Minutes - 02/22/2011 - Board of TrusteesMINUTES OF THE FEBRUARY 22, 2011 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK APPROVED AS WRITTEN ON MARCH 22, 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 7:03
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 Stelios Aktipis, Mark Moy, Gerald Wolin,
and Elaine Zannis,
ABSENT: Trustees James Carson (arrived at 7:19 pm), and Moin Saiyed
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.
3. PRESIDENT'S OPENING COMMENTS
President Craig mentioned the recent departures of appointed officials, Randy Bishwai and
William Duff from the Library Commission, and Todd Rusteberg from the Citizens
Finance Advisory Commission. He stated that they will be recognized at the March 8,
2011 Board Meeting for all their efforts.
President Craig thanked Assistant Village Manager, Blaine Wing, for his selfless actions
during the recent blizzard. He also thanked any others that he may have missed.
4. RESIDENT /VISITOR COMMENT
Gary Bailey, Fraternal Order Of Police Labor Counsel, stated that the union membership
held a vote of no confidence on Police Chief Tom Sheahan. He also stated the vote was
taken with the best interest of the Village in mind.
Resident Stan Pruss stated that modern technology needs to be used more often at the
Board meetings.
Resident William Lindeman stated that President Craig served the Village of Oak Brook
for many years and asked President Craig to step down.
Mark Fleishman, previous resident and employee, thanked President Craig and other
Board members for recognizing the passing of his father and his service as a volunteer
firefighter for the Village of Oak Brook.
Attorney Douglas Drenk stated that he has been retained by residents of Oak Brook
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because of concerns they have with the Oak Brook Police Department not doing its job
investigating a domestic violence call. He also stated that his clients are concerned that the
public in Oak Brook does not know the background of people running for public office.
5. APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF JANUARY 20, 2011
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Special Board of
Trustees Meeting of January 20, 2011. VOICE VOTE: Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 25, 2011
Motion by Trustee Moy, seconded by Trustee Zannis to approve the amended Regular
Board of Trustees Meeting of January 25, 2011. VOICE VOTE: Motion carried.
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 PAYABLES:
1) For Period Ending February 9, 2011 - $149,964.93
2) For Period Ending February 18, 2011 - $1,445,058.58
Significant Items included in Above:
1) Hervas, Condon & Bersani — Legal Services — December, 2010 - $17,010.50
2) Clark, Baird, Smith, LLP — Legal Services — December, 2010 - $945.00
3) Odelson & Sterk, Ltd. - Legal Services — December, 2010 - $45,476.57
4) A.C. Pavement Striping Co. -Payout #3 & Final - 2010 Micro - Surfacing Project
— $22,152.00
5) DuPage Water Commission - January 31, 2011 - $153,682.83
B. APPROVAL OF PAYROLLS:
1) For Pay Period Ending January 22, 2011 - $667,282.54
2) For Pay Period Ending February 5, 2011 - $648,157.19
C. COMMUNITY DEVELOPMENT REFERRALS —None
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
1) Police Study
2) Aquatic Facility Infrastructure Study
3) Old Butler School East End Wall Reconstruction
E. AWARD OF CONTRACTS
1) Utility Locate Service
2) Sport Core Field 3 Usage — Eclipse Select Soccer Club Tournaments
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3) 2011 Water Main Replacement Project — South Half of Timber Trails Subdivision
Professional Services Agreement for Construction Engineering with James J.
Benes & Associates, Inc.
4) 2011 Water Main Replacement Project— Martam Construction Inc.
5) 2011 Miscellaneous Paving Project - Professional Services Agreement — Design
and Construction Engineering
6) Aerial Mapping Services — Ayres Associates, Inc
7) Aquatic Facility Management Services Agreement
F. BUDGET ADJUSTMENTS —None
G. ORDINANCES AND RESOLUTIONS
1) Ordinance 2011 -PP -S -1303, An Ordinance Authorizing the Sale Through
Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal
Property Owned by the Village of Oak Brook
H. 2010 FOURTH QUARTER HOTEL/MOTEL TAX RECEIPTS
I. 2010 WATER MAIN REPLACEMENT PROJECT — 35TU STREET (MEYERS ROAD
TO CASS CT.) — NORTH HALF OF TIMER TRAIL SUBDIVISION — CHANGE
ORDER #5
MONTHLY TREASURER'S REPORT — JANUARY 31, 2010
K. 2011 COOK COUNTY DATA REQUEST AGREEMENT FOR ACCESS TO
GEOGRAPHICAL INFORMATION SYSTEM
Motion by Trustee Wolin, seconded by Trustee Moy to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 —None
Absent: I — Trustee Saiyed
Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA
Item 6.E.1 — Utility Locate Services
Trustee Aktipis asked for clarification of the cost savings of outsourcing utility locate
services. Village Manager Niemeyer stated to keep in -house costs $140,000 and to
outsource costs $100,000.
