Minutes - 03/25/2008 - Board of TrusteesMINUTES OF THE MARCH 25, 2008 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK
BROOK APPROVED AS WRITTEN ON APRIL 22, 2008.
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 7:32 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, Robert G. Sanford and Gerald Wolin.
ABSENT: Trustee Moin Saiyed.
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; Michael J.
Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations
Manager; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club
Manager.
3. PRESIDENT'S OPENING COMMENTS
Certificate of Recognition — Syed Ahmad, Clubhouse Restaurant
Fire Chief Jim Bodony described the events of August 4, 2007 where Mr. Ahmad, using the
Heimlich maneuver, saved the life of a choking victim at the Clubhouse Restaurant. The
beneficiary of the response thanked Mr. Ahmad.
4. RESIDENT /VISITOR COMMENT
Resident Joseph Rush, a member of the Fullersburg Woods Area Association Board of Directors,
addressed the Board. He stated that in that capacity he is a member of the Salt Creek Watershed
Committee which was developed as a result of discussion to determine whether the Fullersburg or
Butler damn should be removed. He described that dams stop silt from flowing from the water
treatment plants upstream and it was becoming a problem. The source of the silt recommended
the removal of the dams to correct the problem. He described the problems of removal of the
dams. He felt that the Village of Oak Brook should have a representative on the committee.
VILLAGE OF OAK BROOK Minutes Page 1 of 16 MARCH 25, 2008
4. Trustee Wolin volunteered to participate in the committee, but was unable to attend the next
meeting. Trustee Sanford volunteered to attend the next meeting because of similar concerns in
Brook Forest.
Resident Al Knuth addressed the Board to applaud them for their work in on the ethics ordinance.
He indicated that he had reviewed the draft and addressed some concerns. They were regarding
transparency and deterrents. He felt that residents should be part of the process and felt that the
deterrents were too lenient.
Resident Tony DiCanio, also a member of the Fullersburg Woods Area Association, also
suggested that public involvement was important and made several recommendations for the ethics
ordinance.
Resident Mario Vescovi, also a member of the Fullersburg Woods Area Association,
recommended oversight /review boards be included in the ethics ordinance.
Resident Richard Allison, President of the Fullersburg Woods Area Association and a member of
the Oak Brook Citizens for a Better Government addressed the Board regarding the ethics
ordinance asking them to make it strong.
Resident Terry O'Malley addressed the Board also regarding the ethics ordinance. He also agreed
with transparency and several other issues.
President Craig asked the committee to discuss the suggestions made by the previous residents and
include them in the ordinance that they are revising. Trustee Manofsky responded that most of the
suggestions are part of the Personnel Manual of the Village.
5. APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF DECEMBER 11, 2007 — 2008 BUDGET
PUBLIC HEARING
Motion by Trustee Manofsky, seconded by Trustee Wolin, to approve the Minutes of the
December 11, 2007 Special Board of Trustees Meeting — 2008 Budget Public Hearing as
presented. VOICE VOTE: Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF DECEMBER 11, 2007
Trustee Manofsky expressed concern for a portion of the minutes not written in _the third
person. Clerk Pruss responded that she would look into the matter and corrections would be
made.
Motion by Trustee Carson, seconded by Trustee Sanford, to approve the Minutes of the
December 11, 2007 Regular Board of Trustees Meeting as amended. VOICE VOTE: Motion
carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 16 MARCH 25, 2008
5. C. SPECIAL BOARD OF TRUSTEES MEETING OF JANUARY 3, 2008
Motion by Trustee Wolin, seconded by Trustee Carson, to approve the Minutes of the January
3, 2008 Special Board of Trustees Meeting as presented. VOICE VOTE: Motion carried.
D. SPECIAL BOARD OF TRUSTEES MEETING OF JANUARY 8, 2008
Motion by Trustee Manofsky, seconded by Trustee Sanford, to approve the Minutes of the
January 8, 2008 Special Board of Trustees Meeting as presented. VOICE VOTE: Motion
carried.
E. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 8, 2008
Motion by Trustee Sanford, seconded by Trustee Wolin, to approve the Minutes of the January
85 2008 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried.
F. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 22, 2008
Trustee Manofsky expressed concern for a portion of the minutes not written in the third
person. Clerk Pruss responded that she would look into the matter and corrections would be
made.
Motion by Trustee Wolin, seconded by Trustee Carson, to approve the Minutes of the January
22, 2008 Regular Board of Trustees Meeting as amended. 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.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING MARCH 20, 2008 - $592,360.97
Significant Items included in Above:
1) Hitchcock Design Services — Payout #1 — Village Beautification Project - $2,000.00
2) Dixon Engineering — Payout #8 — Elevated Water Tank Repair And Painting - $585.00
3) Du Page Water Commission - $107,007.19
4) Kubiesa, Spiroff, Gosselar, Acker & DeBlasio, P.C., February, 2008, $3,042.53
5) Seyfarth Shaw, L.L.P., services for January, 2008, $2,320.00
6) Marchris Engineering, Ltd., February 11, 2008, in the VOB v. Lorig litigation, $1,400.02
7) REMOVED
8) Odelson & Sterk, Ltd., legal services for February, 2008, $33,614.50
9) Odelson & Sterk, Ltd., legal services regarding Mucha Civil Rights Case, for February,
2008, $3,975.00
VILLAGE OF OAK BROOK Minutes Page 3 of 16 MARCH 25, 2008
6. B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 8, 2008 - $693,026.99
C. COMMUNITY DEVELOPMENT REFERRALS — None presented.
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS —
None presented.
E. BUDGET ADJUSTMENTS — None presented.
F. RESOLUTION R -1011, A RESOLUTION AUTHORIZING THE DESTRUCTION OF THE
VERBATIM RECORD OF CLOSED MEETINGS OF THE VILLAGE OF OAK BROOK
BOARD OF TRUSTEES MEETINGS OF AUGUST 29, 2006 AND SEPTEMBER 20, 2006
At the Village Board meeting of April 10, 2007 the Village Board passed Ordinance G -830
which established procedures to authorize the destruction of the verbatim record of closed
meetings of the Village of Oak Brook Board of Trustees.
The audio recordings of the August 29, 2006 and September 20, 2006 Closed Meetings are
before the Board to consider under the consent agenda for the approval of its destruction.
This verbatim recording is eighteen (18) months old and minutes have been approved for the
meeting. A favorable vote shall be deemed to authorize the Village Clerk to destroy the
verbatim records of such closed meetings in a suitable manner. Under separate cover in a
confidential envelope are the minutes of these closed meeting to indicate they were written
and provide the context of the meetings.
Even with this procedure in place, the Manager, the Village Attorney, or a Trustee may
recommend or request that a particular tape be held. In order to retain a particular tape, a
Trustee would need to request that the item be removed from the consent agenda for separate
consideration and denial of approval for destruction. In most instances, however, it is in the
Village's best interest to destroy the tapes as soon as legally possible, as indicated above.
The action requested was for passage of Resolution R -1011, A Resolution Authorizing the
Destruction of the Verbatim Record of Closed Meetings of the Village of Oak Brook Board of
Trustees.
G. ORDINANCE 5 -1230, AN ORDINANCE AUTHORIZING THE SALE, DONATION OR
DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY OWNED BY THE
VILLAGE OF OAK BROOK
The ordinance includes a surplus computer stand from the Police Department that had reached
the end of its useful life and two treadmills from the Fire Department that were replaced by
newer models donated by the Double Tree Hotel in Oak Brook. Department Directors were
notified that these items were available but none had use for them in their departments.
VILLAGE OF OAK BROOK Minutes Page 4 of 16 MARCH 25, 2008
6. G. The action requested was for passage of Ordinance 5 -1230, An Ordinance Authorizing the
Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of
Oak Brook.
H. TREASURER'S REPORT — FEBRUARY, 2008
I. INDEMNIFICATION AND SPONSORSHIP AGREEMENT, BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND MCDONALD'S CORPORATION — TASTE OF OAK
BROOK
McDonalds recently agreed to pay the Village the sum of $70,000 to sponsor the Taste of Oak
Brook. Staff had been working on an agreement that outlines the Village's and McDonald's
responsibilities.
Some of the highlights of the agreement:
• McDonalds pays $70,000 for sponsorship fees.
