Minutes - 05/19/2009 - Board of TrusteesITEM 5A,
MINUTES OF THE MAY 19, 2009 SPECIAL MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON
JUNE 23, 2009.
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 7:03 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 Stelios Aktipis, James Carson, Mark
Moy, Moin Saiyed and Gerald Wolin.
ABSENT: Trustee Elaine Zannis.
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, Fire Chief, Michael
Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and
Trey VanDyke, Sports Core Director.
Trustee Zannis entered the meeting.
3. SALT CREEK/GRAUE MILL DAM
Village Manager Niemeyer announced that there would be a presentation from the Salt
Creek Workgroup. He indicated that recently a report was issued discussing some issues
regarding the degradation of the Salt Creek Dam. The group will present some of the
findings of that report and eventually will be reporting to the IEPA at the end of the
month. He added that this was the opportunity for the public and the Board to provide
input.
He introduced Mr. Dennis Streicher the Director of Water and Wastewater for the City of
Elmhurst and currently the President of the DuPage River Salt Creek Workgroup. He
added that a major interest of his has been the quality of Salt Creek Water. He reported
that the quality of the water is considerably better than it had been 37 years ago when he
began working in this area. He also described additional experience he has had in the
field. He introduced Mr. Stephen McCracken, a staff member for the workgroup who
works with the Conservation Foundation as a water quality specialist and environmental
scientist.
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3. Their presentation would focus on some obligations the Clean Water Act has required, the
formation and goals of the DuPage Workgroup, the problem analysis, the options and
alternatives.
A study has shown that Salt Creek was not meeting the goals of the Clean Water Act and
that the stream was impaired for aquatic life. IEPA recommended a number of
approaches including removal of three dams as a potential solution. He added that the
three dams are sources of water quality impairment.
Two major stressors within Salt Creek are the water chemistry, which is referred to as
dissolved oxygen, and the stream biology, which is simply the aquatic life in the stream.
IEPA measures the quality of a river by the biodiversity which is a direct function of the
habitat.
He indicated that there were three years of very detailed data of chemical analysis, but
that Stephen McCracken would summarize those findings. Mr. McCracken began by
indicating that the study did not just look at Graue Mill, but other components also.
However, the presentation would focus on Graue Mill because this was the Village of Oak
Brook's concern.
He specified that the State standard for dissolved oxygen is 5 mg per liter. The lowest
dissolved oxygen count was at Graue Mill. Several models were used to portray how the
dissolved oxygen count could be increased.
The other feature they studied was fish biodiversity. Fish biodiversity was shown as poor
downstream of the dam. He demonstrated that habitat was a determining factor for
biodiversity of fish and bugs which dams damage. Dam areas become a habitat for algae
which in turn leads to dissolved oxygen problems.
Mr. Streicher acknowledged that another aspect to the community of Graue Mill is the
historic value, however water quality must be addressed. He summarized other options
that might mitigate the issues. One solution was to simply aerate the pond which would
solve the dissolved oxygen issue in an artificial way. A problem with that solution is the
cost. He addressed the costliness of improving water quality through changes in
wastewater management. He offered other solutions that had been looked at, but that
were not effective. Another option was to breach the dam, not completely demolish it,
which provided compliance with the standards and still maintain the historic structure and
would be the least expensive. It would still allow for the turning of the water wheel. An
additional option was bridging the dam which would maintain the flow and some of the
structure, but there could be water quality issues during dry years and it changes the
appearance of the dam significantly and may in the future become an attractive nuisance
and is more costly.
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3. He described the process of the report and its recommendations. He emphasized that
recommendations would be based on cost effectiveness but also would be sensitive to
residents' concerns.
4. RESIDENT COMMENTS
Resident Thomas Doyle thanked the Board for providing the opportunity to hear the
presentation by the Workgroup. He asked the Village Board to look at the
recommendations in terms of the value of the historical structure to the community. He
felt that the recommendations would destroy the historical site. He asked the Board to
defend the historical integrity of the area.
Resident Rich Allison, representing 2,000 members of Fullersburg Woods Area
Association, disagreed that the reasons these changes were being considered were
important enough to destroy this historical site which he felt would decrease home values
in the area and destroy tourism.
Resident Joseph Rush also addressed the importance of the reasons for changing the dam
and the adverse effects to the community. He offered another resolution to the problem.
Trustee Wolin asked whether staff needed direction regarding how it should vote
regarding approval of the report at the Workgroup's meeting of June 24. Staff suggested
that after a final draft of the report was presented that the Board review it and make a
recommendation.
