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Minutes - 04/28/2009 - Board of Trustees (2)MINUTES OF THE APRIL 28, 2009 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON MAY 12, 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 7:31 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 Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: Trustee James Carson. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Dale L. Durfey, Jr., Village Engineer; Sharon Dangles, Acting Finance Director;" Thomas McEllin, Fire Chief; Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police; Trey VanDyke, Sports Core Director and James Fox, Information Technology Manager. 3. PRESIDENT'S OPENING COMMENTS President Craig encouraged residents to apply for Board and Committee positions A. RESOLUTION OF APPRECIATION — ROBERT SANFORD Motion For Passage of Resolution R- 1040, A Resolution of Appreciation. VOICE VOTE: Motion carried. B. RESOLUTION OF APPRECIATION — JEFFREY KENNEDY Motion For Passage of Resolution R -1041, A Resolution of Appreciation. VOICE VOTE: Motion carried C. RESOLUTION OF APPRECIATION — KATHRYN MANOFSKY Motion For Passage of Resolution R -1042, A Resolution of Appreciation. VOICE VOTE: Motion carried VILLAGE OF OAK BROOK Minutes Page 1 of 14 REGULAR MEETING OF APRIL 28, 2009 4. RESIDENTNISITOR COMMENT Resident Cathy Giangrasse congratulated the Board and staff for their actions addressing the current economy and how it affected the Village budget, their foresight in dealing with tree pests and their labors in bringing new businesses into the Village. She also admonished candidates who sent misinformation to the residents regarding these issues. Resident Asif Yusuf also thanked the trustees leaving the Board for their hard work and encouraged the new board to continue the good works begun. 5. APPROVAL OF MINUTES A. RESCHEDULED REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 13, 2009 B. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 27, 2009 C. RESCHEDULED REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 10, 2009 D. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 24, 2009 E. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 10, 2009 F. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 17, 2009 G. COMMITTEE OF THE WHOLE MEETING OF MARCH 23, 2009 H. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 24, 2009 I. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 14, 2009 Motion by Trustee Kennedy, seconded by Trustee Wolin, for approval of minutes of the Rescheduled Regular Board of Trustees Meeting of January 13, 2009; Regular Board of Trustees Meeting of January 27, 2009; Rescheduled Regular Board of Trustees Meeting of February 10, 2009; Regular Board of Trustees Meeting of February 24, 2009; Regular Board of Trustees Meeting of March 10, 2009; Special Board of Trustees Meeting of March 17, 2009; Committee of the Whole Meeting of March 23, 2009; Regular Board of Trustees Meeting of March 24, 2009 and the Regular Board of Trustees Meeting of April 14, 2009. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 2 of 14 REGULAR MEETING OF APRIL 28, 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 APRIL 24, 2009 - $6195735.47 SIGNIFICANT ITEMS INCLUDED IN ABOVE: 1) Legal Bills a) Odelson Sterk, For Services In January And March, 2009, Regarding Mucha Civil Rights Case (Irma), In The Amount Of $1,200.86 b) Odelson Sterk, For Services In March, 2009 In The Amount Of $19,662.42 c) Seyfarth, Shaw, For Services In March, 2009 In The Amount Of $15,515.33 2) DuPage Water Commission - $112,334.28 3) James J. Benes & Associates - Payout #2 — 35th Street Water Main Replacement Design - $12,426.84 4) Oak Brook Area Chamber Of Commerce — Overnight Stays Project - $20,000 B APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 18, 2009 - $678,198.90 C. COMMUNITY DEVELOPMENT REFERRALS — None presented. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented. E. BUDGET ADJUSTMENTS — None presented. F. TREASURER'S REPORT — MARCH, 2009 G. RESOLUTION R -1044, A RESOLUTION FOR THE APPROVAL AND RELEASE OF CLOSED MEETING MINUTES The Open Meetings Act requires that all public bodies shall keep written minutes of all their meetings, whether open or closed. The public body shall periodically, but no less than semi - annually, meet to review minutes of all closed sessions that had not been released to the public. At this time, it is necessary for the Board of Trustees to review minutes so that they may be released to the public by Resolution. The minutes have been redacted regarding the necessary sections of the meetings from June. 2008 through December, 2008 for those items that are still pending and require continued