• McDonalds has the right to distribute fliers /coupons for McDonalds products at the Taste.
• McDonalds receives a sponsorship tent for the event for food and beverage sampling and
another tent for meeting Ronald McDonald.
• The Village will not allow other quick service or fast casual restaurants to participate with
the exception of Starbucks who the Village has asked to sponsor the music stage.
• If the fireworks show is canceled, McDonalds will receive a partial refund of their
sponsorship fees ($42,000).
The action requested was to approve the Indemnification and Sponsorship Agreement
between the Village of Oak Brook and McDonalds Corporation.
J. RESOLUTION R -1014, A RESOLUTION APPOINTING A REPRESENTATIVE TO THE
INTERGOVERNMENTAL RISK MANAGEMENT AGENCY
The Village of Oak Brook is a member of the Intergovernmental Risk Management Agency
(IRMA) for Risk Management, Defense and Risk Coverage. As do each of the 77 members,
the Village has a Delegate and an Alternate which represent the Village as a member of the
Board. The Oak Brook Assistant Village Manager serves as the Delegate and the Finance
Director serves as the Alternate member. Therefore, it is recommended that Eileen Donahue,
Pay and Benefits Specialist, who has been serving as Delegate since July 10, 2007 to cover
the vacancy left by Jeff Moline be replaced with the current Assistant Village Manager,
Blaine Wing. It is further recommended that Darrell Langlois continue to serve as the
Alternate member.
The action requested was for passage of Resolution R -1014, A Resolution Appointing a
Representative to the Intergovernmental Risk Management Agency.
VILLAGE OF OAK BROOK Minutes Page 5 of 16 MARCH 25, 2008
6. Motion by Trustee Wolin, seconded by Trustee Carson, to approve the Consent Agenda and
authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Saiyed. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA — None presented.
8. BOARD & COMMISSION RECOMMENDATIONS
A. VILLAGE OF OAK BROOK - TEXT AMENDMENT — SETBACKS ALONG
STREETS
The Plan Commission, at its meeting on February 18, 2007 and the Zoning Board of
Appeals, at its meeting held the required public hearing on March 4, 2008 and completed
their review and deliberations on a request from the Village of Oak Brook to amend the
text to Section 13 -3 -5, Setbacks Along Streets, of the Zoning Ordinance.
This provision of the Zoning Ordinance has been in effect since 1971 and imposes an
extraordinary setback of 100 feet for properties that are adjacent to 22nd Street and York
Road (north of Oak Brook Road), and 110 feet from the section line (street centerline) of
Oak Brook Road. It would appear that the rationale for imposing these extraordinary
setbacks was to ensure that there was adequate room to expand these roads beyond their
original two lane cross section as Oak Brook grew. However, over the past 37 years, all
of these referenced road segments have now been substantially improved.
The impact Section 13 -3 -5 has on many of the residential lots that have been approved and
developed since 1971 appears to be significant. As redevelopment of the residential areas
becomes more frequent, it appears that many lots that back up to these roadways have
little or no buildable area to accommodate an addition to the existing home, a deck,
swimming pool or any other accessory structure. In some cases, a portion of the existing
home already encroaches into the extraordinary setback area.
In response to this issue, three alternatives were developed by Staff.
• Alternative I — Revert to setbacks imposed by the underlying zoning districts
• Alternative 2 — Measure the extraordinary setback for principal structures from the
centerline of the road but permit accessory structures to locate per accessory structure
zoning requirements
• Alternative 3 — Leave as is.
VILLAGE OF OAK BROOK Minutes Page 6 of 16 MARCH 25, 2008
8. A. Discussion
The Plan Commission recommended approval of Alternative 2 as proposed on page 14.b
of the case file to modify the language in Section 13 -3 -5 of the Zoning Ordinance and how
it relates to residential setbacks for properties that abut those named streets.
The Zoning Board concurred with the Plan Commission that the current extraordinary
setback language should not be maintained.
However, based on the input provided by the residents, the Zoning Board felt that
Alternative 1, which would permit properties along these three major roadways to follow
the setbacks of the underlying zoning district, had considerable merit. Alternative 1 would
eliminate the non - conformity that now exists with a number of single- family homes being
located within the extraordinary setback area.
