Minutes - 04/13/2010 - Board of TrusteesMINUTES OF THE APRIL 13, 2010 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 14, 2010.
1. CALL TO ORDER:
The Regular Meeting of the Village Board of Trustees was called to order by Village
President John W. Craig in the Samuel E. Dean Board Room of the Butler
Government Center at 7:04 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 Craig, Trustees Stchos Aktipis, James Carson, Mark
Moy, Mom Saiyed, Gerald Wolin and Elaine Zannis.
ABSENT: None
IN ATTENDANCE: David Niemeyer, Village Manager, Mark Sterk, Village
Attorney, Sharon Dangles, Finance Director, Robert L. Kallien, Jr., Director of
Community Development, Sue Madorin, Library Director, Thomas McEllin, Fire
Chief, Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director
3. PRESIDENT'S OPENING COMMENTS: President Craig and the Board
have worked very hard to reach out to the homeowners and business owners and had
a meeting scheduled with the 28 or 29 Homeowners Presidents and only 4 signed up
to attend. We will try to schedule it again to see if there will be more in attendance.
One of the big keys to winning the first election was a promise to bring about a new
era to the Village and that is what the board has done. We have done just that. We
will continue to move Oak Brook in the right direction. We have changed course
from the practices of the past, bad publicity resulting in pending lawsuits and not
spending money carefully. Oak Brook has a balanced budget, we have a cash
reserve, and we are funding our pensions and other obligations. The Board and I have
made great progress, but there is much more to do.
President Craig asked Village Manager Niemeyer to relay some good news. Village
Manager Niemeyer explained that through a $250,000 grant from Senator Cronin's
office, 35a' Street between Midwest Road and Meyers will be resurfaced.
4. RESIDENTNISITOR COMMENTS: Resident Bill Lindeman recommended
that a comprehensive study be done of the Police Department. Mr. Lindeman also
asked for a list of sponsors for the 2010 Taste of Oak Brook. Mr. Lindeman
complimented the presentation given by the Fire Department and McGrath at the last
board meeting, where he stated that he felt more educated.
Resident Mario Vescovi spoke as Chairman and sponsor of the Illinois Chamber Drug
Free Work Place. Mr. Vescovi made reference to the fact that Chamber's major
conferences are usually held in Chicago, though has moved their conferences to the
VILLAGE OF OAK BROOK Minutes
REGULAR MEETING OF April 13, 2010
Oak Brook Marriott with roughly 200 businesses attending and over 300 people have
signed up to attend. The Work Comp conference will also be held at the Oak Brook
Marriott in October of 2010. Trustee Zannis remarked that this was great news.
5. APPROVAL OF MINUTES —June 15, 2009 —Motion by Trustee Moy,
seconded by Trustee Wolin to approve the minutes as amended for the June 15, 2009
regular board meeting with one minor correction; Trustee Aktipis pointed out that the
minutes state that he didn't arrive until 7:07 p.m. where the meeting didn't start until
7:30 p.m. 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 Period Ending April 9, 2010 - $502,947.02
Significant items included in Above:
1) Legal Bills
a. Seyfarth Shaw, LLP —Legal Services —February 2010 - $19,586.45
2) LSC Transportation Consultants Inc — OB Employment Area Distributor
Service Study - $3,209.13
B. Approval of Payroll for:
1) Pay Period Ending March 20, 2010 - $708,983.73
2) Pay Period Ending April 3, 2010 - $632,298.23
C. Community Development Referrals:
1) York Road Development Partners Subdivision —Final Plat of Consolidation
— 1800, 1802 and 1806 York Road
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Banking Services
2) Audit Services
3) Classification & Compensation Study
E. Budget Adjustments:
F. Ordinances & Resolutions:
1) Ordinance S -1280, An Ordinance Authorizing the Sale through Electronic
Auction or Broker, Donation or Disposal of Certain Items of Personal
Property Owned by the Village of Oak Brook.
VILLAGE OF OAK BROOK Minuts
REGULAR MEETING OF April 13, 2010
2) Ordinance 2010- PW -WA -S -1282, Limited Area Groundwater Ordinance
Prohibiting the Use of Groundwater as a Potable Water Supply by the
Installation or Use of Potable Water Supply Wells or by any Other Method in
a Designated Area of the Village of Oak Brook, Illinois.
3) Ordinance 2010WA -G -921, An Ordinance Amending Chapter 5 of Title 8 of
the Village Code of the Village of Oak Brook, Illinois Relating to Water
Charges.
4) Resolution 2010 -LY -R -1073, A Resolution Authorizing and Directing the
Oak Brook Public Library to Participate in the Non - resident Library Card
Program from July 1, 2010 to June 30, 2011.
5) Ordinance 2010- LY -EXI -S -1281, An Ordinance Adopting a Revision of the
General Policy for the Oak Brook Public Library.