Motion by Trustee Aktipis, seconded by Trustee Zannis to authorize staff to award a
contract to Unites States Infrastructure Company for utility locating services in an amount
not to exceed $100,000.
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ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: I — Trustee Saiyed
Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS — None
UNFINISHED BUSINESS — None
a
ACTIVE BUSINESS
10. A. CONFIRMATION OF APPOINTMENTS — None
B. ORDINANCES & RESOLUTIONS —None
C. AWARD OF CONTRACTS
1. SPORTS CORE BUILDING USAGE— ECLIPSE SELECT SOCCER CLUB
Presented by Trustee Carson. Trustee Carson stated that the current renter of the Sports
Core Admin building, The Chicago Red Stars, has disbanded and will no longer rent the
Sports Core Admin building. Eclipse Select Soccer Club, who is the heaviest renter of our
fields, has offered to take over the rental agreement.
Sports Core Director, Trey VanDyke, stated that the Village has a strong relationship with
the Eclipse Select Soccer Club. He stated that they are the biggest users of our fields,
paying the Village over $40,000 last soccer season. He also stated that this will strengthen
the Village's relationship with Eclipse Select Soccer Club.
Motion by Trustee Carson, seconded by Trustee Aktipis to waive bidding and approve a
Letter of Understanding with the Eclipse Select Soccer Club (pending approval of the
Village Attorney) for the usage of the Sports Core Administration Building for a period
beginning March 16, 2011 and ending March 15, 2012.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 —None
Absent: 1 — Trustee Saiyed
Motion carried.
D. BGA RECOMMENDATIONS
Presented by Manager Niemeyer. Manager Niemeyer stated that the Better Government
Association (BGA) posted on their website recommendations for the Village to consider.
He recommends that the Village board direct him to develop a procedure that would allow
two Trustees to place an item on the agenda and require staff to disclose in writing to the
Village Board the involvement of any elected official in the review or recommendation of
any Village contract and the nature of the involvement. He also stated that most of the
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recommendations deal with concerns of ethics and disclosures. He further stated that a
couple of years ago, the Village developed and approved one of the strongest ethics
ordinances in the Chicagoland area.
Trustee Wolin motioned to adopt the two recommendations made by Manager Niemeyer
and Trustee Aktipis seconded.
Trustee Zannis modified the motion. Trustee Zannis stated that the Village Board should
adopt an ordinance, not just recommendations. She also stated that in her previous term,
Trustees were not allowed to place items on the agenda.
Attorney Mark Sterk stated that he will draft an ordinance and suggested that it states two
Trustees can place items on the agenda. He also stated allowing three Trustees to place
items on the agenda can interfere with the Open Meetings Act.
Trustee Aktipis stated that the Village needs to establish uniformity and the ordinance will
accomplish that.
Trustee Zannis then discussed the issue of elected officials in Oak Brook soliciting
campaign contributions from the business community. She suggested a multi community
task group be created to discuss this issue in order to create reform. She stated the issue of
the Village President also being the Liquor Commissioner, as outlined by State Law,
should be discussed in this task group.
Trustee Wolin stated that the issue of employees speaking out about any wrong doing,
without fear of reprisal, should be added. He also stated that he will mention this at the
next DuPage Mayors and Managers meeting to see if there is any interest.
Trustee Aktipis asked Attorney Sterk if the Whistle Blower Statute applies to Oak Brook.
Attorney Sterk stated yes.
Attorney Sterk stated that some of the recommendations that the BGA made go against
State and Federal law.
Trustee Moy stated that transparency will allow the public to be aware of where the
donations to public officials are coming from. He stated that this information is available
on the internet.
Discussion insued.
Motion by Trustee Wolin, seconded by Trustee Aktipis to direct the Village Attorney to
draft an ordinance that would allow two Trustees to place an item on the agenda.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
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Absent: I —Trustee Saiyed
Motion carried.
E. WORKERS' COMPENSATION INFORMATION — DISCUSSION ONLY
Assistant Village Manager, Blaine Wing, gave a PowerPoint presentation on workers'
compensation information. The presentation explained the different types of workers'
compensation benefits, what the Village is doing to reduce workers' compensation claims,
how the Village compared to other municipalities in 2010, and a quick look at the
Villages' experience since 2005.
Trustee Moy stated that who the employee follows up with is vital in managing after care
costs. He also stated that light duty is very customary today. He also congratulated Blaine
Wing on a job well done.
Trustee Aktipis stated that the improvements from 2009 are spectacular and credit is due to
those who helped make it happen.
F. EMPLOYEES ON DISABILITY — DISCUSSION ONLY
Presented by Trustee Aktipis. Trustee Aktipis stated that Rick Reimer, Attorney for the
police and fire pension board will answer questions about permanent disability. He also
stated that we need to focus our attention on preventing permanent disability.