confidentiality. The recommendation was to approve Resolution R -1044 which approves and releases minutes from June through December of 2008. VILLAGE OF OAK BROOK Minutes Page 3 of 14 REGULAR MEETING OF APRIL 28, 2009 6. G. The requested action was for passage of Resolution R -1044, A Resolution for the Approval and Release of Closed Meeting Minutes H. APPROVAL OF DECLARATION OF STORMWATER FACILITIES EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS — MCDONALD'S RE- DEVELOPMENT — 2111 MIDWEST ROAD McDonald's applied to the Village to re- construct the existing restaurant at 2111 Midwest Road. That application included a stormwater permit to bring the entire site up to current code requirements, which included the construction of a detention basin. This Declaration places the responsibility of the maintenance and functionality of the stormwater facilities on the owners of the property. The requested action was that the Village Board approve the Declaration of Stormwater Facilities Easements, Covenants, Conditions and Restrictions for 2111 Midwest Road. I. RELEASE OF 2009 FIRST QUARTER HOTEL /MOTEL TAX RECEIPTS The Oak Brook Hotel, Convention and Visitors Committee, by a poll vote of the Committee members on April 22, 2009, recommended that $14,443.35 be released to the DuPage Convention & Visitors Bureau. This amount represents 20% of 1% of the 2009 first quarter hotel tax receipts. The requested action was that the Village Board authorize the release of 20% of 1% of the 2009 first quarter hotel tax receipts to the DuPage Convention & Visitors Bureau in the amount of $14,443.35, as recommended by the Oak Brook Hotel, Convention and Visitors Committee. J. RESOLUTION R - 1045, A RESOLUTION APPROVING THE FINAL PLAT FOR THE MCDONALD'S SPRING ROAD RESUBDIVISION NO. 3 AND A VARIATION FROM SECTION 14 -6 -3 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK — 1120 22" STREET AND 2105 SPRING ROAD At the April 14, 2009 meeting, the Village Attorney was directed to prepare a resolution granting approval of the Final Plat for the McDonald's Spring Road Resubdivision No. 3 including a variation to the Subdivision Regulations for the property located at 1120 22 "d Street and 2105 Spring Road. The requested action was for passage of Resolution R -1045, which approves the Final Plat including a variation to the Subdivision Regulations for the McDonald's Spring Road Resubdivision No. 3 for the property located 1120 22"d Street and 2105 Spring Road. VILLAGE OF OAK BROOK Minutes Page 4 of 14 REGULAR MEETING OF APRIL 28, 2009 6. K. ORDINANCE S -1262, 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 The ordinance requests the authorization to sell surplus items through an online auctioneer run by the State of Illinois, known as iBid. They are as follows: SURPLUS ITEMS FOR SALE 20 CPU P4 -1.8 GHZ (ITS Department) 23 LCD'S 15" (ITS Department) 2 Genicom Printers (Finance Department) 2 Computer Server Racks (ITS Department) 2 Parabody Serious Steel Pulldown Exercise Machines (Fire Department) Various Weight plates (51b - 25 lbs) (Fire Department) 1 2001 Crown Victoria (Police Department) 1 1998 Chevy Malibu (Public Works Department) 1 1994 Jeep Cherokee (Public Works Department) These items have reached the end of their useful life and have been replaced by either newer models or models reallocated from other departments within the Village. The Village will first register these items with iBid. The Village has used iBid in the past and the experience was favorable. If no bids or inadequate bids are received through the online auction, staff will advertise for bids. If no bids are received the items will be disposed of The ordinance also requests the authorization to donate surplus items that have no value. They are as follows: SURPLUS ITEMS FOR DONATIONS 83 CPU P3 -800 or less (ITS Department) 4 CPU Portable P4 -1.6 GHZ or less (ITS Department) 10 Servers (ITS Department) 1 WYSE Terminal (ITS Department) 2 CD Towers (ITS Department) 50 Monitors 15 ", 17" & 19" (ITS Department) 6 LCD'S 15" & 17" (ITS Department) 8 Point of Sale Cash Drawers (Golf ) 1 Optical Storage Library (Library) 5 Point of Sale Keyboards (Golf) 14 Deskjet, Laser, Dotmatrix Printers (ITS Department) 9 Point of Sale Receipt Printers (Golf) ' 4 Scanners (ITS Department) VILLAGE OF OAK BROOK Minutes Page 5 of 14 REGULAR MEETING OF APRIL 28, 2009 6. K. These items have reached the end of their useful life and have been replaced by newer models. They will be donated to PCRR (Home of Computers for Schools) in Chicago, Illinois. PCPP will send a truck to pickup the items at no cost to the Village and will recycle any equipment that cannot be used. Hard drives and operating systems on CPU units, laptops