Trustee Zannis asked to review part of the presentation. She did not feel that the photos
representing the breach in the dam were accurate. She also asked whether permits would
be required to move dirt in Oak Brook. Village Engineer Durfey responded that there
were several permits required. Trustee Zannis asked Engineer Durfey to provide
information regarding how many permits would be required and what kind.
She also asked for information on the impact on property values of the surrounding
homes. She also felt that the Forest Preserve needed to provide the Village with their
position on this issue since the Dam was part of their property.
Trustee Wolin agreed and suggested that a formal vote be taken. Manager Niemeyer
suggested that staff invite the Forest Preserve to a meeting to discuss this issue.
Trustee Saiyed indicated that he would not be at the next meeting, but wanted to make it
clear that his position was against the report.
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5. ACTIVE BUSINESS
A. Butler National Golf Club — Third Modification of Use of Golf Practice Area
Easements
Trustee Carson reported that this had been discussed previously as a result of the
cancellation of Polo for 2009. Sports Core Director Trey Van Dyke offered an
alternative from Butler National Golf Club to use the facility previously unavailable
to them for additional fees. Therefore the previous agreement with Butler National
Golf Club was modified to include an additional $15,000 in lease payments for
2009, $20,000 for 2010 and $25,000 for 2011. He added that the Village could
cancel the agreement at any point with six months notice, so it was not actually a
three year commitment if the Village found a better use for the area or believe there
should be better terms.
Trustee Carson added that apparently some individuals felt that this agreement
should be a six figure deal, but after considerable discussion he felt that there is a
lot of misunderstanding of what the agreement included. He indicated that this was
a quick resolution for the revenues lost due to the loss of the Polo events and that
there were future avenues to pursue.
He asked Director Van Dyke if he wished to add anything to the discussion.
Director Van Dyke did not have anything to add other than to indicate that Butler
was able to add target greens to that area. He felt that considering the maintenance
costs that Butler was agreeing to take over he felt it was a fair agreement.
Trustee Carson added that the Village would limit its use of the Field #2 for special
events to the Highland Games and the Village's Independence Day activities. He
added that there had been some concerns about the agreement, but he felt the
agreement was well drafted, agreed to by the Village Attorney and there was a
clause in the agreement that would require the field to be restored to what it is today
in the event the agreement was terminated.
Motion by Trustee Carson, seconded by Trustee Zannis, that the Village Board
authorize a Third Modification of Use of Golf Practice Area Easements with Butler
National Golf Club. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
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5. B. Pyrotechnics Agreement — Independence Day Celebration
Trustee Carson explained that the agreement was with the company that the Village
had used for many years for the fireworks display. He added that they had done a
good job for the Village and has had a good history working with the Village. He
stated that the Village was proposing to waive the competitive bidding process. He
asked Sports Core Director Van Dyke to provide background and history which he
would not take the time to relay unless someone had a question. He reiterated that
the company had a good track record working with municipalities and various
programs throughout the years.
Motion by Trustee Carson, seconded by Trustee Zannis, to waive competitive
bidding and award a contract to Melrose Pyrotechnics for the 2009 Independence
Day Fireworks Display in the amount of $33,000. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. Business License Discussion
Trustee Saiyed indicated that there had been discussion about having licenses or
registration for businesses in Oak Brook. The purpose was to create an inventory
of who was doing business in Oak Brook, who was leaving the area and who was
coming into the area. It would provide a better understanding regarding the types
of businesses there are in Oak Brook in order to provide the services, public safety
or special programs appropriate to them. He added that it would not generate a
great deal of revenue because there would be costs associated with the program.
He stated that surrounding municipalities such as Elmhurst, Burr Ridge and Villa
Park do have registration or licensing requirement. He felt that the Board should
explore this. He , added that he had spoken with the Chamber of Commerce who
indicated that they had programs available for businesses. He explained that this
was for the Village's purpose to have a better understanding of the Village's
inventory.
Trustee Zannis stated that she had been supportive of this program for some time.
At one time the Village said that Oak Brook housed over 100 of the Fortune 500
companies. She felt that she was not sure we could claim -that any longer because
we really do not know. We do not know the average size of companies here, what
kind of company comes to Oak Brook, the average number of employees per
company. She felt these were important things. She felt that during marketing for
the Sports Core this was a huge audience and this information would be valuable.
