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Minutes - 03/22/2011 - Board of TrusteesMINUTES OF THE MARCH 22, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 26, 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, James Carson, Mark Moy, and Gerald Wolin. ABSENT: Trustees Moin Saiyed (arrived at 7:22 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; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Mark Sterk, Village Attorney. ADJOURN TO CLOSED MEETING 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). Motion by Trustee Wolin, seconded by Trustee Carson to adjourn to close meeting 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: 4 — Trustees Aktipis, Carson, Moy, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 2 — Trustees Saiyed and Zannis Motion carried. This meeting was adjourned to Closed Meeting at 7:07 pm. RECONVENE The Regular Board of Trustees meeting was reconvened at 7:17 pm. 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, and Gerald Wolin. VILLAGE OF OAK BROOK MINUTES Page I of 10 REGULAR MEETING OF MARCH 22, 2011 ABSENT: Trustees Moin Saiyed (arrived at 7:22 pm) and Elaine Zannis. PUBLIC WORKS UNION CONTRACT Presented by Trustee Wolin. Trustee Wolin stated that the Public Works union contract is good for the Village and employees and negotiations went very smoothly. Trustee Wolin complemented all who participated in the negotiation process. Trustee Aktipis stated he is very pleased that the negotiation process went smoothly and thanked all who participated. He also stated that the current Board has resolved three union issues and is working on resolving the forth. Motion by Trustee Wolin, seconded by Trustee Aktipis to approve the agreement between the Village of Oak Brook and the International Union of Operating Engineers Local 150. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. 3. PRESIDENT'S OPENING COMMENTS President Craig stated that he will be making a very important announcement at the end of the week. President Craig reported that last week he received notice that the Village won an appellate court decision holding that the police sergeants are supervisors under Illinois law and reversing the labor board's order certifying the sergeants as a bargaining unit. Clerk Pruss read the following Proclamations: A. PROCLAMATION — NATIONAL LIBRARY WEEK B. PROCLAMATION — EARTH HOUR 2011 4. RESIDENTNISITOR COMMENT IT Manager, Jim Fox explained the new solution for limiting residential comments to five minutes. Resident Alan Hanzlik commented on the property on 35s' and Cass Avenue. He stated the annexation of the property to Westmont will negatively impact the property values of Oak Brook residents near that area. Trustee Aktipis stated that Oak Brook residents' interests should be protected in regards to the annexation of the property to Westmont. Trustee Moy stated that a motion to rescind the ordinance that approved the annexation is on tonight's consent agenda. VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF MARCH 22, 2011 Trustee Wolin stated that there is still a question on whether or not the Village can enforce rescinding the ordinance. Trustee Saiyed stated that Oak Brook and Westmont will meet on April 4'", to discuss the matter further. Retired Police Officer, Mark Delise, commented on the Police Department morale and leadership. Reggie Benjamin from the Sky Bar stated that he does not work for Sky Bar and is a consultant that represents the establishment. Trustee Wolin asked Reggie who is the owner of Sky Bar. Reggie stated the owner is Vito Calvallo. Resident Sue Sanford commented on the Board of Fire and Police Commission (BFPC) responsibilities and duties and comments made at the last Board of Trustees meeting by Fred Cappetta. She stated the Village Board must step up and resolve the issues that led to the vote of no confidence in the Police Department. Resident John Barr commented on the BFPC and comments made by Fred Cappetta. He stated that the vote of no confidence needs a thorough assessment by an outside consultant. He also commented on anonymous slanderous mailings and postings residents have received. Resident Harry Peters asked if the Sky Bar is in violation of Village code. Manager Niemeyer stated no. Harry Peters stated he is bewildered that the Board is not tougher on enforcing all Village ordinances. Resident Al Knuth commented on the Sky Bar liquor license issue and suggested the Board investigate before renewing its license in June. Resident Cathy Giangrasse commented on the annexation of property located at 35I' Street and Midwest Road and stated many residents would like it to remain open space. Resident Bill Lindeman stated that he famished the Board with a handout regarding Reggie Benjamin and dealings he had with the Village of Downers Grove. He also stated that the Board is coddling the Sky Bar and the Board must not allow the establishment to continue to do business in Oak Brook. Manager Niemeyer again stated the Sky Bar is in compliance with all Village Ordinances and that the Board does not have the authority to end their liquor license before June. Attorney Mark Sterk stated the owners of the Sky Bar have not changed, but the name of the establishment changed. He also stated because of the volume and nature of Mr. Lindeman's FOIA requests, the Village response is taking longer than usual. VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF MARCH 22, 2011 Resident Asif Yusif asked the Board to restore the liquor license responsibilities and functions to the Village Clerk. Attorney Sterk stated that the liquor license application process was given to the Police Department due to the early retirement of the Deputy Village Clerk and a shift in responsibilities in the Administration Department. Resident Fred Cappetta reprised his comments of the March 81h Board meeting. Resident Rich Knitter gave a quick history on the property located at 356' Street and Midwest Road. Resident Bob Sanford stated that the Police Chief was appointed before he and Jeff Kennedy were elected to serve on the Village Board. Resident Terry O'Malley stated that an ordinance should be created pertaining to police officers working in Oak Brook establishments. He also commented on Fred Cappetta's accomplishments and qualifications. He also mentioned the residential electric aggregation referendum on the April 5' ballot. Resident Gopal Lalmalani stated resident comments should only pertain to Village business. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 22, 2011 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Regular Board of Trustees Meeting of February 22, 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 PAYABLE FOR PAY PERIOD ENDING MARCH 18, 2011 — $523,513.39 Significant Items included in Above: 1) Hervas, Condon & Bersani, P.C. - Legal Services — February, 2011 - $3,930.00 2) DuPage Water Commission — February, 2011 - $138,749.39 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 5, 2011 - $631,631.03 VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF MARCH 22, 2011 C. COMMUNITY DEVELOPMENT REFERRALS D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS E. BUDGET ADJUSTMENTS F. ORDINANCES & RESOLUTIONS 1. Resolution 2011 -LY -R -1090, A Resolution Authorizing and Directing the Oak Brook Public Library to Participate in the Non - Resident Library Card Program from July 1, 2011 to June 30, 2012. 2. Ordinance 2011- LY -EXl -S -1305, An Ordinance Readopting and Amending the Special Acquisitions Policy for the Oak Brook Public Library. 3. Ordinance 2011- AN -D -S -1307, An Ordinance Repealing Ordinance 2010 -AN -D- S -1292. G. MONTHLY TREASURER'S REPORT — FEBRUARY 28, 2011 Motion by Trustee Aktipis, seconded by Trustee Carson 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: 1 — Trustee Zannis Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None 8. BOARD & COMMISSION RECOMMENDATIONS — None 9. UNFINISHED BUSINESS — None 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS — None C. POLICE AND FIREFIGHTERS' PENSION FUND ACTUARIAL STUDIES /APPROVAL OF PENSION CONTRIBUTION Presented by Trustee Aktipis. Trustee Aktipis stated that the actuary just completed a study regarding the possible contributions from the Village to the various pension funds. He also stated that this type of analysis is conducted every year. He further mentioned the VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF MARCH 22, 2011 four different assumptions and his recommendation. Manager Niemeyer stated the recommendation is a new idea and the additional reserves will be used to supplement funding of pensions or Village revenues in the future. He recommended that a draft policy be created explaining how the additional reserves can be used. Motion by Aktipis, seconded by Trustee Wolin, that 1) The Village Board accept the attached actuarial reports of the Police Pension Fund and Firefighters' Pension Fund and 2) The Village Board approve a Village contribution of 21.20% of payroll for police officers and 32.20% for firefighters retroactive to January 1, 2011. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. D. APPROVAL OF IRGENS AGREEMENTS 1) Ordinance 2011 -AG -S -1306, An Ordinance Approving a Development Agreement Between York Road Development Partners, LLC and the Village of Oak Brook. Presented by Trustee Aktipis. Trustee Aktipis stated that the agreement pertains to the development of a three story medical building at York Road and Wood Glen Lane. He also mentioned the highlights of the agreement. Motion by Trustee Aktipis, seconded by Trustee Wolin to approve Ordinance 2011 -AG -S- 1306, An Ordinance Approving a Development Agreement Between York Road Development Partners, LLC and the Village of Oak Brook. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 —None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. 2) Resolution 2011 - FIN -BND- SSA -R -1091, Resolution of the Village of Oak Brook, Illinois Declaring its Official Intent to Reimburse Certain Capital Expenditures from the Proceeds of a Borrowing for the York Road Redevelopment Project. Presented by Trustee Aktipis. Trustee Aktipis stated that this resolution is in correlation with the previously passed ordinance and clarifies the obligation of the Village. He also stated that it allows for an SSA bond to be issued. Attorney Mark Sterk stated that the Bonds being issued will be paid back by the developer and not the Village. VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF MARCH 22, 2011 Motion by Trustee Aktipis, seconded by Trustee Wolin to approve Resolution 2011 -FIN- BND- SSA -R -1091, A Resolution of the Village of Oak Brook, Illinois Declaring its Official Intent to Reimburse Certain Capital Expenditures from the Proceeds of a Borrowing for the York Road Redevelopment Project. 