and servers that the Village will either sell or donate will be removed and disposed of separately. The requested action was for passage of Ordinance 5 -1262, 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 L. RESOLUTION, A RESOLUTION IN SUPPORT OF LEGISLATION RELATIVE TO A COMPREHENSIVE CAPITAL INFRASTRUCTURE PROGRAM The Comprehensive Capital Infrastructure Program legislation, pending in the Illinois General Assembly, is long overdue and will include the remaining funds needed for the widening of West 22nd Street from Illinois Route 83 to Illinois Route 56. The requested action was for passage of Resolution -1043, A Resolution in Support of Legislation Relative to a Comprehensive Capital Infrastructure Program. M. AGREEMENT FOR HOTEL COMMITTEE'S WEBSITE DEVELOPMENT AND MAINTENANCE Over the past few years the Oak Brook Hotels Committee has been slowly shifting from print media to the Internet with the assistance of Point b, the Committee's marketing consultant. During the Committee's 2009 budget process the Marketing Sub - committee reviewed and recommended that the group's website be updated and that an alternative consultant to Point b be considered. Earlier this year the Hotel Committee concluded that by using another service provider they would be able to save significant dollars, while providing the Committee with additional data. It is the Hotel Committee's desire that these savings, estimated to be around $20,000, not be re- allocated to other marketing areas, but be returned to the depleting reserve fund. This will bring the Committee's recent approved request from $250,000 down to $230,000 or less. An Oak Brook business, BridgePoint Technology, was then identified as a preferred vendor that is used by the Greater Oak Brook Chamber of Commerce, interviewed and selected. As described in the Statement of Work from BridgePoint Technologies, they will provide development assistance to the Village of Oak Brook on our professional website for the Oak Brook Hotels. Specifically, BridgePoint will re- design the existing site, host the site, train our staff on how to update the site, as well as provide search gngine optimization (SEO), search engine marketing (SEM), Pay - Per -Click (PPC) and Search Engine Results Page (SERP). VILLAGE OF OAK BROOK Minutes Page 6 of 14 REGULAR MEETING OF APRIL 28, 2009 6. M. Staff concurs with the Oak Brook Hotel Committee's recommendation to have an alternative consultant (BridgePoint Technologies) provide professional assistance at a greatly reduced cost. Website Terms and Definitions Search Engine Optimization or Search Engine Optimiser (SEO) refers to the study and business of improving search engine rankings in (unpaid) search engines. Depending on the end users' geographic location and interest /industry, SEO tends to target different search engines and types of search, including multimedia search (image, video, audio), industry specific `vertical' search, local search and social search. In most cases SEO is performed under the assumption that a better SERPs (Search Engine Result Pages) result will increase traffic to a website. Search Engine Marketing (SEM) is the direct mail of internet marketing. While some experts believe that SEM's main purpose is awareness campaigns, most people use SEM for directing traffic to a specific landing page and concentrating on conversions. SEM can be very expensive but performance can be easily monitored and campaigns can be modified quickly. Search Engine Marketing (SEM), also known as Paid Search or Pay- Per -Click (PPC), is paid placement of ads on a Search Engine Results Page (SERP). By paying more, the advertiser can position their,ads in the top spot on the search engine results page. Currently, Google has the highest market share of search with 78.23% followed by Yahoo with 11.23% of search and MSN with 5.36% (1). The requested action was that the Village Board approve the Agreement for Professional Services and the Statement of Work with BridgePoint Technologies, subject to staff and attorney review, to provide development and maintenance assistance to the Oak Brook Hotels Committee's professional website located online at www.oakbrookhotels.com Motion by Trustee Kennedy, seconded by Trustee Wolin, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8 BOARD & COMMISSION RECOMMENDATIONS — None presented. 