Minutes - 03/24/2009 - Board of TrusteesMINUTES OF THE MARCH 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 President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:33 p.m.
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 James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald
Wolin.
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; Dale L. Durfey, Jr., Village Engineer;
Sharon Dangles, Acting Finance Director; Thomas McEllin, Acting Fire
Chief, Bruce F. Kapff, Director of Information Services & Purchasing;
Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public
Works Director; Thomas Sheahan, Chief of Police and Trey VanDyke,
Sports Core Director.
3. PRESIDENT'S OPENING COMMENTS
A. PROCLAMATION - -EARTH HOUR 2009
Clerk Pruss read the proclamation proclaiming support of Earth Hour which urges
residents of the Village of Oak Brook to turn off all non - essential lights and
appliances in their homes and businesses for one hour beginning at 8:30 p.m. on
Saturday, March 28, 2009.
B RESOLUTION OF APPRECIATION — BRUCE KAPFF
Clerk Pruss to read the resolution of appreciation acknowledging his service to the
Village.
4 RESIDENT /VISITOR COMMENT
Resident Thomas Doyle addressed the Board regarding the entry area of the southeast
area He attended a meeting regarding the County's plan to breach the integrity of the
VILLAGE OF OAK BROOK Minutes Page I of 16 REGULAR MEETING OF
MARCH 24, 2009
4. Graue Mill damn. The plan would prevent water from entering the raceway which
works the Mill. He asked that the Village become involved to provide input to the
agency planning these changes and the concern of residents for these changes.
Resident Asif Yusuf addressed the Board regarding the budget. He felt that the wide
range of alternatives was commendable and thanked staff and the Board for their work
in addressing these issues.
Resident Mario Vescovi addressed the Board regarding a past due bill for legal services.
APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of August 26, 2008
Motion by Trustee Manofsky, seconded by Trustee Wolin, to continue the approval
of the Minutes of August 26, 2008. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. Regular Board of Trustees Meeting of September 9, 2008
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the
Minutes of the September 9, 2008 Regular Board of Trustees Meeting as presented.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent. 0 - None. Motion carried.
C. Special Board of Trustees Meeting of September 18, 2008
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the
Minutes of the September 18, 2008 Special Board of Trustees Meeting as presented.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. Regular Board of Trustees Meeting of September 23, 2008
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the
Minutes of the September 23, 2008 Regular Board of Trustees Meeting as presented.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 16 REGULAR MEETING OF
MARCH 24, 2009
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 PERIOD ENDING MARCH 20, 2009 -
$626,729.72
SIGNIFICANT ITEMS INCLUDED IN ABOVE:
l) Legal Bills
a) Odelson & Sterk, Ltd. — Legal Services — February, 2009 - $16,959.80
b) Seyfarth Shaw, Llp —Legal Services —January, 2009 - $19,157.07
2) Dupage Water Commission - $109,554.20
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 7, 2009 -
$673,054.08
C. COMMUNITY DEVELOPMENT REFERRALS
1) VILLAGE OF OAK BROOK — TEXT AMENDMENT — PLANNED UNIT
DEVELOPMENT
A key recommendation of the Commercial Revitalization Planning effort was
the creation of Planned Unit Development (PUD) regulations for the Village.
Accordingly, the consulting firm of Houseal Lavigne Inc. has been retained by
the Village to develop PUD regulations that can provide the Village with the
tools necessary to deal with new development /redevelopment in our
commercial corridor.
After many months of preparation, Houseal Lavigne has presented the draft
PUD regulations to the Commercial Revitalization Committee for review. At
the Committee's January 22, 2009, a recommendation was made to accept the
proposed regulations and have the matter forwarded on to the Village's Plan
Commission and Zoning Board of Appeals for review and recommendation.
Accordingly, Staff is recommending that the proposed PUD regulations be
referred to the Plan Commission and Zoning Board of Appeals for review and
public hearing.
The requested action was to refer the request for a text amendment to the
Zoning Ordinance which creates Planned Unit Development regulations to a
joint meeting of the Plan Commission and Zoning Board of Appeals for review
and public hearing.