Recommendation
On February 18, 2007, by a vote of 6 to 1, the Plan Commission recommended approval
of Alternative 2 as proposed on page 14.b of the case file to modify the language in
Section 13 -3 -5 of the Zoning Ordinance and how it relates to residential setbacks for
properties that abut those named streets.
In making this recommendation, the Plan Commission found that the requested
amendment was reasonable and would be beneficial to many homeowners now impacted
by the extraordinary setback provision. Under this alternative, accessory structures could
be located within the extraordinary setback area while principal structures could not.
On March 4, 2008) by a vote of 5 to 0, the Zoning Board of Appeals recommended
approval of Alternative 1 as proposed on page 14.a of the case file to modify the language
in Section 13 -3 -5 of the Zoning Ordinance and how it relates to residential setbacks for
properties that abut those named streets.
In making this recommendation, the Zoning Board found that the requested amendment
was both reasonable and beneficial based on the favorable comments received from the
residents at the public hearing and would eliminate the non - conformity that now exists
with a number of single - family homes being located within the extraordinary setback area.
Motion by Trustee Sanford, seconded by Trustee Kennedy for discussion was to concur
with the recommendation from the Zoning Board of Appeals and approve the requested
text amendment (referred to as Alternative 1 on page 14.a of the case file) regarding
setbacks along streets and authorize the Village Attorney to prepare the necessary
ordinance for final consideration at the April 8, 2008 Board of Trustees meeting.
j Trustee Sanford described the alternatives and expressed his concerns, indicating that
there were several issues regarding the surrounding streets not addressed and suggested
continuing this item to a Committee -of -the -Whole meeting to discuss the impact these
changes might have.
VILLAGE OF OAK BROOK Minutes Page 7 of 16 MARCH 25, 2008
8. Trustee Kennedy concurred with Trustee Sanford expressing in addition that the setbacks
were set forth also to preserve the aesthetic nature of the area and he was not sure that he
wanted to change those setbacks.
Motion by Trustee Sanford, seconded by Trustee Wolin, to amend the motion to continue
the recommendation from the Zoning Board of Appeals and approve the requested text
amendment (referred to as Alternative 1 on page 14.a of the case file) regarding setbacks
along streets to a Committee -of -the -Whole meeting. VOICE VOTE: Motion carried.
B. RESOLUTION R -1012, A RESOLUTION AUTHORIZING AND DIRECTING THE
OAK BROOK PUBLIC LIBRARY TO PARTICIPATE IN THE NON - RESIDENT
LIBRARY CARD PROGRAM FROM JULY I, 2008 TO JUNE 3012009
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, 2007 through June 30, 2008.
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, 2008
through June 30, 2009. The cost for a non - resident card during this period is $454.00
using the State's required mathematical formula.
Motion by Trustee Kennedy, seconded by Trustee Sanford, 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, 2008 To June 30,
2009. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Saiyed. Motion carried.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) BOARD OF FIRE AND POLICE COMMISSIONERS
The Oak Brook Board of Fire and Police Commission is comprised of thee (3) members.
Each Commissioner serves for a term of three years.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 MARCH 25, 2008
9. A. 1) President Craig recommended the reappointment of Ed Nielsen and the appointment of
Fred Cappetta to the Oak Brook Board of Fire and Police Commission.
Motion by Trustee Carson, seconded by Trustee Wolin, to defer the appointments in order
to jointly interview the candidates as per the approved appointment process. VOICE
VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS
1) ETHICS ORDINANCE UPDATE
The Village Attorney has been working with the elected officials and staff on an updated
Ethics Ordinance. Trustee Manofsky and Attorney Sterk brought the Board up -to -date on
the progress of updating the Ethics Ordinance.
Trustee Manofsky announced that the International City Management Associations had
offered an audio conference on ethics issues in local government. Manager Niemeyer
added that senior staff would be attending.
She added that the committee was still accepting input from residents for the ethics
ordinance content. She indicated that they were hoping to offer a draft on April 8, 2008.
Attorney Sterk thanked the residents who spoke tonight for their input and also indicated
that all of those topics had been discussed. He added, regarding the very strong
Westchester ordinance mentioned by a resident, that Westchester had vastly different
powers because it was a Home -Rule community which Oak Brook was not. He also
reported that the issue of adding a whistleblower section is redundant since there is
already a State Statute that applies. In regards to the suggestion of an outside review
board he indicated that it had been discussed and it had been his recommendation to put
that on hold and try the manager process first because of his past experiences which had
not necessarily been positive.