Attorney Reimer stated that Articles 3 and 4 of the pension code in the State Statute cannot
be modified or amended by a municipality. He stated that in order for a police officer or
firefighter to receive a disability pension, the only prerequisite is the evaluation by three
doctors chosen by the pension board. He stated over the years, the process the pension
board approves an application for permanent disability has evolved. The board no longer
just takes the applicants word for it. He also stated that pension boards do not take
medical records from the applicants. The pension board asks the applicant to sign a form
allowing the board to get medical records directly from the doctor for full disclosure. He
also stated that the pension boards subpoena workers' compensation files from the
employers as well. He further explained the process of approving permanent disability
applications from police officers and fire fighters, explained Articles 3 and 4 of the
pension code, and answered questions that the Village board has asked staff regarding
employees on disability.
Attorney Mark Sterk asked Attorney Reimer to explain how the pension board members
are selected. Attorney Reimer stated there are 5 members, 2 who are elected among the
active police officers and firefighters, I is a disabled police officer or firefighter, and 2 are
appointed by the Village President. They serve a 2 year term on the police side and a 3
year term on the fire side.
Attorney Reimer also explained how the pension funds are funded by the police officers
and firefighters, taxes, and investment performance. Attorney Mark Sterk stated that State
Statute dictates how the funds are invested.
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Trustee Zannis asked Assistant Village Manager Wing for additional information on the
number of employees collecting total disability relative to the total number of employees,
in comparative towns, and total disability budget relative to departmental budgets.
Manager Niemeyer stated that the Village conducted a survey of comparable towns and
information from some towns is still pending.
G. FREEDOM OF INFORMATION ACT REQUESTS — DISCUSSION ONLY
Assistant Village Manager, Blaine Wing, presented a brief PowerPoint presentation
explaining the current FOIA law, how the Village responds to requests, and report on the
2010 requests as well as the numerous requests that were already filed during 2011.
Assistant Village Manager Wing stated that the PowerPoint presentation will be posted on
the Village website.
A resident asked if there is a statute of limitation on when a person can request
information. Assistant Manager Wing stated no. The resident also asked about Village
document retention and Assistant Manager Wing explained how the state statute on
document retention works.
Attorney Sterk stated that before a municipality can destroy a document, the Illinois
Secretary of State must approve the disposal.
Trustee Moy stated FOIA's have become a financial burden to municipalities. He also
stated that he would like staff to keep track of the top 5 requestors. He also stated that
there are abuses to the system that Springfield needs to address.
Manager Niemeyer reminded the Board that the full -time FOIA Clerk position was
eliminated 2 years ago and was replaced by a part-time position and that many employees
have been assisting in FOIA requests in the past month. He also stated that FOIA law
issues have gotten the attention of DuPage Mayors and Managers they are trying to form
legislation to address the issues.
Trustee Aktipis shares the concerns of other Trustees and suggested that the high amount
of FOIA requests this year can be due to the election season and perhaps will start tapering
down after the election.
Attorney Sterk stated the Village has not denied any FOIA requests to date.
Trustee Zannis stated that the time spent on FOIA requests and cost should be posted on
the Village website along with the FOIA request.
Discussion ensued.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer stated that the Village has started posting FOIA requests and current
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contracts on the website. He also stated the Village's employee costs will be posted on the
website soon.
B. VILLAGE CLERK
Clerk Pruss reminded everyone that there are 5 employees at the Village that can register
residents to vote, the next consolidated election is April 5`h, early voting sites are on the
website, economic interest forms are due by May I", and she thanked all employees on a
job well done during the storm.
C. TRUSTEES
Trustee Zannis addressed the vote of no confidence and spoke of the morale, and past and
current activity at the Police Department. She asked to see the roster for the vote of no
confidence in order to begin an analysis. Trustee Zannis requested to know the date and
the tally of the vote. She further stated that employees should be able to voice their
complaints safely with no fear of retribution or retaliation.
Trustee Aktipis stated that it is important to evaluate the credibility of the vote of no
confidence and asked for the process procedure of the vote.
Trustee Wolin suggested that Manager Niemeyer ask Gary Bailey to interview police
officers and ask them what their specific concerns are which in turn led to the vote of no
confidence. He also stated that the concerns should remain anonymous because of fear of
retribution.
Attorney Sterk stated that he will provide transcripts of police contract negotiations that
will show no police officers complained about Chief Sheahan.
Trustee Moy stated that the vote of no confidence came out of the blue and needs more
information from all parties involved.
Discussion ensued.
D. VILLAGE PRESIDENT
President Craig congratulated and thanked everyone for their fine performance during the
storm.
12. ADJOURN TO CLOSED MEETING To discuss 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 consider 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).
Motion by Trustee Zannis, seconded by Trustee Moy to discuss the appointment,
employment, compensation, discipline, performance, or dismissal of specific employees of
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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 consider 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, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
This meeting was adjourned to Closed Meeting at 9:37 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy to adjourn the Regular Meeting of the
Board of Trustees at 11:32 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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