VILLAGE OF OAK BROOK Minutes Page 3 of 16 REGULAR MEETING OF
MARCH 24, 2009
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) 2009 DRAINAGE PROJECT — PART A
The Engineering Department is finishing plans for the 2009 Drainage Project —
Part A and will be ready to proceed with bids. Part A refers to the part of this
year's drainage project being done in the spring with Part B occurring this fall.
Part A consists of two locations delayed from last fall (staff was unable to
devote time on this due to other demands) and one new location. Part B will
occur this fall after this spring's observations of the remaining locations on the
Village's Drainage Problem Inventory. Please note that this project is separate
from the Croydon Lane Storm Sewer Extension Project, also being done this
spring, since that project was funded by a grant.
Construction should commence in mid -May and be completed by mid -June.
The following is a summary of the work sites:
1. 704 Acorn Hill Lane (from 2008) — The grassy area along the street in front
of this property will be regraded to have a proper swale so that street runoff
will flow along the swale instead of presently along the stone shoulder which
causes the stone shoulder to wash away during storms.
2. 25 Royal Vale Drive (from 2008) — A 6" underdrain will be installed with an
inlet at each end between the two driveways for 25 Royal Vale Drive. This
should dry up the parkway which is continuously wet and spongy from
undetermined sources.
131 & 133 St. Francis Circle — A 4" pipe will be installed from the edge of
the lake to past the paved pathway. From there, 20 feet of 4" underdrain will
be installed perpendicular each way. This should dry up a continuously wet
grassy area that also keeps the pathway wet.
The requested action was that the Village Board authorize staff to seek bids for
the 2009 Drainage Project — Park A
2) REQUEST FOR PROPOSAL FOR TELEPHONE COMPANY SERVICES
The Village of Oak Brook is currently under a contract with AT &T with a
Master Discount Agreement (MDA) contract that began June 20, 2006 and
expires on June 19, 2009. This contract dictates the rates for telephone service
for the Village of Oak Brook. Village staff is completing the final Scope of
Services for the Request for Proposal for a similar MDA agreement. The
tentative schedule for the Proposal process is as follows:
VILLAGE OF OAK BROOK Minutes Page 4 of 16 REGULAR MEETING OF
MARCH 24, 2009
6. D. 2) Request For Proposal Tentative Schedule:
Release RFP March 25, 2009
Proposals Due April 14, 2009
Review and Approval by Village Board April 28, 2009
Scope of Services: The Village of Oak Brook (Village of Oak Brook) is interested
in entering into an agreement of no more than thirty-six (36) months that will
reduce its monthly local telephone service and calling charges. The proposed
service must work with the NEC 2000 telephone systems currently in -place at
each Village of Oak Brook facility.
Vendors are requested to submit proposals for:
• Analog Telephone Service (Business Lines/POTS)
• Point -to -Point T -1 Service (WAN)
• ISDN PRI Service (600 DID numbers)
• Analog and Digital Alarm and Monitoring Circuits
• Local Calling
• Long Distance Calling
The requested action was move that staff be directed to prepare the final
specifications and seek competitive proposals for Telephone Company Services
for the Village of Oak Brook.
E. BUDGET ADJUSTMENTS — None presented.
F RESOLUTION R -2009, A RESOLUTION AUTHORIZING AND DIRECTING
THE OAK BROOK PUBLIC LIBRARY TO PARTICIPATE IN THE NON-
RESIDENT LIBRARY CARD PROGRAM FROM JULY 1, 2009 TO JUNE 30,
2010
In accordance with the administrative rules and regulations implementing Illinois
Public Act 92 -0166, the governing body of each public library is required to adopt a
resolution annually to authorize and direct the library to participate in the non-
resident card program.
Prior to the passage of P.A. 92 -0166, state law and library system membership
codes varied regarding whether non - resident cards could be sold and what
privileges were provided to a non - resident cardholder. P.A. 92 -0166 standardized
non - resident rules across the State. Each library governing board has the option to
participate or not participate. Last year, the Village Board of Trustees adopted a
resolution directing OBPL to participate in the program from July 1, 2008 through
June 30, 2009. No non - resident cards have been requested or issued during the
year.
VILLAGE OF OAK BROOK Minutes Page 5 of 16 REGULAR MEETING OF
MARCH 24, 2009
6. F. Upon the recommendation of the Library Commissioners, the staff proposes that
the Village Board authorize the Library to participate in this program from July 1,
2009 through June 30, 2010. The cost for a non - resident card during this period is
$432.00 using the State's required mathematical formula.