C. AWARD OF CONTRACTS — None presented.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) FIREFIGHTERS' 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;
VILLAGE OF OAK BROOK Minutes Page 9 of 16 MARCH 25, 2008
10. A. 1) 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. Of the
appointed positions, one appointed member is to serve a two year term while the second
appointed member to serve a three year term.
In accordance with 40 ILCS 5/4 -130., the treasurer of the municipality shall remain the
treasurer of the firefighter's pension board, but will only be a voting member of the board
if he /she is one of the two appointed members of the board.
President Craig recommended that the Village Board of Trustees approve the re-
appointment of Finance Director, Darrell Langlois to the Firefighter's Pension Board.
Motion by Trustee Wolin, seconded by Trustee Sanford, to concur with President Craig's
recommendation to re- appoint Finance Director, Darrell Langlois to the Firefighter's
Pension Board. VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -855, AN ORDINANCE INCREASING THE NUMBER OF LIQUOR
LICENSES — TIMES SQUARE CAFE
Time Square Caf6, LLC has made application to the Village of Oak Brook for a Class A-
1 Liquor License for their new restaurant, Time Square Cafe located at 2121 Butterfield
Road. The approval of this liquor license will increase the number of A -1 liquor licenses
in the Village of Oak Brook from 23 to 24. Renovations on the property are one hold
until it is determined if they receive approval for a liquor license.
All ordinance submittal requirements have been met. Background checks are being
processed at this time for the owner and general manager.
Motion by Trustee Manofsky, seconded by Trustee Wolin, for passage of Ordinance G-
855, 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: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Saiyed. Motion carried.
2) RESOLUTION R -1013, A RESOLUTION IN SUPPORT OF LEGISLATION
RELATIVE TO THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT
In 1997, the Illinois General Assembly enacted the Public Safety Employee Benefits Act
(PSEBA) to provide employer -paid health coverage to those firefighters or police officers
VILLAGE OF OAK BROOK Minutes Page 10 of 16 MARCH 25, 2008
10. B. 2) "catastrophically injured" on duty. In 2003, the Illinois Supreme Court decision said that
any public safety worker who obtained a line -of -duty disability pension was necessarily
"catastrophically injured." A line -of -duty disability pension can be obtained, even if the
injured worker is fully able to work in any other job except the firefighter or police
position previously held. Under the Illinois Pension Code, any firefighter or police officer
can be granted a line -of -duty pension (65% of salary) if a workplace injury caused the
employee to be unable to perform even one of the job duties of the position. The
legislature did not provide any financial support to fund these costs, the costs must be
fully assumed by the Village and its taxpayers. While the Village believes that the
legislature did not intend to provide free family health coverage to firefighters and police
officers who have sustained only minor injuries and are able to obtain other employment,
there is information that this is occurring.
Motion by Trustee Manofsky, seconded by Trustee Sanofrd, for passage of Resolution R-
1013, A Resolution in Support of Legislation Relative to the Public Safety Employee
Benefits Act. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 — Trustee Saiyed. Motion carried.
C. AWARD OF CONTRACTS
1) RECRUITMENT OF PUBLIC WORKS DIRECTOR
Per Board direction staff sought a proposal from the PAR Group for assistance in the
recruitment of a new Public Works Director.
The PAR Group is a well known local government recruiting firm that recently conducted
the Village Manager search for the Village of Oak Brook. Staff is recommending that the
PAR group be hired because of its knowledge of the Village which will help expedite the
process. Our goal is to have a new Director on board before Mike Meranda leaves on
August 22, 2008. The PAR Group has agreed to give us a 10% discount on their normal
fees based on their familiarity with the Village.
The base fee for their services is $13,950 plus up to $5,500 for reimbursable expenses.
Additional optional services should include education verification and court/credit /motor
searches at $125 per finalist candidate and print media searches at $40 per finalist
candidate
President Craig expressed his dismay at the loss of Mike Meranda who has been an
outstanding Public Works Director and iterated the many things that this department has
accomplished under his leadership and the importance of this position. He expressed a
goal of beginning interviews by May 15.
