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Minutes - 02/24/2009 - Board of TrusteesMINUTES OF THE FEBRUARY 24, 2009 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON APRIL 28, 2009. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Clerk Pruss in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky and Gerald Wolin. ABSENT: President John W. Craig, Trustees Moin Saiyed and Robert G. Sanford. 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; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. Clerk Pruss asked for a motion to appoint a temporary chairman. Motion by Trustee Wolin, seconded by Trustee Carson, to appoint Trustee Kennedy as temporary Chairman. VOICE VOTE: Motion carried. 3. PRESIDENT'S OPENING COMMENTS A. PRESENTATION — GREATER OAK BROOK CHAMBER OF COMMERCE — BUSINESS RECRUITMENT PROGRAM Tracy Mulqueen of the Greater Area Chamber of Commerce addressed the Board reported that the Chamber had grown significantly and she thanked the Village for working closely and effectively with the Chamber to develop new initiatives to benefit residents and businesses. She presented the Business Recruitment and Retention Program planned for 2009 and 2010 which included relocation tours for executives, a link for office space listings of available office space, a relocation video to highlight the area for interested companies and during broker open houses, hotel tours for meeting planners, building fairs to encourage retention of current corporate tenants and an additional Chamber employee as Director of Business Recruitment and Retention to put forth this program. VILLAGE OF OAK BROOK Minutes Page 1 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 3. A. Village Manager David Niemeyer commented that the $30,000 had been allocated in the 2009 budget to support the Chamber's Business Recruitment and Retention program. He reminded the Board that in many communities the municipality itself had a staff person designated to do this type of program. Trustee Kennedy commented that the Chamber is a major asset to the Village due to the fact that it has a strong, active and vital Chamber of Commerce led by a dynamic CEO, in Ms. Mulqueen, of that Chamber. In addition he indicated that the Village housed a number of major developers who were very active in the chamber. 4. RESIDENTNISITOR COMMENT Resident Harry Peters addressed the Board regarding the Beautification Program and recognized its importance. He thanked Trustees Manofsky and Kennedy and staff for their efforts in advancement of the program. He confirmed with Manager Niemeyer that the money used for the beautification program came from the Hotel tax and could not be used for the general budget. Resident Al Knuth addressed the Board regarding the budget and the economy. He expressed concern that the budget was based on a flat sales tax revenue instead of a downturn in tax revenues and what he felt was not addressed in the budget. Manager Niemeyer responded that staff had made a number of significant changes in staffing which included reorganization of several departments, eliminating eight positions. The budget eliminated tuition reimbursement for employees, increased health insurance contributions for employees, well below average salary increases and a number of other cuts. He added that staff was currently monitoring revenues and discussing other cuts if the revenues do not meet expectations. Resident Baker Nimry addressed the Board asking whether it was legal or ethical for a Village employee to campaign for or against candidates for Trustee. Village Attorney Sterk responded that it was legal and ethical. Manager Niemeyer added that as long as it was done by the employee when he was not on duty it is not prohibited. 5. APPROVAL OF MINUTES — None presented. 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. VILLAGE OF OAK BROOK Minutes Page 2 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 i 6. A. ACCOUNTS PAYABLE FOR PERIOD ENDING FEBRUARY 20, 2008 - $785,936.38 SIGNIFICANT ITEMS INCLUDED IN ABOVE: 1) Legal Bills a) Hervas, Condon & Bersani, P.C. — January 31, 2009 - $2,145.00 2) Dupage Water Commission - $115,326.40 3) Trans Systems Corporation — Payout 41- 22 "d Street Roadway Lighting Project - $19,130.49 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING FEBRUARY 7, 2009 - $705,748.59 C. COMMUNITY DEVELOPMENT REFERRALS 1) VILLAGE OF OAK BROOK — TEXT AMENDMENT — MULTI - FAMILY AND SENIOR HOUSING 2) MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3 — FINAL PLAT — THREE -LOT SUBDIVISION — 2105 SPRING ROAD AND 1120 22ND STREET D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented. E. BUDGET ADJUSTMENTS — None presented F. TREASURER'S REPORT G. FINANCE DIRECTOR POSITION Motion by Trustee Manofksy, seconded by Trustee Carson, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8. BOARD & COMMISSION RECOMMENDATIONS 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented VILLAGE OF OAK BROOK Minutes Page 3 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 