G. Award of Contracts:
1) Police Department Uniforms and Equipment
H. Monthly Treasurer's Report — February 28, 2010
I. Intergovernmental Agreement for Fire Department Communications Network
J. Contract Change Order Slurry Seal Safety Path Project
K. Deerpath Woods Subdivision Acceptance of Subdivision Improvement — Reduction
in Subdivision Security
7. ITEMS REMOVED FROM CONSENT AGENDA — Trustee Saiyed requested that
item 6A -I be removed pending further discussion.
Motion by Trustee Zannis, seconded by Trustee Wolin, to approve the Consent
Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
Trustee Saiyed asked Village Manager Niemeyer to explain the legal services that
Seyfarth Shaw, LLP is providing. Mr. Niemeyer explained that the services provided
by the law firm are basically workmen's compensation issues. And had the Village
not fought some cases and won, the settlement the Village would have paid out would
have been extremely high.
Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the payout to
Seyfarth Shaw, LLP. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
VILLAGE OF OAK BROOK Minutes 3
REGULAR MEETING OF April 13, 2010
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
8. BOARD & COMMISSION RECOMMENDATIONS:
A. Akhtar — 10 Kingston — Variations to the Front, Side and Rear Yard Setbacks
requirements to Accommodate Portions of the Roof Overhang.
Trustee Moy stated that this item was removed from the consent agenda at the March 9,
2010 meeting. Trustee Moy explained that there is an encroachment of 6 inches with a
width of approximately 3 feet of overhang; a 17 foot section extends beyond the 19
inches and that 60 feet length of overhang which extend out by 13 inches. Trustee Moy
recommended the motion to initiate deliberations and moved to concur with the Zoning
Board of Appeals where it passed with a four to two vote. Trustee Akitipis seconded the
motion.
Trustee Wolin asked Attorney Sterk if the Village would be setting a precedent, which
Attorney Sterk replied, no more so than any other granted variation.
Trustee Carson said he appreciated Trustee Moy's comments, but unfortunately the
builder was given prior notice and construction proceeded. Trustee Carson said that
consistency is extremely important and it would be a lot easier if construction hadn't
continued after the Village gave notice to the builder. Trustee Carson commented that it
will be a difficult decision, though will vote appropriately.
Trustee Aktipis said he shares Trustee Carson's concerns relative to the Community
Development Department enforcing the Village code. And will vote along those lines.
Trustee Saiyed asked the homeowner as to why is the house completed and now is asking
for a variance. Mr. Robert Kirk, as the architect on the project spoke for Mr. Akhtar, the
homeowner. Mr. Kirk gave a quick background of his previous projects in Oak Brook.
Mr. Kirk then quoted the ordinance and state that Oak Brook does allow for variations of
the ordinance. Mr. Kirk explained that they received the permit and once the foundation
was poured, the inspector came out and informed him that it didn't allow for roof
overhangs. Mr. Kirk stated that this is the first time he has heard this in all the towns he
works in. So he did what he thought was the right thing and asked for a true definition
and went back and forth with Bill Hudson in the Community Development Department,
then filed for the variations. He stated that the code is not clear on the issues. All the
towns surrounding Oak Brook do allow for roof overhangs. He is asking for a very
minor variation with will not affect the neighbors.
Trustee Moy motioned to approve the variations for Akhtar — 10 Kingston, seconded by
Trustee Aktipis. ROLL CALL VOTE:
Ayes: 4 - Trustees Carson, Moy, Saiyed and Wolin
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REGULAR MEETING OF April 13, 2010
Nays: 2 - Trustees Aktipis and Zannis
Absent: 0
Abstain: 0
Motion Carved
B. ITT Technical Institute — Transwestern — 800 Jorie Blvd — Special Use — Section 13-
1 OA -2- Schools: Nonresidential, Post Baccalaureate School. Trustee Moy moved to
concur with both the Zoning Board of Appeals and the Plan Commission and
motioned to approve the recommendation to allow ITT Technical Institute to operate
a non - residential school located at 800 Jorie Blvd. Trustee Carson seconded. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
C. York Road Development Partners LLC — 1800, 1802 and 1806 York Road —
Variation to Allow Additional Temporary Marketing Signage on the Property.
Trustee Moy moved to concur with the Zoning Board of Appeals and motioned to
approve additional marketing signage for York Road Development Partners LLC.