VILLAGE OF OAK BROOK Minutes Page 11 of 16 MARCH 25, 2008
10. C. 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the proposal with
the PAR Group for assistance in the recruiting of a new Public Works Director. ROLL
CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
2) POLO COORDINATOR
The Village uses a Polo Coordinator to oversee polo programs at the Oak Brook Polo
Club. In the past, the Coordinator has been an employee of the Village. Our current Polo
Coordinator, Karen Martino, lives in Missouri and works independently most of the time.
After discussions with Trustees Carson and Manofsky, liaisons to the Bath and Tennis
Club, and Attorney Sterk, we are recommending that the Karen Martino be an
independent contractor.
In the past, Karen Martino was paid at the rate of $24.90 per hour and received a 20%
commission based on total polo memberships sold, box holder memberships sold, and
sponsorships sold. The commission rate has not changed under this agreement but rather
than an hourly rate she is now paid a monthly payment of $3,583.00 per month. It is
estimated that her annual income based on these wages will be approximately $43,000.00
per year, compared to $41,815.00 in 2007 wages including FICA payments.
Commissions are estimated to be $4,000 per year in addition to this income.
Over the next several months, Karen Martino will work on generating revenue for the polo
program, including polo memberships, box holder memberships and sponsorships sold.
The revenue is estimated at approximately $32,000. The Village can terminate this
agreement at any time with 60 days notice. Also, please note that section 2 D contains a
clause requiring her to adhere to the Village's Ethics Ordinances.
The services listed in Exhibit A are essentially the same and includes marketing the polo
events, working with the Polo Lessee to create a schedule, supervising the polo staff, and
other duties
Trustee Carson indicated that the agreement had been drawn up by the Village Attorney,
but that trustees had concerns about certain clauses. Therefore, he was making the motion
contingent upon review by the Village Attorney.
Motion by Trustee Carson, seconded by Trustee Kennedy, to approve an agreement with a
Polo Coordinator for the Village of Oak Brook's Polo program contingent on final review
by the Village Manager and Village Attorney. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 12 of 16 MARCH 25, 2008
10. C. 3) TENNIS SUPERVISOR
The Village is looking to invigorate its tennis program at the Sports Core and has reached
an agreement with Tennis Management & Consulting (TMC) to provide service this
summer. The principal with TMC, Will White, is known as a top notch instructor in the
Oak Brook area and we are excited to have him on board. Below are the highlights of the
agreement:
• The agreement will be effective from May 1, 2008 through September 30, 2008.
• TMC will be paid a $28,000 retainer. In addition, he will receive 20% of all new 2008
Bath and Tennis Club tennis memberships, 90% of group lessons revenue, 95% if
private lesson revenues, 100% of all pro shop sales of tennis merchandise, and 100% of
revenue less expenses for tennis special events.
• TMC will comply with Village's Ethics Ordinances.
• TMC will oversee all of the tennis employees and all special events, clinics and drills.
Motion by Trustee Carson, seconded by Trustee Kennedy, to approve the Agreement for
Services of Tennis Supervisor for the Village of Oak Brook's Tennis Program contingent
on final review by the Village Manager and Village Attorney. ROLL CALL VOTE:
Ayes. 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
4) REPLACEMENT SQUADS
Manager Niemeyer asked to have this item removed from the Agenda for further review.
5) COMMERCIAL AREAS REVITALIZATION PLAN — IMPLEMENTATION
STRATEGY
At its meeting on March 11, 2008, the Village Board approved the ordinance making the
Commercial Areas Revitalization Plan an addendum to the Village of Oak Brook
Comprehensive Plan. One of the recommendations included in the Village Board
approval of the Plan involved the retention of a consultant to prepare a detailed
implementation strategy, which summarizes all key recommendations contained in the
Plan and identifies a strategy to facilitate implementation.
Since the consultant team of Houseal Lavigne, Inc. prepared the Plan document and is
intimately knowledgeable on key implementation recommendations, staff solicited a
proposal from them to undertake this work. In response to this request, Houseal Lavigne,
Inc. had submitted a proposal to prepare the implementation strategy plan for an amount
not to exceed $13,000. This request had been reviewed by Staff and was being
recommended to the Village Board for approval.