The requested action was for passage of Resolution R -1012, A Resolution
Authorizing And Directing The Oak Brook Public Library To Participate In The
Non - Resident Library Card Program From July 1, 2009 To June 30, 2010
G. TREASURER'S REPORT' FEBRUARY , 2009
H MOSQUITO ABATEMENT SERVICES CONTRACT - CHANGE ORDER
NUMBER 1
This change would add a contract line item for Gypsy Moth control aerial spraying
to the Mosquito Abatement Services Contract. The price in the Tree Services
Contract is $45 per acre. Clarke Mosquito Control has submitted a price of $37 per
acre for the same work item. The budget figure cited above assumes 1000 acres of
treated area and two separate applications. The Tree Services Contract is an
indefinite delivery, indefinite quantity contract which does not obligate the Village
to use all items of work bid. The funding for this season's Gypsy Moth control
effort will be offset by funds to be received for the CY -PRES settlement. Funding
for the 2010 season has not been determined.
The areas identified as "severely infested" in the 2008 survey comprise
approximately 1000 acres. While the entire Village is infested the term "severely
infested" refers to areas with significant stands of trees suffering 60 -70%
defoliation. The staff intends to coordinate with Homeowners Associations within
the Village with less than severely infested conditions who wish to use Clark as
their aerial spraying service.
The requested action was to approve Change Order No. 1 to the Mosquito
Abatement Services Contract with Clarke Mosquito Control and determine that the
circumstances necessitating the change were not reasonably foreseeable at the time
the contract was signed, that this change order is in the best interest of the Village,
and is authorized by law.
Trustee Saiyed asked to have item 6.C.1) the Community Development Referral for the
Village of Oak Brook — Text Amendment — Planned Unit Development removed.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 6 of 16 REGULAR MEETING OF
MARCH 24, 2009
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0
ITEMS REMOVED FROM CONSENT AGENDA
Trustee Saiyed asked to have item 6.C.1) the Community Development Referral for the
Village of Oak Brook — Text Amendment — Planned Unit Development removed.
C. COMMUNITY DEVELOPMENT REFERRALS
l) VILLAGE OF OAK BROOK — TEXT AMENDMENT — PLANNED UNIT
DEVELOPMENT
A key recommendation of the Commercial Revitalization Planning effort was
the creation of Planned Unit Development (PUD) regulations for the Village.
Accordingly, the consulting firm of Houseal Lavigne Inc. has been retained
by the Village to develop PUD regulations that can provide the Village with
the tools necessary to deal with new development /redevelopment in our
commercial corridor.
After many months of preparation, Houseal Lavigne has presented the draft
PUD regulations to the Commercial Revitalization Committee for review. At
the Committee's January 22, 2009, a recommendation was made to accept the
proposed regulations and have the matter forwarded on to the Village's Plan
Commission and Zoning Board of Appeals for review and recommendation.
Accordingly, Staff was recornmending that the proposed PUD regulations be
referred to the Plan Commission and Zoning Board of Appeals for review and
public hearing.
Trustee Saiyed asked where the Village was in regards to upgrading Village
Code as a result of the Commercial Revitalization project and what were plans
for implementation. Trustee Kennedy responded that the Board had adopted
the Commercial Revitalization Plan and staff, along with the urban planners of
Houseal Lavigne were working to update Village Code which this
recommendation was part of. He reported that the sign recommendations
were difficult and a recommendation on that would be forthcoming soon. He
felt that things were moving along and a lot of
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to refer the
request for a text amendment to the Zoning Ordinance which creates Planned
Unit Development regulations to a joint meeting of the Plan Commission and
Zoning Board of Appeals for review and public hearing. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 -None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 7 of 16 REGULAR MEETING OF
MARCH 24, 2009
8. BOARD & COMMISSION RECOMMENDATIONS
A. CONSULTANT SERVICES FOR EVALUATION OF POLICE AND FIRE
CANDIDATES
At their Commission meeting of February 18, 2009, the Board of Fire and Police
Commissioners voted to recommend the services provided by Alan F. Friedman,
Ph.D, d /b /a MATRIX Methodology as an alternative for law enforcement and fire
personnel selection. In 2008, Dr. Friedman made a presentation to the
Commission, Fire Chief Bodony and Police Chief Sheahan, explaining his
structured method of determining whether a fire or police candidate should be
considered for employment, as well as helping to eliminate any liability claims
down the line. MATRIX Methodology offers a post offer /pre- employment
screening for $550.00 per applicant. Currently, the cost assessed by Stanard and
Associates for an intensive psychological evaluation is $375.00. The difference in
the cost is negligible when the threat of any litigation from non - selection of a
candidate or by actions committed by a candidate after hiring are reduced. After
feedback from both public safety departments, it was felt that the MATRIX
Methodology should be utilized on a trial basis. This contract is for one (1) year
and offers a thirty -day termination clause.