9. UNFINISHED BUSINESS VILLAGE OF OAK BROOK Minutes Page 7 of 14 REGULAR MEETING OF APRIL 28, 2009 9. A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) 2009 DRAINAGE PROJECT — PART A Seven sealed bids were opened on Friday, April 17, 2009. Bid packages were picked up by ten companies. The Village has worked with Prime Construction Inc. on the 2008 Drainage Project and they have performed adequately. This project consists of regrading the grassy area along the street in front of 704 Acorn Hill Lane, installing a 6" underdrain with inlet at each end between the two driveways at 25 Royal Vale Drive and installing a 4" pipe from the edge of the lake to past the paved pathway at 131 & 133 St. Francis Circle. Work on this project is scheduled to begin mid -May and be completed mid -June. Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board award a contract to the lowest responsive and responsible bidder, Prime Construction Inc., Hampshire, Illinois, subject to staff review, for the 2009 Drainage Project - Part A based on the unit prices listed on the bid tabulation, for an estimated total contract price of $27,780. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. 2) REPLACEMENT POLICE VEHICLE Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The vehicle being purchased will replace Unit 302, a 2007 Ford Expedition used by the Police Department as a Supervisor Vehicle. It was totaled as a result of being struck by a civilian vehicle while in service in late December 2008. The vehicle carried additional equipment necessary to the performance of Police duties. The Village recovered $17,675 from IRMA for the vehicle and is attempting to recover additional funds for the damage of the vehicle in addition to standard police equipment that was inside at the time of the accident. Because of the crash, we now only have Unit 301(2006 Ford Expedition with an odometer reading of 48,000) to carry this equipment. Unit 301 is now needed twenty -four hours a day /seven days a week which will cause it to deteriorate faster than expected. Additionally, unit 301 is currently out of service due to engine problems. VILLAGE OF OAK BROOK Minutes Page 8 of 14 REGULAR MEETING OF APRIL 28, 2009 9. C 2) The Public Works Head Mechanic highly recommended the purchase of the Chevrolet Tahoe over the Ford Expedition. Chevrolet offered a police engineered package which included dedicated electrical wiring for police equipment, heavy duty suspension, engine oil coolers, and transmission coolers which extend the life of vital and costly power -train components. The Ford Expedition is a civilian vehicle that does have the availability of the heavy duty options that are necessary for a police department vehicle. Additionally, the Ford Expeditions that the Village currently owns have been very costly to repair and maintain, having either engine replacements or costly engine repairs. Staff also reviewed the reallocation of currently owned vehicles, but none met the criteria necessary for a heavy duty police supervisor vehicle. The only close currently owned vehicle is a Ford Explorer, but it is not comparable in size to an Expedition or Tahoe, was not police package equipped, is 4 years old, and has an odometer reading of 85,000. Also, the costs associated with painting, striping and equipping the Explorer would exceed the changeover cost of both the Expedition and Tahoe. The recommended 2007 Chevrolet Tahoe is a new vehicle that has necessary options that the 2009 model does not offer (per contract). Fuel efficiency of the Tahoe is 15 mpg city and 21 mpg highway, which is very comparable to the Expedition (14 mpg city and 20 mpg highway). The warranty will not begin until the Village takes possession of the vehicle. In addition to the purchase price for the vehicle, there will be additional costs of approximately $6,000 for the necessary interior police equipment that is currently standard in all marked police vehicles, making the total project cost approximately $35,000, which is slightly higher than the 2010 scheduled replacement budget of $31,000. However, since the Village's insurance agency (IRMA) has already issued the Village $17,625 for the value of the totaled vehicle, the real cost of the vehicle will be approximately $18,000 or lower based on any additional funds IRMA will might be able to obtain from the civilian's insurance company. Delivery is expected approximately 60 days after receipt of order. Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Miles Chevrolet, Decatur, Illinois for one new 2007 Chevrolet Tahoe in the amount of $28,725. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. VILLAGE OF OAK BROOK Minutes Page 9 of 14 REGULAR MEETING OF APRIL 28, 2009 9 C. 3) MASTER DISCOUNT AGREEMENT — SOUND, INC. The proposed Master Discount Agreement (MDA) has been negotiated by the Village's consultant, David Wilson, Wilson Consulting to provide continuing and improved telephone service rate discounts. The Village issued a Request for Proposal on March 27, 2009 for Telephone Company Services, and seven (7) companies' submitted proposals. Proposals were received from the following companies: AT &T, ATI (agent for Access One), CallOne, CIMCO, Empire Technologies, Midco, Inc. (agent for Access One), and Sound, Inc. (agent for CallOne). After evaluating the proposals, Wilson Consulting recommended that the Village enter into a 36 -month agreement with Sound, Inc. as an agent for CallOne for the services covered by the Request for Proposal. The key factors that led to this decision were: • All of the Village's services will continue to be provided by AT &T. This will maintain continuity and avoid the challenges associated with installing new services from another company (such as CIMCO) to replace services currently in operation. • While not the least expensive proposal over the contract period, the recommended provider is the proposer with the best overall value, and the Village's annual telephone service costs will be reduced by a total of 16.8% ($27,178.78) over the (3) year term. • Should AT &T (direct channel) become more competitive when the Village seeks proposals again in (3) years, there will be few if any difficulties to convert from CallOne. Finally, this agreement replaces a similar agreement approved by the Village in June 2006 with AT &T. The proposed new agreement reflects the types of telephone services required by Village operations, but is with a reseller of AT &T local and global network services. Trustee Wolin felt it was important to stay with AT &T. Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board approve a Master Discount Agreement with Sound Inc., Naperville (Agent CallOne) for discounted telephone services, subject to staff and attorney review, as further described in the agreement. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. a VILLAGE OF OAK BROOK Minutes Page 10 of 14 REGULAR MEETING OF APRIL 28, 2009 9. D. POLICE AND FIREFIGHTERS' PENSION FUND ACTUARIAL STUDIES An actuarial study of the Police Pension Fund and Firefighters' Pension Fund is performed annually in order to monitor the funding progress of the two funds as well as determining the Village's contribution for the coming year. Since it is in both the Village's interest and the two pension fund's interest that these studies be performed, 50% of the cost of each study is paid for by the Village and 50% is paid for by the respective pension fund. The studies presented were once again performed by Timothy W. Sharpe, Actuary. The actuarial study process begins with the Finance Department providing the actuary with participant salary, contribution, and service credit data. From there, the actuary calculates various scenarios based on prior actuarial assumptions as well as what the impact would be for various changes in actuarial assumptions. The actuary then attends a meeting with each respective Pension Board where the preliminary results and various changes in actuarial assumptions are discussed. Based on the direction given at the meeting, the actuarial studies are then completed and a funding request is forwarded to the Village Board (ultimately responsible for funding the pension programs). The following is a brief summary of the two reports: Police and Fire Pension Funds As a recap to the Power Point presentation given by Darrell Langlols at the March 10th meeting, the 2009 budgeted contribution rate was 24.00% for Police and 30.00% for Fire. After the actuarial results were completed in early 2009 it was known that the budgeted contribution rates were too low as they can be hard to predict with the state of the economy. The revised contribution rates would be 27.72% for Police and 32.35% for Fire assuming that we would keep the interest rate at 7.50% and the Salary at 5.25 %. This would cause the budget to be over by a total of $182,007 for both Pension funds with $120,784 for Police and $61,223 for Fire. The Police and Firefighters' Pension Board requested lowering the investment return assumption from 7.5% to 7.0% and to partially offset the cost of this change, both Boards also recommended lowering the long -term salary increase assumption by 0.50 %. The revised contribution rates would be 31.46% for Police and 36.03% for Fire, for a total over budgeted amount of $399,312 for both Pension funds. For Police this would cause $242,217 to be additionally funded and $157,095 for Fire. At the March 101h Board meeting, the Village Board directed staff to look at the results for lowering the investment return from 7.50% to 7.00% and lowering the salary increase assumption from 5.25% to 4.25 %. The revised contribution rates would be 30.21% for Police and 35.44% for Fire. The additional amount to be funded for Police would be $201,631 and $141,724 for Fire with a total amount of $343,355. VILLAGE OF OAK BROOK Minutes Page 11 of 14 REGULAR MEETING OF APRIL 28, 2009 9. D. The recommended Village contribution of 30.21% (Police) and 35.44% (Fire) of payroll for 2009 is above the 24.00% (Police) and 30.00% (Fire) of payroll used in preparation of the 2009 Budget. In 2009 the Village has continued to contribute to the Police Pension Fund at the 2008 rate of 18.60% and 25.10% for the Fire Pension Fund. Practice has been that the contribution rate is made retroactive to January 1. If the contribution rate of 30.21% is approved, • a retroactive payment of $114,352.15 will be made to the Police Pension Fund. If the contribution rate of 35.44% is approved, a retroactive payment of $79,762.19 will be made to the Fire Pension Fund. Due to this increase a budget transfer later in the year will be required. Further delay on this issue will cause the Village not being issued the Comprehensive Annual Financial Report (CAFR) by our auditing firm until a decision is made. The CAFR is needed to file numerous reports with state agencies that have deadlines to be met and it can also inhibit us from receiving the GFOA Certificate of Achievement Award if not filed timely. The Village has successfully obtained the Certificate of Achievement for 30 consecutive years. Trustee Wolin asked whether in light of the current economic situation whether the terms of this recommendation could be changed in the future. Staff responded that changes could be made, but it was important to made a recommendation at this time in order to complete the audit. Motion by Trustee Wolin, seconded by Trustee Kennedy, that 1) The Village Board accept the actuarial reports of the Police Pension Fund and Firefighters' Pension Fund and 2) The Village Board approve a Village contribution of 30.21% of payroll for police officers and 35.44% for firefighters retroactive to January 1, 2009 ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. E BUTLER NATIONAL GOLF CLUB — THIRD MODIFICATION OF USE OF GOLF PRACTICE AREA EASEMENTS On March 24, 2009 the Village Board authorized the Village attorney to draft a Third Modification of Use of Golf Practice Area Easements which alters the current agreement with Butler National Golf Club (Second Modification of Use of Golf Practice Area Easements) with the following modifications: Butler National GC agrees to pay an additional $15,000.00 in lease payments in 2009. Butler National GC further agrees to 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. VILLAGE OF OAK BROOK Minutes Page 12 of 14 REGULAR MEETING OF APRIL 28, 2009 9.E. The Village agrees to allow the construction of target greens on Field #2 (Parcel 4) within the Sports Core. • Butler National GC accepts the responsibility and cost of maintaining Parcel 4. • The Village agrees to remove the pre- emptive polo use provision, and further agrees to limit the Village's use of Field #2 for special events to the Highland Games and the Village's Independence Day activities 'during the term of the agreement. Trustee Manofsky reported that the Village Attorney had been unable to complete the agreement. Trustee Kennedy stated that he would not approve an agreement that he had not seen. Trustee Wolin asked if a two week delay would cause difficulty for Butler National Golf Course. Village Manager David Niemeyer responded that he did not believe a two week delay would be problematic, but beyond that it could delay required work that would negate the use of the fields for Butler. Motion by Trustee Manofsky, seconded by Trustee Sanford, that the Village Board continue approval of this agreement until a completed agreement is provided. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 - Trustee Carson. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS — None presented. 11. INFORMATION & UPDATES A. VILLAGE MANAGER — Manager Niemeyer thanked Trustees Manofksy, Kennedy and Sanford for their support. B. VILLAGE CLERK — Clerk Pruss also thanked the trustees and reported that the Census Bureau will be having representatives canvassing homes in Oak Brook. C VILLAGE PRESIDENT — President Craig also thanked the leaving trustees and invited attendees for cake and coffee after the meeting. VILLAGE OF OAK BROOK Minutes Page 13 of 14 REGULAR MEETING OF APRIL 28, 2009 11. D. TRUSTEES — Trustees Manofsky, Sanford and Kennedy thanked staff, residents and other Board Members for their support. They also commented on their accomplishments including the Commercial Revitalization efforts. 12. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Saiyed, to adjourn the Regular Meeting of the Board of Trustees at 8:21 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 14 of 14 REGULAR MEETING OF APRIL 28, 2009