VILLAGE OF OAK BROOK Minutes Page 13 of 16 MARCH 25, 2008
10. C. 5) Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the expenditure of
$13,000 in order to retain the services of the consultant team of Houseal Lavigne Inc. for
the purposes of preparing a Strategic Implementation Plan as the "next step" in the
implementation of the Commercial Areas Revitalization Plan and authorize the Village
Manager to negotiate the required contract. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
6) CONSTELLATION NEW ENERGY — ELECTRICAL ENERGY SUPPLIER — WATER
PUMPAGE
The Village's contract for electricity usage for water pumpage with CNE will expire May
315 2008. Staff recently directed its' consultant, Energy Choices (hired by the Village
October 24, 2006) to conduct an auction to compare electricity costs and it was
determined that CNE is the lowest price supplier as of March 5, 2008.
On March 18, 2008, staff members and Trustee Wolin met with Energy Choices. It was
determined at the meeting that the majority of the Village's water pumpage accounts
would stay with CNE on a fixed rate basis. One account will be on an hourly rate with
CNE on a trial basis because usage is not consistent enough to receive a favorable fixed
rate. The Village would be able to convert the hourly rate to a fixed rate at any time
during the contract period with no penalty if the hourly rate becomes too high. Energy
Choices was recommending that the Village sign a contract through December 2010 to
lock in current auction prices, because they feel that costs would be higher if a shorter
term is chosen.
The Village receive's franchised (free) electricity through ComEd for some Village
accounts, and other accounts are paid for (non- franchised) as follows:
Account
Franchised/
Non - Franchised
Electricity
Monthly Demand
Butler Government Center
Lighting and Air Conditioning
Franchised
Public Works Building
Franchised
Fire Station #2
Franchised
Oak Brook Public Library
Franchised
Old Butler School Museum
Franchised
Safety Sirens
Franchised
Butler Government Center
Perimeter Heating
Non - Franchised
429 kW
VILLAGE OF OAK BROOK Minutes Page 14 of 16 MARCH 25, 2008
Sports Core Admin and B &T
Non- Franchised
29 kW
Golf Clubhouse
Non - Franchised
285 kW
Street Lights
(6 separate accounts)
Non - Franchised
22 kW each
Water Pumpage
Non - Franchise
1,475 kW
The Village's franchise agreement with ComEd was signed in 1992 and expires in 2047.
In September 2007, Governor Blagojevich signed the Electric Rate Relief Legislation.
The Legislation was aimed mostly for residential customers of ComEd but it addressed
non - residential customers as well. As of September 2007, customers with monthly
demands of 400kW to 3,000 kW are considered competitive and can purchase electricity
from a third party supplier. The Butler Government Center Perimeter Heating account
falls into this category but staff decided to stay with ComEd because it was not separately
metered and will have a negative impact on franchised electricity (staff will be reviewing
this situation with the consultant this year). Prior to passage of this legislation, accounts
with monthly demands of 3,000 kW or above were considered competitive.
Another change due to the Electric Rate Legislation is starting May 2010, customers with
monthly demands of 100 kW to 400 kW will be considered competitive and can purchase
electricity from a third party supplier. The Golf Clubhouse account falls into this category
and will be reviewed at that time. All other Village accounts do not qualify and will
remain with ComEd.
Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board award a 31
month contract (May 2008 - December 2010), subject to staff review, to Constellation
New Energy (CNE), for the supply of electrical energy for water pumpage. CNE is the
company with the lowest auction price as of March 5th. Auctions are held every day; the
contract price will be based on the March 24th auction. ROLL CALL VOTE:
Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin.
Nays: 0 - None.
Absent: 1 - Trustee Saiyed. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — Thanked committees and residents for efforts on the ethics
ordinance.
B. VILLAGE MANAGER — None presented.
C. VILLAGE CLERK — None presented.
VILLAGE OF OAK BROOK Minutes Page 15 of 16 MARCH 25, 2008
12. ADJOURNMENT
Motion by Trustee Sanford, seconded by Trustee Wolin, to adjourn the Regular Meeting of the
Board of Trustees at 9:04 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 MARCH 25, 2008