9. B. ORDINANCES & RESOLUTIONS — None presented C. AWARD OF CONTRACTS 1) GIS- ESRI SOFTWARE In conjunction with membership in the GIS Consortium, approved by the Village Board at its February 10, 2009 meeting, the following software purchases are needed. ArcInfo $9,900 ArcGIS Server $5,000 Total $14,900 ArcInfo is the workstation software that will be used by the GIS Specialist — Brittney Misialek (MGP staff) when working onsite at the Village. This software allows all changes and updates to be made to the GIS. ArcGIS Server is the software that will allow our Village staff to use MapOffice 2.0 to access all of the local Village of Oak Brook maps and data. Both of these software items are in the 2009 GIS Budget. Motion by Trustee Carson, seconded by Trustee Wolin, that the Village Board waive bidding, due to State Contract, and approve the purchase of GIS software from ESRI, Inc. in the total amount of $14,900, plus shipping costs. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. 2) TREE MAINTENANCE SERVICES This item was removed from the agenda for contract revisions. D. POLO OPERATIONS UPDATE On February 5, 2009, the Sports Core's current polo contractor, Don Healy, informed us that he was unable to continue negotiations to provide polo operations this season. Mr. Healy cited a lack of interest from his players to play here and a reduction of participation. VILLAGE OF OAK BROOK Minutes Page 4 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 9. Trustee Manofsky felt that this had to do with the current economy and she announced that this would be the end of Polo matches in Oak Brook. She reported that Polo had been played in Oak Brook for over 50 years. She also reported that staff had been contacted by Butler National Golf Course with an offer to rent this field. This option was being explored. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) RESOLUTION R -1032, A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO TAPES OF CLOSED MEETINGS OF THE VILLAGE OF OAK BROOK BOARD OF TRUSTEES r This item had been removed from the agenda. 2) ORDINANCE G -883, AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES Village Code requires that liquor licenses that increase the number of licenses in the Village of Oak Brook must be passed by ordinance. The Village is in receipt of a letter from Labriola Baking Company who currently carries an A -1 Liquor License for their restaurant, Labriola Bakery Cafe located at 3021 Butterfield Road, Suite 106 in the Promenade. As part of the establishment they have a retail bakery area for a variety of products, mostly bread. They are looking to add a B (package liquor sales) license to their current license. Village Code allows for an additional license with no application fee, but an additional $500.00 annual fee. If the Board approves this additional license, it will bring the number of B licenses from 9 to 10. Motion by Trustee Wolin, seconded by Trustee Manofsky, for passage of Ordinance G -883, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 10. C. AWARD OF CONTRACTS 1) POOL MANAGEMENT SERVICES In 2006 the Village privatized its aquatic facility management and lifeguard services. The selected vendor was and has continued to be Jeff Ellis Management, LLC (JEM). During this period of time, JEM has met or exceeded the Villages expectations for service. JEM continues to be the standard in the industry for lifeguard training and management. The term of the agreement will be from May 23, 2009 to September 7, 2009 (7 more days than last year). Previous agreements with JEM were in the amounts of $72,090.00 in 2006, $70,632.00 in 2007, and $70,060.00 in 2008. Trustee Manofsky commented that Jeff Ellis Management did a wonderful job. Motion by Trustee Manofsky, seconded by Trustee Carson, that the Village Board waive competeive bidding end approve a management services agreement in the amount of $79,500.00 with Jeff Ellis Management, LLC for the Sports Core aquatic facility for the 2009 swim season, subject to the Village Attorney's final review. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. 2) DEICER SALT For the past nineteen plus years, the Village had purchased deicer salt through the State competitive bidding process. In doing so, the Village takes full advantage of the State's considerable purchasing power and assures the lowest salt price. Accordingly, the State requires that a signed requisition be returned to them by March 16, 2009. Once the State hears from all interested agencies, specifications will be prepared and bids opened sometime in August or September. Once the low responsible bidder is identified and a contract awarded, the Village will be notified of the results and in turn will be requesting that a Purchase Order be issued to the successful bidder. The salt shortage and subsequent higher prices for the 2008/2009 season was exacerbated by a late letting of bids by the State in 2008. The Department of Central Management has moved up the deadline for submission of requisitions by one month to avoid a reoccurrence. Motion by Trustee Wolin, seconded by Trustee Carson, that staff be authorized to execute a Joint Purchase Requisition with the State of Illinois for the competitive bidding of deicer salt for the 2009 -2010 winter season. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 6 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 10. C. 2) Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. D. INTERGOVERNMENTAL DATA SHARING AGREEMENT - DUPAGE COUNTY This agreement replaces the existing arrangement under which the Village has been paying a monthly fee (currently $450 /mo) to receive various map products from DuPage County. Under the proposed agreement, the Village would no longer pay any fees to DuPage County for this service, since we would also be sharing our GIS map products with them. This Memorandum of Understanding has been reviewed by our Village Attorney and the GIS Consortium. Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board approve a Geographic Information System Data Sharing Memorandum of Understanding (MOU), dated February 24, 2009, between the Village of Oak Brook and DuPage County. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. E. ECLIPSE — SOCCER FIELD USE AGREEMENT The Sports Core has historically been the venue for a spring soccer tournament. The dates requested for this year's event are Friday, April 24, 2009 through Sunday, April 26, 2009. The Eclipse Select Soccer Club, Inc. (formerly the Hinsdale Hurricanes) has been the primary user of the Sports Core's soccer fields without incident and the owners of the soccer goals. The terms of the agreement have been changed from prior agreements to reflect a $500.00 increase in user fees ($4,500.00 to $5,000.00) and to reflect a change in the event's dates. Motion by Trustee Manofsky, seconded by Trustee Carson, that the Village Board approve a usage agreement with the Eclipse Select Soccer Club, Inc. for the use of Fields 2 and 3 located within the Sports Core for the purpose of hosting the 2009 Eclipse Select Spring Classic soccer tournament. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. VILLAGE OF OAK BROOK Minutes Page 7 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 10. F. 2008 SAFETY INCENTIVE PROGRAM Per the Village Personnel Manual, employees are rewarded for being safe throughout the year. The amount of the gift certificate that is awarded is based on the risk group categories that each position has been classified. During 2008, there were a total of 35 accidents /incidents that either required medical attention or where the damage was in excess of $100. After going through the Village's review process, 8 accidents /incidents were determined to be avoidable, thus disqualifying those employees from the 2008 Safety Incentive Program. As 2008 Safety Incentive Program's total award amount exceeds $10,000.00, I encourage the Village Board to review the provided background materials and approve the purchase of gift certificates in the amount of $25, $50 and $100 to employees who did not have an avoidable accident/incident during 2008. It should be noted that recommended amount is approximately $700 under budget. Additionally, staff is recommending that the Village discontinue the current Safety Incentive Program as outlined in the Village's Personnel Manual and acknowledge employees safe behavior via other cost effective means. If the Village Board agrees with this cost saving measure, employees would be informed that their safe behavior in 2009 would no longer be rewarded with monetary incentives. Trustee Wolin felt this was a very important program recognizing that injuries are very costly to the Village. Motion by Trustee Manofsky, seconded by Trustee Wolin, to approve the Village's safety incentives in the way of gift certificates in the amount of $25, $50 and $100 to employees who did not have an avoidable accident/incident during 2008. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Manofsky, and Wolin. Nays: 0 - None. Absent: 2 - Trustees Saiyed and Sanford. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER - None presented. B. VILLAGE CLERK- Clerk Pruss provided voter information on the upcoming municipal elections. C. VILLAGE PRESIDENT - None presented. D. TRUSTEES - Trustee Carson announced that information on Bath & Tennis Club membership will be available March 2. There will be a mailing on that date and it will be available on the Website. VILLAGE OF OAK BROOK Minutes Page 8 of 9 REGULAR MEETING OF FEBRUARY 24, 2009 e' 12. ADJOURN TO CLOSED MEETING to discuss minutes of meetings lawfully closed under the open meetings act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the open meetings act (2c21) The Closed Meeting was cancelled. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Carson, to adjourn the Regular Meeting of the Board of Trustees at 8:19 p.m. VOICE VOTE: Motion carried. ATTEST: t Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 9 of 9 REGULAR MEETING OF FEBRUARY 24, 2009