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. FUEL PRICE PROTECTION Presented by Trustee Wolin. Trustee Wolin stated that the Village has an opportunity to save money on purchasing fuel for Village vehicles. Assistant Village Manager, Blaine Wing and Intern Ashley Stambaugh gave a brief presentation on current fuel purchasing practices, what other options staff is investigating and a fuel protect solution called Pricelock Model that staff is recommending. Intern Ashley Stambaugh stated that Pricelock is fuel price protection where the Village would get paid when unleaded gasoline or diesel prices go above our selected price protection. She also stated that our tailor -made plan would specify the protection price, amount of fuel the Village wishes to protect, and time period of the protection. She further discussed the benefits of Pricelock and the impact of fuel price protection. Trustee Wolin stated that he is always leery about situations that sound too good to be true and somehow there must be a scenario that the Village can lose. He also stated that he is not comfortable about making a recommendation at tonight's meeting. Assistant Manager Wing stated that if we choose the incorrect amount to lock in we can end up paying more for the insurance. He also stated gas prices are volatile and there is always a potential for loss. Trustee Aktipis stated that he is not sure if the money involved is worth the cost. He also stated fuel cost is a small amount of the budget and is not sure about the Pricelock Model. Trustee Carson stated that there is a missing step in the process and this needs to be taken before a decision can be made. Trustee Saiyed discussed what happened when United Airlines locked in their fuel prices and stated that fuel cost is too small of an amount in the budget to take the risk. Motion by Trustee Wolin, seconded by Trustee Aktipis to table Fuel Price Protection to a future meeting. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF MARCH 22, 2011 Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 — None Abstain: 0 — None Absent: 1 — Trustee Zannis Motion carried. F. HEALTH INSURANCE INFORMATION /PRESENTATION Presented by Trustee Moy. Trustee Moy discussed the Patient Protection and Affordable Care Act and the numerous health- related provisions that take effect over a four -year period. He stated that staff and our consultant will walk through a brief presentation to educate the Board members, prior to the Board's annual insurance discussion in May /June, on the major changes in law that will impact the Village. Assistant Manager Wing discussed the potential financial impact to the Village due to the changes in law. He stated that he will be making a recommendation on the Village's 2011- 2012 Health Plan in late May or early June. Trustee Carson asked Assistant Manger Wing to send the presentation to the Trustees for review. Trustee Wolin asked the consultant to make a projection on what the cost increase to the Village will be. Brian stated that our current health plan is doing well but we should expect a 10% increase for next year. Trustee Aktipis asked if the financial impact to the Village is significant, can we opt out of the Obama Care Plan. Brian stated the costs will not be significant until 2014 and the Village cannot opt out of the plan. G. POLICE DEPARTMENT UPDATE. Village Manager Niemeyer gave an update on the Police Department issues. He stated that the US Attorney General will not open a case regarding the two November incidents at the Sky Bar. He also stated that he contacted a few more firms to review the police union "no confidence" vote and related issues and will discuss further in closed session. Trustee Wolin stated that we do not know exactly what the problems in the Police Department are, but we cannot let them fester, and an independent consultant must be hired. He also stated that one option the Village has is to consider Patrick Collins to look into this matter. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manger Niemeyer gave a brief update about the Bath and Tennis Clubhouse. He stated that we will have multiple caterers, and a part-time employee was hired to market the clubhouse. B. VILLAGE CLERK VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF MARCH 22, 2011 Clerk Pruss reminded everyone that early voting ends March 3151 and listed the closest locations. She also stated that yard waste stickers are also available for purchase at the library. C. TRUSTEES Trustee Saiyed commented on Fred Cappetta's comments. Trustee Moy answered comments by residents that he is on his laptop during Board meeting by explaining how the agenda is prepared and how he accesses it through this laptop. He also stated that the Village is considering purchasing iPads for Trustees for the agenda packets which will save money and staff time. Trustee Wolin stated that County representatives use iPads for their agendas. Trustee Aktipis stated the accomplishments the current Board has achieved, the hard decisions they had to make, and that all Board members work very well together. D. VILLAGE PRESIDENT President Craig stated that he is encouraging everyone to vote yes for the electric aggregation referendum on April 5th. 12. 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 (2c1), 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 to discuss litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting (2c11) Motion by Trustee Aktipis, seconded by Trustee Wolin 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), 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 to discuss litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting (2c11). ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF MARCH 22, 2011 Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: 0 — None Abstain: 0 —None Absent: ]— Trustee Zannis Motion carried. This meeting was adjourned to Closed Meeting at 9:33 pm. 13. ADJOURNMENT Motion by Trustee Saiyed, seconded by Trustee Wolin to adjourn the Regular Meeting of the Board of Trustees at 10:21 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF MARCH 22, 2011