Minutes - 03/08/2011 - Board of TrusteesMINUTES OF THE MARCH 8, 2011 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON APRIL 12, 2011.
1. 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 Stelios Aktipis, Mark Moy, Moin Saiyed,
Gerald Wolin, and Elaine Zannis.
ABSENT: Trustee James Carson (arrived at 9:22 pm).
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; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core
Director; and Mark Sterk, Village Attorney.
3.
President Craig recognized Eric Siwek, Nick Pfeiffer, Drew Harpin, and Dotane Farmer
for their heroic actions in saving the life of a near drowning victim on December 31, 2010.
Clerk Pruss read the following Resolutions of Appreciation:
A. RESOLUTION OF RECOGNITION — CITIZENS
Eric Siwek
Nick Pfeiffer
Drew Harpin
Dotane Farmer
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Resolution of
Recognition. VOICE VOTE: Motion carried.
B. RESOLUTION OF APPRECIATION — William Duff
C. RESOLUTION OF APPRECIATION — Randa Bishlawi
D. RESOLUTION OF APPRECIATION — Todd Rusteberg
Motion by Trustee Saiyed, seconded by Trustee Moy to adopt the Resolutions of
Appreciation. VOICE VOTE: Motion carried.
Clerk Pruss read the following Proclamations:
E. PROCLAMATION — SALT CREEK SCHOOL DISTRICT #48 — 1757-1
ANNIVERSARY
VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF MARCH 8, 2011
F. PROCLAMATION — AMERICAN RED CROSS
G. GFOA AWARD
President Craig presented the GFOA Award to Finance Director, Sharon Dangles.
RESIDENTNISITOR COMMENT
Resident Terry O'Malley thanked the Board for passing the resolution to allow the electric
aggregation referendum on the April 5a' ballot. He stated that he is available for any
questions that residents may have.
Resident Judy Lucas commented on the ethics ordinance and gave examples of what she
feels are violations of the ordinance.
Resident Tony Dicanio commented on the vote of no confidence taken by the Oak Brook
Police Department union members.
Resident Harry Peters stated that the vote of no confidence needs serious consideration.
He also stated that the Sky Bar should not be given a liquor license to operate as they have
been, as a night club.
Resident Jim Gannon praised the Police and Fire Department employees for their fine
work and stated that they should be protected as they protect Oak Brook.
Resident Michael Fortan stated Chief Sheahan is doing an excellent job and that the
Village needs to refute the actions of the Fraternal Order of Police.
Resident Joan Mullins stated the vote of no confidence is not something that the Board can
ignore. She also stated her concerns about a towing company being used by the Village.
Chief Sheahan responded to Joan Mullins concerns about Great Lakes Towing Company
and stated that they were removed from the rotating list.
Resident Baker Nimry stated that he would be very upset if the Village did not suspend
Sky Bar's liquor license immediately.
Resident Fred Cappetta commented on a mailing he received regarding allegations about
Police Chief Tom Sheahan. He also stated that the Village must disregard the police union
report on the vote of no confidence.
Resident Tom Mullins stated that he felt Fred Cappetta should not be on the Board of Fire
and Police Commission.
Resident Bill Lindeman commented on the solicitation of contributions by candidates
section of the ethics ordinance.
Resident Bob Sanford stated that the Board members should meet with the Police Chief
VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF MARCH 8, 2011
separately and the Command Staff separately, find out what the issues, are and try to
resolve them.
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 PAY PERIOD ENDING MARCH 4, 2011 —
$550,171.05
Significant Items included in Above:
1) Odelson & Sterk, Ltd. - Legal Services — January, 2011 - $36,183.10
2) Hervas, Condon & Bersani, P.C. - Legal Services - January, 2011 - $8,734.70
3) PirTano Construction — Payout # 10 — 2010 Water Main Replacement - $43,902.92
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING FEBRUARY 19, 2011 -
$675,344.70
C. COMMUNITY DEVELOPMENT REFERRALS
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS
1) 2011 ERP Paving Project
2) Commercial Water Meter Testing, Repair, and Replacement
3) Golf Course Commodities
4) Deicer Salt
F. BUDGET ADJUSTMENTS
G. ORDINANCES & RESOLUTIONS
1) Resolution 2011 - DUMM- LP -EXl -R -1084, A Resolution Adopting the 2011 Legislative
Positions of the DuPage Mayors and Mangers Conference
2) Ordinance 2011- LC -TA- LIMO -G -943, An Ordinance Establishing Requirements for
Issuance of a Limousine Driver's License and Amending Section 4 of the Village Code of
the Village of Oak Brook
3) Resolution R- 2011- BD -CL- MIN-EXl -R -1085, A Resolution Approving for the
Approval and Release of Closed Meeting Minutes
VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF MARCH 8, 2011
4) Ordinance 2011- BU -EXl -S -1304, An Ordinance Authorizing Transfers Among Budget
Line Items
H. 2010 WATER MAIN REPLACEMENT PROJECT— 35TH STREET (MEYERS RD
TO CASS CT) — NORTH HALF OF TIMER TRAILS SUBDIVISION —
SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES
WITH JAMES J. BENES & ASSOCIATES, INC.