Seconded by Trustee Carson. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
9. UNFINISHED BUSINESS: None Presented
10. ACTIVE BUSINESS:
A. Confirmation of Appointments
1) Firefighter's Pension Fund Board — President Craig would like the Board to
approve to reappoint Sharon Dangles to the Firefighter's Pension Fund Board
for a term to expire in 2012. Trustee Aktipis motioned to approve, seconded
by Trustee Wolin to approve the reappointment of Sharon Dangles to the
Firefighter's Pension Fund Board. VOICE VOTE: Motion Carried
B. Ordinances & Resolutions — None Presented
VILLAGE OF OAK BROOK Minutes 5
REGULAR MEETING OF April 13.2010
C. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Public Works Efficiency Study — Trustee Wolin moved staff be authorized to
issue a request for proposal for a Public Works Efficiency Study, Trustee
Aktipis seconded. Trustee Moy questioned the cost of the study, Trustee
Wolin replied that it would go out to bid. Village Manager Niemeyer said that
there is $25,000 in the budget for this study, President Craig commented that
it may not cost that much. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
D. Award of Contracts
1) Pyrotechnics Agreement — Independence Day Celebration — Trustee Zannis
explained that in the past the Village has spent anywhere between $25,000 and
$30,000 for fireworks. The Village requested bids and they came in between
$35,000 and $36,000. The current proposals were seven minutes longer than
what we have had in the past. So we asked staff to interview the companies to see
if we could cut costs of the fireworks as our number one objective this year is to
make sure we do not lose money at this event. After discussions with the
companies who bid on the proposal, the companies trimmed the length of time of
the fireworks to twenty -three to twenty -five minutes from twenty -five to twenty -
eight minutes, and asked them to re -bid. It is recommended to award the contract
to Johnny Rockets Fireworks Display of Chicago. Motion by Trustee Zannis to
award the Pyrotechnics agreement to Johnny Rockets Fireworks Display of
Chicago not to exceed $25,000 pending attorney review, seconded by Trustee
Aktipis.
Trustee Carson asked what other communities do they serve. Sports Core
Director, Trey VanDyke replied that Bloomingdale for sure. Mr. VanDyke
apologized for not having the list of references available. Mr. VanDyke stated
that all of the bidders provided a list of references.
Trustee Saiyed commented on Trustee Zannis' hard work and. asked if we were
still short of sponsors, Trustee Zannis replied that she feels better we will break
even or better, though there are a lot of variables like parking and weather. We
will continue to whittle away at expenses and seek sponsorships for the event.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
VILLAGE OF OAK BROOK MinutLs 6
REGULAR MEETING OF April 13, 2010
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
E. Intergovernmental Agreement — Oak Brook Park District — Trustee Carson said this is
the good first step between the Village and the Park District. The benefits for both
Park District and Bath & Tennis Club members would be enrollment fees waived and
discounts depending on types of memberships purchased. The Park District members
would be allowed to use the Bath & Tennis Club pools during the annual maintenance
period and the Bath & Tennis Club members would be allowed to use the Park
District indoor pool in the event of bad weather. Trustee Carson moved to adopt an
intergovernmental agreement between the Village of Oak Brook and the Oak Brook
Park District, to extend recreational opportunities and memberships between the Park
District and the Sports Core for the mutual benefit of their members and residents,
seconded by Trustee Zannis. Trustee Saiyed commented that the Park District Board
has already approved the agreement. Trustee Saiyed said he would like to see more
opportunities between the Park District and the Village so that both operations could
run more efficiently. Public Works Director Mike Hullihan added that the Village
would be working in conjunction with the Park District with patching bike paths,
loaning equipment and work on the underpass drainage project. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Motion Carried
In regards to the 10 Kingston variation discussion stated, it is the Board's
responsibility to make sure that we learn from this experience and make sure it is
clear, and if the majority of the board thinks a particular ordinance is unclear, she
would like to direct staff to rewrite the ordinance and bring us language that helps
them better evaluate documents, helps the board make decisions. Trustee Zannis
would like to make a motion to direct staff to review and rewrite ordinances that are
unclear and to bring forth suggestions for future clarifications. Trustee seconded.
President Craig said he thought that was an excellent suggestion. VOICE VOTE:
Motion Carried
11. INFORMATION & UPDATES
A. Village Manager — Dave Niemeyer stated that the recycling bins received through a
grant have been delivered to the residents. Rania Serences, Purchasing Clerk, is the
liaison between the Village and Allied Waste and those residents who have not yet
received their recycling bins or would prefer not to use them, please call Rania at
630 - 368 -5164.
VILLAGE OF OAK BROOK Minutes 7
REGULAR MEETING OF April 13, 2010
B. Village Clerk — Stated that 79% of the census forms have been completed and
returned. Village Clerk Pruss asked those who have not yet returned theirs to do so
before Friday. Clerk Pruss also said that for those who do not return their forms,
census workers will begin going door to door.
C. Trustee Saiyed — Reiterated that the Village Board has done a good job.
D. President Craig — Extended to the Public Works Department, a thank you on behalf of
the Village Board and residents for a great job with the snow removal.
12. 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) and 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). Trustee Zannis motioned, seconded by Trustee Wolin to adjourn to closed
session. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: 0
Absent: 0
Abstain: 0
Adjourned to closed session at 8:34 p.m.
13. ADJOURNMENT — Motion by Trustee Wolin, seconded by Trustee Aktipis, to
reconvene from closed session and adjourn the Regular Meeting of the Board of
Trustees at 10:52 pm. VOICE VOTE: Motion Carried
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes 8
REGULAR MEETING OF April 13, 2010