Motion by Trustee Saiyed, seconded by Trustee Wolin, to concur with the
recommendation from the Board of Fire and Police Commissioners and approve the
Contract with Alan F. Friedman, Ph.D., d /b /a MATRIX Methodology as an
alternative option to the psychological evaluations conducted on entry -level police
and fire candidates by Stanard and Associates, Inc. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. ORDINANCE S -1260, AN ORDINANCE ADOPTING AN AMENDMENT TO
THE LIBRARY MEETING ROOM AND GROUP STUDY ROOMS POLICY
This item was deferred.
9 UNFINISHED BUSINESS
A CONFIRMATION OF APPOINTMENTS
1) APPOINTMENT OF FIRE CHIEF
At the March 10, 2009 meeting President Craig announced that he intended to
recommend the appointment of Thomas McEllin as Fire Chief. He requested
concurrence of that appointment.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 REGULAR MEETING OF
MARCH 24, 2009
a
B
A. Motion by Trustee Carson, seconded by Trustee Kennedy, to concur with
President Craig's appointment of Thomas McEllin as Fire Chief. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. ORDINANCES & RESOLUTIONS - None presented.
C AWARD OF CONTRACTS — None presented
NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) FIREFIGHTER'S PENSION FUND BOARD
Illinois Public Act 94 -0317 mandates the creation of a Board of Trustees of the
Firefighter's Pension Fund. The Firefighter's Pension Board shall consist of
five (5) members; two (2) shall be appointed by the President of the Village
Board of Trustees, two (2) members are to be active participants of the pension
funds who are elected by the members of the following and one member shall
be a retired member of the fund. One appointed member of the Board is to be
appointed to serve a two year term while the second appointment member is to
be appointed to serve a 3 -year term.
Timothy Schlindwein was first appointed in 2006 for a 3 -year term and has
expressed an interest in a reappointment to this committee. Attached is the
biographical information that was submitted by Mr. Schlindwein when he was
first appointed to this committee and his expressed interest in serving for
another term on the Firefighter Pension Fund Board.
Motion by Trustee Carson, seconded by Trustee Kennedy, to concur with
President Craig's reappointment of Timothy Schlindwein to the Firefighter's
Pension Fund Board for a 3 year term. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. ORDINANCES & RESOLUTIONS — None presented.
C. AWARD OF CONTRACTS —None presented.
VILLAGE OF OAK BROOK Minutes Page 9 of 16 REGULAR MEETING OF
MARCH 24, 2009
10. D. OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE 2009
MARKETING PLAN AND REQUEST FOR ADDITIONAL MARKETING
MONIES
The Hotel Committee is requesting an additional $200,000 from the Village for
supplemental marketing for the hotels this year due to the downturn in the economy
and the desire to continue the Chamber's overnight stays program. This would be in
addition to the $325,000 set aside for the program that is administered by Point B
and the $84,000 given to the DuPage Convention and Visitors Bureau that is
included in the marketing portion of the hotel tax fund (1% tax).
$420,000 was expected to be generated this year in hotel tax revenues for the
marketing portion of the hotel tax fund. However, this was based on a projected 3%
increase in hotel tax revenues, which the hotel operators have said is not realistic.
The projected end of the year fund balance for 2009 is $123,104. This will probably
be lower because of the downturn in the economy so I am not comfortable with
recommending to the board that any additional dollars be added to the marketing
fund budget.