I. INTERGOVERNMENTAL AGREEMENT WITH DUPAGE COUNTY FOR
MOWING ALONG COUNTY ROAD RIGHTS OF WAY
Motion by Trustee Wolin, seconded by Trustee Saiyed to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Carson
Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
6.E.1. 2011 ERP PAVING PROJECT
Trustee Wolin stated that the Village Board attended a Saddle Brook Homeowners
meeting over the weekend and that residents raised concerns over water main and paving
problems along 35th Street.
Public Works Director Michael Hullihan addressed the concerns raised by residents
regarding paving and water main projects along 35`1 Street. He stated that he is confident
the water main problems along 35a' Street have been remedied and that the paving
problems will be corrected.
Motion by Trustee Wolin, seconded by Trustee Aktipis to award a contract to the lowest
responsive and responsible bidder, James D. Fiala Paving Company, Bolingbrook, II.,
subject to staff review, for the 2011 ERP Paving Project based on the unit prices on the
attached bid tabulation, for an estimated total project price of $315,954.20.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Carson
Motion carried.
6.H. 2010 WATER MAIN REPLACEMENT PROJECT — 5TH STREET (MEYERS RD
TO CASS CT) — NORTH HALF OF TIMER TRAILS SUBDIVISION —
VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF MARCH 8, 2011
SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES
WITH JAMES J. BENES & ASSOCIATES, INC.
Motion by Trustee Wolin, seconded by Trustee Aktipis to approve the attached
supplemental agreement for construction engineering services with James J. Benes and
Associates, Inc. for the 2010 Water Main Replacement Project in the not -to- exceed
amount of $12,099.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Carson
Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS — None
9. UNFINISHED BUSINESS —None
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None
B. ORDINANCES & RESOLUTIONS
1)ORDINANCE 2011- PD -OF -G -944, AN ORDINANCE PROVIDING FOR
ADMINISTRATIVE ADJUDICATION TITLE SIX OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS
Presented by Trustee Moy. Trustee Moy stated that the Village Board voted on expanding
the Administrative Adjudication Hearing program to include Village ordinance violations
for retail theft and underage possession/consumption of alcohol in September, 2010.
Chief Sheahan stated that on average, 200 arrests are made per year on retail theft and
underage drinking. He also stated that expanding the Administrative Hearing process will
generate more revenue and limit the Police Officers' time spent in court. He further stated
that the extra revenue to the Village will be approximately $24,000.
Motion by Trustee Moy, seconded by Trustee Wolin to approve the Ordinance Authorizing
the Police Department to expand the Administrative Hearing Program for Ordinance
Violation Under Retail Theft and Underage Possession/Consumption of Alcohol.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Carson
Motion carried.
C. AWARD OF CONTRACTS — None
VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF MARCH g, 2011
D. NEWSLETTER REDESIGN
Assistant Village Manager, Blaine Wing, stated the Village is in the process of enhancing
the newsletter while reducing its costs. He recommends a total redesign of the newsletter
which includes the following:
• Better use of color
• Adjusting design to create an easier to read format
• Use of more photographs and graphics
• Formal advertising program
• Increase the number of articles
• Create an interactive electronic version
He stated that staff is recommending that these changes be effective with the summer 2011
newsletter.
Trustee Aktipis questioned the savings of $16,000 with the redesign and the costs
associated with the new design. Assistant Village Manager Wing stated that eventually the
Village will cover the cost of the newsletter and may generate revenue as well.
A resident asked for the staff time and cost to work on the newsletter. Assistant Village
Manager Wing stated he does not have that information and that work on the newsletter is
not tracked.
Trustee Zannis questioned what types of advertising will be allowed and how the process
will be set up. She also stated that she felt this printing job should be bid out. Assistant
Village Manger Wing stated that the bid process for all the Village's printing needs will be
conducted this fall.
E. UPDATE ON CURRENT POLICE ISSUES
Manager Niemeyer gave a brief update on the responses that were received from the U.S.
Attorney's Office in regards to the Sky Bar incident in November, 2010. Manager
Niemeyer stated that the U.S. Attorney's Office has made some progress on the Sky Bar
incident and will contact Chief Sheahan in the next few days.
Manager Niemeyer also gave a broad outline of the schedule and process for hiring
someone to look at the current police issues. He stated that he has been in contact with the
International Chiefs of Police Associaton and has received information on consultants who
can assist the Village with the review of current police issues. He also stated that Chief
Sheahan feels strongly that the police department is headed in the right direction and
welcomes any consultant to review the department.
Trustee Wolin stated that the Trustees have heard enough information to know that their
obligation is to take some action on current issues. He also stated that the Village should
interview people, such as the former Police Chief or Patrick Collins, to assist the Village in
resolving current issues. He stated that when the vote of no confidence was presented to
the Board, the information was very vague. He asked Manager Niemeyer if a follow -up
VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF MARCH 8, 2011
was done. Assistant Village Manager Wing stated that he spoke with the Police Union
Representative and is waiting for a response.
