Period Ending January 8, 2010 - $317,179.83 VILLAGE OF OAK BROOK Minutes Page 2 of 12 REGULAR MEETING OF JANUARY 12, 2010 B. Approval of Payroll 1) Pay Period Ending December 12, 2009 - $ 706,783.46 2) Pay Period Ending December 26, 2009 - $648,742.91 C. Community Development Referrals D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2010 Water Main Replacement Project — 35`" Street (Meyers Rd. to Cass Ct.) — North Half of Timber Trails Subdivision 2) Golf Course Maintenance Equipment 3) Golf Course Commodities E. Budget Adjustments F. Ordinances & Resolutions 1) Ordinance 2010- LC -AL -G -913, An Ordinance Amending Title 4, Chapter], Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor License 2) York Road Development Partners, LLC -1800,1802 and 1806 York Road — Map Amendment -Text Amendment - Special Use - Variation in Order to Construct a Medical Office Building a. Ordinance 2010- ZO -TA -G -914, An Ordinance Amending Section 13- 10E-2 of the Zoning Ordinance to Permit Medical Offices as a Special Use in the 0 -4 District b. Ordinance 2010- ZO- MA -EXl -S -1274, An Ordinance Rezoning and Granting a Map Amendment on the Property commonly Known as 1800, 1802 and 1806 York Road in the Village of Oak Brook c. Ordinance 2010- ZO- MA -EXI -S -1275, An Ordinance Approving a Special Use and Variations for Development of a Medical Office Building on the Property Commonly Known as 1800, 1802 and 1806 York Road in the Village of Oak Brook VILLAGE OF OAK BROOK Minutes Page 3 of 12 REGULAR MEETING OF JANUARY 12, 2010 3) Ordinance 2010- ZO -TA -G -915, An Ordinance Amending Sections 13 -7 -3B, 13 -7A.2, 13-7B.2,13-7C.2 and 13 -7D.2 of the Zoning Ordinance 4) Ordinance 2010- ZO -TA -G -916, An Ordinance Approving A Text Amendment to Chapter 11 (Sign regulations) of the Zoning Ordinance of the Village of Oak Brook G. Monthly Treasurer's Report — November 30, 2009 H. Proposed 2010 Salary Plan and Salary Administration Policy I. 22 °d Street (Butterfield Road — Route 83) Water Main Relocation Professional Services Agreement J. Professional Services Agreement with James J. Benes Inc. for Construction Engineering for the 2010 Water Main Replacement Project K. Golf Merchandise for Resale L. Sports Core Field 3 Usage — Eclipse Select Spring Classic Agreement M. Appointment of Village of Oak Brook's Illinois Freedom of Information Act Officers Trustee Aktipis stated to have Item 6H removed from the Consent Agenda. President Craig requested a motion for the Consent Agenda Motion by Trustee Saiyed, seconded by Trustee Zannis, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0- None Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA CONSENT AGENDA: 6.1-1. Proposed 2010 Salary Plan and Salary Administration Policy VILLAGE OF OAK BROOK Minutes Page 4 of 12 REGULAR MEETING OF JANUARY 12, 2010 Trustee Aktipis stated that recently the newspapers have been reporting on all the difficulties that municipalities are having in these trying times. Trustee Aktipis further stated that the Board is paying all of the bills without imposing a real estate tax, and many of the residents do not realize that the Village depends on other resources to pay the Village's bills not on real estate taxes like most communities. Trustee Aktipis stated that the Board will be approving a plan tonight regarding the Salary Plan and Salary Administration Policy that will affect the Village employees and keep the Village within a balanced budget. He continued to state that the Board plans to reduce the current budget by 5 %, for next year's budget. He stated that employees will receive a zero percent (0 %) increase in Cost of Living and zero percent increase (0 %) in Merit Pay in their salaries for the year of 2010, but some employees will receive some adjustment in their salaries based on the longevity pay provision plan and there will be no new hire of employees without first approval from Village Manager and approval by the majority of the Village Board. Motion by Trustee Aktipis, seconded by Trustee Wolin, to approve a zero percent (0 %) Cost of Living Adjustment (COLA), amending the Merit Pay compensation percent range to zero percent (0 %) for 2010, a continuation of the existing longevity pay, and to implement a revised policy to fill non - essential employee vacancies. Further, Trustee Aktipis move to approve Ordinance S -1276, "An Ordinance Approving The 2010 Salary Plan and Salary Administration Policy for Non - Represented Employees of the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain 0 - None Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS — None presented 9. UNFINISHED BUSINESS — None presented 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Administrative Hearing Officer RFQ President Craig asked Village Manager Niemeyer to present the Administrative Hearing Office request for proposal VILLAGE OF OAK BROOK Minutes Page 5 of 12 REGULAR MEETING OF JANUARY 12, 2010 Village Manager Niemeyer stated, previous to the request for proposal the Board approved the creation of an administrative hearing process for the purpose of adjudication towing matters. Village Manager Niemeyer further stated that the Village received six proposals, which he and Village Attorney Sterk reviewed. Through the process they interviewed the two firms that had the most experience with other towns, David Eterno and John Toscas. Their recommendation to the Board is to approve the appointment of John Toscas as the Administrative Hearing Officer. Motion by Trustee Zannis, seconded by Trustee Wolin, to approve the appointment of John Toscas as Administrative Hearing Officer. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 - None Absent: 0 - None. Motion carried. B. Ordinances & Resolutions 1) Ordinance 2010- SC -EXI -G -917, An Ordinance Adopting a Comprehensive Amendment to Title 12, Entitled, "Recreational Facilities", of the Village Code of the Village of Oak Brook, Illinois Trustee Carson stated Trey Van Dyke, Sports Core Director, will review some of the changes to the Sports Core which is normal procedure from year to year with updating of fees and procedures. Trustee Carson further stated with regards to the banquet facilities there is some adjustment with the paralleling of the agreement with Callahan; there will be monthly meeting to make adjustments to the agreement as feedback is received from the community. He stated that this agreement is a work in process, but Trey Van Dyke, Sports Core Director, will speak on the upcoming changes to the Sports Core. Trey VanDyke, Sports Core Director, stated that it is customary to review these documents and bring them forward so they can start working on their brochures and advertising material. Trey Van Dyke further stated that there are very few changes from 2009, one being housekeeping and change of the age of individuals being included under "Unlimited Bath and Tennis Membership — Individual" from twenty - one to thirteen. He stated that at the Golf Club will use technology to issue gift certificates to make them a little bit more equitable on how they are issued, also making more consistencies on the golf course rate, with a special rate in the late fall, and early spring. Trey VanDyke further went on to list the additional changes to Sports Core procedures and fees. VILLAGE OF OAK BROOK Minutes Page 6 of 12 REGULAR MEETING OF JANUARY 12, 2010 Motion by Trustee Carson, seconded by Trustee Aktipis, for passage of Ordinance G- 917, An Ordinance Adopting a Comprehensive Amendment to Title 12, Entitled, "Recreational Facilities ", of the Village Code of the Village of Oak Brook, Illinois with three revisions, to reinstate the one hundred dollar early bird discount, two guest passes and the referral fee. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 - None Absent: 0 - None. Motion carried. C. Award of Contracts 1. Library Books (Adult and Youth), Audio Books, DVDs, CDs and other Audio visual Materials Trustee Saiyed stated that this is routine in nature and by taking advantage of the cooperative purchasing arrangement negotiated by DuPage Library System the library receives a greater discount. Motion by Trustee Saiyed, seconded by Trustee Aktipis, that the Village Board waive bidding and issue purchase orders for books and non -print media to Baker and Taylor, Brodart and Ingram, taking advantage of the cooperative purchasing arrangement negotiated by DuPage Library System with major book jobbers. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 -None. Abstain: 0 — None. Absent: 0 - None. Motion carried. Motion by Trustee Saiyed, seconded by Trustee Zannis, that the Village Board waive bidding due to sole source for `library-use ready' audio books and issue purchase orders to Recorded Books, Random House and BBC Audiobooks. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 - None Absent: 0 - None. Motion carved. Trustee Wolin stated that in talking about things like sole sourcing and preferred providers he does not want people to get the implication that the Village is not getting competitive pricing, which all of these have discounts ranging from 15% to 45 %, and have been negotiated through buying consortiums with very good prices. VILLAGE OF OAK BROOK Minutes Page 7 of 12 REGULAR MEETING OF JANUARY 12, 2010 Motion by Trustee Saiyed, seconded by Trustee Aktipis that the Village Board waive bidding due to being a preferred provider and issue a purchase order to Midwest Tape for the supply of DVDs and CDs. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carried. Motion by Trustee Saiyed, seconded by Trustee Wolin that the Village Board waive bidding due to sole source and issue a purchase order to Scholastic Library Publishing for the supply of Grolier Books. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 —None. Absent: 0 - None. Motion carried. D. Village /Park District Partnership Trustee Saiyed reported that like with the Sports Core they have been meeting with the Park District elected officials and staff to discuss ideas on how the two agencies can partner together on various matters that benefit both organizations and the community. He stated that the initial discussions have included topics such as joint programming, joint memberships for the Park District fitness facility and the Sports Core, coordinating the timing of special events and the sharing of equipment and expertise. Trustee Saiyed requested that Dave Niemeyer, Village Manager, to speak regarding this matter and what the Village is trying to achieve. Dave Niemeyer, Village Manager, stated that when local governments are struggling to do more with less, that it is important to find partners in which villages can work with and each partner can benefit from each other and also the community will benefit; the Oak Brook Park District is a good example of this. Trustee Carson stated that in the past the Village and the Oak Brook Park District have not always worked well together, so this is very exciting to see the two entities come together to benefit the community. Trustee Aktipis stated that Frank Trombetta, a member from the Oak Brook Park District, was present. President Craig invited Frank Trombetta to speak about the partnership. VILLAGE OF OAK BROOK Minutes Page 8 of 12 REGULAR MEETING OF JANUARY 12, 2010 Frank Trombetta, a member of the Oak Brook Park District, stated that he had the pleasure of representing the Oak Brook Park District along with the President of the Oak Brook Park District Board, Kathy Carson, and they are all in agreement to join forces to work together for the betterment of the community. Trustee Carson stated that the reason for the committee was to come up with a mission statement on how these two entities can work together for the betterment of the community. Trustee Saiyed read the following mission statement: The Village of Oak Brook and the Oak Brook Park District both value finding ways to improve services and efficiencies to Oak Brook residents and other members of our community. The agencies desire to review ideas in which each partner can assist the other partner in implementation of their respective services. Sharing of resources, coordination of events and joint endeavors that will improve services will be explored. Each agency will continue to operate separately. Trustee Aktipis requested the Board to express a vote to this mission statement. Motion by Trustee Saiyed, seconded by Trustee Aktipis, to adopt the mission statement. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carried. Trustee Zannis stated that a vote was never taken on Item 3A, the Oak Brook Half - Marathon and inquired whether a vote should it be taken at the end of this agenda or be moved to the next agenda. David Niemeyer stated it would be put back on the next agenda under the Consent agenda. E. Rasmussen College /Oak Brook Regency Towers Incentives Trustee Zannis stated that one of the endeavors of the Board is to recruit new businesses and retain local business in Oak Brook. She stated that one of the new businesses looking to relocate to Oak Brook is Rasmussen College. Trustee Zannis explained the incentive package that was being offered to Rasmussen College to relocate to Oak Brook. Motion by Trustee Zannis, seconded by Trustee Wolin, to authorize staff to enter into a redevelopment agreement with Rasmussen College and include the incentives in the December 28, 2009 letter to CB Richard Ellis. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 9 of 12 REGULAR MEETING OF JANUARY 12, 2010 Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carried. Motion by Trustee Zannis, seconded by Trustee Aktipis, to authorize staff to cap permit fees at $7,500 for Regency Towers' relocation of tenants due to Rasmussen College's move to the Towers. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carried. F. Hotel Incentive Program Trustee Saiyed asked that Dave Niemeyer, Village Manager, speak regarding this matter. Village Manager Niemeyer explained the Incentive Program for 2010. Motion by Saiyed, seconded by Trustee Aktipis to approve the program for 2010. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carved. INFORMATION & UPDATES A. Village Manager —None presented. B. Village Clerk Clerk Pruss reminded resident of the upcoming election. C. Trustees Discussion regarding the sales tax upward trend. D. Village President hotel incentive VILLAGE OF OAK BROOK Minutes Page 10 of 12 REGULAR MEETING OF JANUARY 12, 2010 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 ), 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) and The purchase or lease of real property for use of the public body, including meetings held for the purpose of discussion whether a particular parcel should be acquired (2c5). Motion by Trustee Aktipis, seconded by Trustee Wolin, 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 (2cl ), 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) and The purchase or lease of real property for use of the public body, including meetings held for the purpose of discussion whether a particular parcel should be acquired (20). ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Absent: 0 - None. Motion carried. The meeting was adjourned to Closed Meeting at 8:41 p.m. 12. ADJOURNMENT Motion by Trustee Zannis, seconded by Trustee Saiyed, to adjourn the Regular Meeting of the Board of Trustees at 11:12 p.m. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 11 of 12 REGULAR MEETING OF JANUARY 12, 2010