However, the Village could approve additional funds from the 2% hotel tax that has
in the past been allocated towards beautification projects. Darrell Langlois had
projected that the fund balance at the end of 2009 for this portion of the hotel tax
fund will be about $485,000 which would include. Again, this was based on
projections of a 3% increase in,hotel taxes, which is unlikely.
The committee would like to use the $200,000 in additional funds for website
enhancement, group promotion programs, and the Chamber overnight stay
program. John Wagner has also told me that separately they are planning on doing
a gift card program as President Craig had recently suggested. More information
on the specifics of the program will be sent to you by early next week.
The Village has not yet received or reviewed the 2009 annual marketing program It
is not fair to ask the Board to approve a supplemental program without having seen
or approved their normal annual program. It was recommended that the Board give
the committee guidance on whether the supplemental program they are presenting
makes sense in terms of the components and dollars allocated.
In terms of dollars allocated, $200,000 is probably doable but a more conservative
number to approve in light of the affect of the economic downturn on hotel
revenues would be $150,000.
Trustee Saiyed asked John Wagner of the Oak Brook Hotel, Convention and
Visitors Committee to introduce the members of the committee in attendance. He
also reported the concerns regarding the competition from Lombard and
surrounding areas. He presented a brief overview of the marketing plan.
VILLAGE OF OAK BROOK Minutes Page 10 of 16 REGULAR MEETING OF
MARCH 24, 2009
10. D. Trustees Saiyed and Manofsky asked to see the marketing plan that Point B has put
together.
Motion by Trustee Saiyed, seconded by Trustee Manofsky, to approve $200,000 for
a major initiative for a Marketing Plan. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays. 0 - None.
Absent: 0 - None. Motion carried.
E. RFP — BATH & TENNIS BANQUET HALL /RESTAURANT
The Village has owned and managed the Bath and Tennis Clubhouse
banquet /restaurant facility for several years. The Village has a wonderful asset that
along with the Sports Core is the envy of other communities. One of the goals in
this year's budget was to explore methods to improve the financial position of the
clubhouse.
In 2008, the clubhouse had $898,821 in expenditures, while generating $850,321 in
revenues, a $48,500 deficit. In 2007, the deficit for the clubhouse was $19,581 and
in 2006 it was $95,364. The financial success of our golf course has helped
subsidize the rest of the Sports Core, including the clubhouse. We would like to
eliminate the subsidy the golf course provides the clubhouse and perhaps put the
clubhouse in a profitable position.
A number of municipalities and park districts own restaurants and have had success
outsourcing the clubhouse to private restaurateurs. These agencies include the
Village of Buffalo Grove and the Schaumburg and Des Plaines Park Districts.
Several elected officials visited a park district facility with an outsourcing
arrangement in Schaumburg last year. These agencies maintain ownership of the
facility but have a contract with restaurateurs to manage the facility. The contract
typically includes payment to the municipality for a license and /or a percent of the
facility's profits.
Seeking proposals does not guarantee that the Village will actually outsource the
operation of the clubhouse. The Village could review the proposals received and
decide not to outsource the operation but instead try to improve the financial
position of the clubhouse while maintaining Village management. The proposals
could give us some ideas on how to improve the clubhouse on our own. Staff has
already implemented some new procedures this year to improve the clubhouse's
financial position, such as requiring clubhouse users to have a minimum number of
attendees.
Once the proposals are received, staff will review and confer with the Trustee
VILLAGE OF OAK BROOK Minutes Page 11 of 16 REGULAR MEETING OF
MARCH 24, 2009
10. E. liaisons to the Bath and Tennis Club. It is expected that Village representatives
would visit the other restaurants of the firms submitting proposals. Also, a contract
would be negotiated that would include other components the Village may wish to
include, such as use of the clubhouse for Village purposes. This would be brought
back to the Village Board for final approval.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, to authorize the staff
to seeks proposals for restaurant firms to operate the Bath and Tennis Clubhouse
Facility. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays. 0 - None.
Absent: 0 - None. Motion carried.