Trustee Moy stated that this is too important of an issue for an internal investigation or a
quick and rushed response.
Trustee Aktipis stated that he and Trustee Wolin were involved in the police union
negotiations seven months ago and that it was not mentioned then that there were problems
within the police department.
Trustee Saiyed disagreed and stated that problems and morale issues within the police
department have been previously mentioned have been discussed in closed session.
Trustee Wolin stated that these issues came to head after the Sky Bar incident and the
BGA report.
Trustee Zannis stated that she wants it on record that police department problems and
morale issues have not been discussed in closed session.
Chief Sheahan stated that he responded to every accusation and allegation truthfully and
feels that he does not need an attorney, but if this matter progresses, he will consult with
his attorney.
Trustee Aktipis also wanted to clarify that the Trustees do not hire the Police Chief, the
Village President does.
President Craig stated that everyone is entitled to due process and that is what the Village
Board is trying to do.
Discussion ensued.
F. ELECTRIC AGGREGATION REFERENDUM/COMED LEGISLATION
Trustee Wolin stated that the electric aggregation referendum on the April 5" ballot will
give the Village the authority to go out and negotiate prices on electricity from third party
suppliers for Oak Brook residents and small businesses. He also stated that third party
suppliers have been soliciting business through mailings. He further stated that residents
will have a choice to join the bulk buying of electricity or stay with ComEd. Finally,
Trustee Wolin stated that he encourages residents to vote for the referendum and that they
have nothing to lose and maybe something to gain.
President Craig stated that the wiring and infrastructure is still owned and maintained by
ComEd.
Manager Niemeyer stated that residents can now buy electricity from third party
companies. He also mentioned the mailings residents received from Constellation New
Energy.
VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF MARCH 8, 2011
G. UPDATE ON SKY BAR
Manager Niemeyer gave an update on the issues related to the Sky Bar that was discussed
at the February 28`I' Special Meeting with the Homeowners Association Presidents. He
stated that he and Attorney Mark SteTk met with the owners of the Sky Bar to discuss the
types of advertising the owners of the Sky Bar have been putting out, the floor plan
originally submitted not matching the current floor plan, fire alarm bill payment, and
liquor license classification. The owners of the Sky Bar have agreed to work with the
Village on all of these issues.
Reggie, the consultant for the Sky Bar, apologized for any advertising that has offended
anyone. He also stated that he is willing to have any marketing material for the Sky Bar
approved by the Village before it goes out. He also stated that the Sky Bar has a full
kitchen and menu and they do not cater outside food. He further stated that Sky Bar
complies with all Oak Brook rules.
Chief Sheahan stated that in a six month period, the Police Department has checked on the
Sky Bar 43 times and have not found anything inappropriate or illegal.
Trustee Zannis asked if a liquor license can be revoked and Attorney Sterk stated only if
illegal activity has taken place.
Trustee Wolin asked Reggie about a police report that was taken at the Sky Bar. Reggie
stated that what happened is not what was reflected in the police report.
Community Development Director Bob Kallien stated that since he has been with the
Village, no special inspections have been done to check the floor plan the Village
approved and that inspections are only done when there are modifications to an
establishment. He further stated that he and Manager Niemeyer will be implementing a
new process for periodic inspections.
Discussion ensued.
H. UPDATE ON FIRE PENSION DISABILITY
Fire Chief McEllin clarified the issue of fire pension disability. He stated since 1967, there
have been 83 firefighters hired by the Village. From 1967 to 1974, 10 have received a
duty disability and from 1975 -2011, 5 have received a duty disability. He further stated
that significant reasons that disabilities have decreased are as follows:
• Thorough hiring screening process implemented
• Higher emphasis on safety during training and emergencies
• Greater prevention of back injuries
• Apparatus bay ventilation system installation
• More thorough disability determination process
Trustee Moy stated that no Fire Department duty disability has been awarded in the last
four years and the Village is doing a very good job in preventing duty disabilities.
VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF MARCH 8, 2011
11. INFORMATION & UPDATES
A. VILLAGE MANAGER — None
B. VILLAGE CLERK
Clerk Pruss reminded everyone that is required by law to fill out the Economic Interest
Statements to do so and turn them in to the County by May 1, 2011. She also stated that
she has applications for Absentee Ballots and that Early Voting takes place from March
14th through March 3151. She further stated that there are 10 locations for early voting and
locations for polling places are available as well.
C. TRUSTEES
Trustee Zannis asked Manager Niemeyer to implement a system to better manage the time
for resident comments.
D. VILLAGE PRESIDENT —None
12. ADJOURN TO CLOSED SESSION 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 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)
Motion by Trustee Aktipis, seconded by Trustee Moy 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 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: 6 — Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carried.
This meeting was adjourned to Closed Meeting at 9:50 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy to adjourn the Regular Meeting of the
Board of Trustees at 11:02 pm. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF MARCH 8, 2011
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF MARCH 8, 2011