F BUTLER NATIONAL GOLF CLUB - THIRD MODIFICATION OF USE OF
GOLF PRACTICE AREA EASEMENTS
On March 12, 2009 Butler National Golf Club submitted a letter of interest in
modifying the current lease agreement. As a way of background, in 1977 the
Village became the owners of the property adjacent to Butler National Golf Club
( "Club "). With the purchase of the property, the Village entered into an agreement
with the Club whereby the Village must provide the Club an area for practicing golf
on Field 41 (Parcel 1, 2, and 3) or Field #2 (Parcel 4) within the Sports Core. Since
1977, the Village and the Club have modified this agreement twice (1994 and
1997). The Second Modification of Use of Golf Practice Area Easements granted
the Club an exclusive use of Parcel 4 (Field #2) with the exception of a pre - emptive
use for polo and Village sponsored events. The Club made lease payments of
$22,674.00 in 2008. The Club now wishes to modify the agreement to allow for the
addition of target greens to Field #2, accept the responsibility and cost of
maintaining Field #2, remove the pre - emptive polo use provisions, and limit the
Villages use of Field 42 for special events to the Highland Games and the Village's
Independence Day activities.
The Club, after discussions since the submission of the aforementioned letter, has
offered two alternative agreement terms which will increase their current lease
payments as follows: A) Pay an additional $15,000.00 in lease payments in 2009.
Automatically renew the agreement for up to two more years with additional lease
payments of $20,000.00 in 2010 and $25,000.00 in 2011. The agreement may be
cancelled at the end of each year by either party. OR B) Pay an additional
$75,000.00 in lease payments for a three year term with this amount due upon
execution of the agreement. It is noteworthy that all of the provisions in the Second
Modification that protect the Village for discontinued use of their own golf practice
facilities (flood) will remain in force.
VILLAGE OF OAK BROOK Minutes Page 12 of 16 REGULAR MEETING OF
MARCH 24, 2009
10. F. The opportunity to pursue a modification to the lease between the Club and the
Village follows the absence of a polo contractor. As a way of background, the 2009
budgeted polo operation was expected to lose $10,000. That included $12,000.00 in
revenue frorn a polo operator. Since there will not be polo this year, some of the
Village's costs to maintain the polo field (Field #2) go down, namely chemical
applications. Our labor costs do not change dramatically during this transition year.
So, if the Village doesn't replace the lost revenue, the Polo program will sustain an
estimated loss of $17, 000.00. Due to our current budgeting practices, the full cost
of maintaining Field #2 is reflected in the Polo program. Other revenue generated
from the use of that field in conjunction with other fields resides in the Open Field
and Golf Learning and Practice programs. Most notable would be the Soccer
Tournament ($5,000), Highland Games ($11,000), and Butler's current rental fee
($22,674). All of these revenues are outside of the Polo program. Next year's
budget presentation will allocate the field maintenance expenses to Open Fields and
Golf Learning and Practice. In 2008 the expenses of the polo program out paced
revenues by $77,919 which included $60,400 from the general corporate fund.
Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board
authorize the Village Attorney to draft a Third Modification of Use of Golf Practice
Area Easements with Butler National Golf Club that modifies the current
agreement by allowing the construction of target greens on Field 42 (Parcel 4)
within the Sports Core, accept the responsibility and cost of maintaining Parcel 4,
removing a pre - emptive polo use provision, and limiting the Village's use of Field
42 for special events to the Highland Games and the Village's Independence Day
activities during the term of the agreement. Butler National Golf Club, in
consideration for these changes offers to pay an additional $15,000.00 in lease
payments in 2009. Automatically renew the agreement for up to two more years
with additional lease payments of $20,000.00 in 2010 and $25,000.00 in 2011. The
agreement may be cancelled at the end of each year by either party. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
G. CELL PHONE /PAGER USAGE POLICY
Driven by the need to streamline cell phone usage by employees for business
purposes, the Village of Oak Brook is considering changes to the way in which cell
phones and pagers are provided and funded. The Village provides certain
employees with cell phones and /or pagers to perform work and be able to be off -
site. Currently, the acquisitions of those phones and pagers, as well as monthly
service plans are paid in full by the Village.
VILLAGE OF OAK BROOK Minutes Page 13 of 16 REGULAR MEETING OF
MARCH 24, 2009
10. G. The proposed Cell Phone Usage Policy eliminates all but essential Village provided
cell phone and pager devices, by providing an allowance to employees for business
use of their personally owned cell phones. Employees will be paid an allowance for
business use of their personal cell phone at the following rates $2.50, $20, $30 and
$40 per month based on current usage. Below is an explanation of the four tiers and
the rates:
A. Tier One — Text Message.
The allowance for this tier will be $2.50 per month for text messaging capabilities
This tier is for employees who were previously issued a pager rather than a cellular
telephone as a means for others to contact them in an emergency or in an on -call
situation.
B. Tier Two — Limited Usage.
The allowance for this tier will be established at $20 per month. Employees in this
tier are considered to have limited usage of a cellular telephone in that the cellular
phone is used primarily to contact the employee when out of the office, in an on-
call situation, in an emergency, or attending to Village business at locations other
than their primary place of work.
C. Tier Three — Medium Usalze.
The allowance for this tier will be $30 per month. Employees in this tier generally
would spend a great deal of work time out of the office and in the "field ", and do
not have easy access to a telephone in order to remain in contact with their place of
business or with the residents and businesses they serve.
D. Tier Four — Extensive Usage.
The allowance for this tier will be $40 per month. Employees in this tier by the
nature of their position require to extensive use of cellular /date communications in
the course of their duties. These employees are required to use a particular
cellular /data and /or specific equipment to perform their duties.
Situations may arise where employees place business phone calls that exceed their
monthly stipend. In this situation, employees may submit a log of phone calls,
noting the overages; the employee will then be reimbursed for the additional
business expenses. In addition, built into the policy is an exception that allows
certain positions to retain Village -owned phones and /or pagers with the
recommendation of their Department Director and approval of the Village
Manager.
Currently, the Village does not adequately track personal and business use of cell
phone calls.
VILLAGE OF OAK BROOK Minutes Page 14 of 16 REGULAR MEETING OF
MARCH 24, 2009
10 G. Per IRS regulations, in order to exclude personal use of a business cell phone from
taxable income, the employer must develop a method to distinguish business from
personal phone charges. If the telephone is used exclusively for business, all use is
excludable from income (as a working condition fringe benefit). The amount that
represents personal use is included in the wages of the employee. This includes
individual personal calls, as well as a pro rata share of monthly service charges.
Unless the Village adopts a policy requiring employees to keep records, the phone
is considered income to the employee and is subject to taxes The Village does not
currently require employees to log personal and business calls on Village -owned
cell phones. The process to log all personal and business calls on Village -owned
cell phones can be very cumbersome, specifically for employees in the field. In
addition, the Village does not record Village -owned cell phones as personal
income. If, however, the employee owns the phone, the above listed property
requirements do not apply.
The recornmended policy will bring the Village into compliance with IRS
regulations and reduce the number of Village -owned devices. The policy will also
limit staff time spent reviewing phone records. After tracking employee usage over
several months, cost savings to the Village are projected at $12,000 to $15,000 for
Fiscal Year 2009 for the entire year.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, approves the Cell
Phone Usage Policy with any final attorney and administrative changes effective
April 1, 2009, this will allow staff to make final adjustments and implement the
new policy. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
H APPROVAL OF 2009 BUDGET ADJUSTMENTS FROM COMMITTEE -OF-
THE -WHOLE MEETING
Manager Niemeyer reported on the Committee -of -the -Whole Meeting. He reported
that the presentation would be on the Village website. He highlighted the additional
budget cuts which amounted to approximately 1.2 million dollars and included the
loss of five more staff positions which now totaled the loss of 15 positions since
this time last year. He also reported that there would be a hiring freeze on any
vacated positions without Board approval. He reiterated that the financial position
of Oak Brook is very healthy, that the Village has reserves far in excess of what
most municipalities have.
11. INFORMATION & UPDATES
VILLAGE OF OAK BROOK Minutes Page 15 of 16 REGULAR MEETING OF
MARCH 24, 2009
11. A. VILLAGE MANAGER — Manager Niemeyer commented on the schedule of tours
of restaurants for proposals. He congratulated the new Fire Chief and thanked
Bruce Kapff for his service to the Village.
B. VILLAGE CLERK — Clerk Pruss provided information on early voting and how to
find a sample ballot on the election commission website.
C. VILLAGE PRESIDENT — President Craig urged residents to take part in the
upcoming election
D. TRUSTEES — None presented.
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Wolin, to adjourn the Regular
Meeting of the Board of Trustees at 9:11 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 16 of 16 REGULAR MEETING OF
MARCH 24, 2009