In addition, when we were looking to seek sponsorship for events such as Taste of
Oak Brook we would know who our customers were. She stated that she was very
supportive of the program and would like to see it move forward.
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MAY 19, 2009
5. C. Trustee Moy stated that he had also spoken with the Chamber of Commerce and the
concern was the cost factor and another governmental intrusion where there would
be more cost to businesses. He felt that it was a perception. He was not aware
what the Village was thinking of charging for the licenses, but he felt that the
administrative costs and maintenance of the records would be substantial therefore
the charge of the license would be some monetary value and in the attempt to
attract businesses in this economic climate it could detract from the advantages of
moving to Oak Brook.
Trustee Saiyed responded that he felt the fees being considered were very nominal.
He added fees would not be charged for home businesses, practices that are highly
regulated or non - profit organizations.
Trustee Zannis, added that to plan staffing of Police, Fire and EMS it would be
valuable to know how many people were actually in the Village. She felt that if
the daytime business population has decreased by 40% over the past five years, but
public safety personnel have increased by 30% how can the Village know how to
staff those services if the Village is not aware of how the population is changing.
She did not feel that the nominal fees being considered would deter businesses.
Trustee Moy responded that the fees needed to be nominal and that it had to be
presented properly and diplomatically so prevent the perception regarding
licensing. He did agree that the information gathered would be valuable.
Trustee Saiyed assured that we would work with the Chamber of Commerce to be
sure not to duplicate programs. He did add that the Village needed revenues.
Trustee Moy agreed that it was valuable as a tool to gain information regarding the
businesses, but disagreed if it was to gain revenue. If it was to gain knowledge to
understand the business community, he felt it was fine. He felt that the Village
should not be attempting to soak the business community for every penny. He did
not want to nickel and dime them. He suggested we look at it with a very careful
eye.
Trustee Carson agreed with the gathering of information, but agreed with Trustee
Moy that if we could we should absorb the cost of administering the program
without having to charge the businesses. He felt that if that was not feasible, it
should be a very nominal fee.
Trustee Zannis did not feel that a $50.00 or $75.00 fee would deter businesses and
she felt that the data was the value. She agreed with Trustee Moy that it had to be
approached gently, professionally and the emphasis be on servicing our clients
needs.
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a
C. Manager Niemeyer provided history indicating that approximately two years ago
the Village had begun building the database. At the time he recommended not to
pursue this program partially because the position responsible for this program had
been vacated and it would be a cost savings not to fill that position. He agreed with
all of the comments, but if there was a desire to move forward with the program he
would look at appropriate charges and provide estimates as how to do it in regards
to staff. He added that it was important to remember that it was not to raise revenue
because you cannot charge more.than what it costs. He felt that he could provide
information by the second meeting in June.
Trustee Aktipis agreed with the general notion that this program pay for itself. He
wanted to get information, but does not want to have it cost the Village. He asked
for an analysis of potential costs incurred, estimate the number of businesses and
make sure that the fee would cover the costs.
D. Outsourcing B & T Grill
Trustee Zannis stated that this was regarding the Poolside Grill at the Bath and
Tennis Club pool. She asked Director Van Dyke to address the issue. Director Van
Dyke explained that the Board was provided an updated copy of the proposed
contract with DiLeo's Pizzeria that Village Attorney Sterk had prepared. He
indicated that he had not met with representatives from DiLeo's Pizzeria, but that
through telephone conversations with them he felt that the contract prepared by
Attorney Sterk was consistent with these conversations. He added that the Village
Manager would like the discretion of being able to make minor changes if
requested due to-the fact that time was of the essence since the following weekend
was the opening of the pool. He felt that the agreement would put forth a result
which should be considered positive both financially and from the perception
standpoint of the customers of the facility. He felt that during conversations at the
site the principles had already determined an individual to supervise the facility and
a commitment to talk with current staff that had already been engaged for the job to
attempt to engage some of, those individuals which would be positive for the
customers due to their familiarity with the facility and customers.
Trustee Zannis felt that privatizing this operation would be more profitable for the
Village because the contract included 20% of gross revenues as rent to the Bath &
Tennis facility. She felt that this was a way to make some money rather than lose
money, but more importantly the quality of the product, the customer service and
the experience at the Poolside Grill would be enhanced. She added that residents
were concerned about price point of the product and quality of staff. She wanted
staff to know that she felt it was how the operation was run, not just about making
money.
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MAY 195 2009
5. D. Director Van Dyke addressed the issue of price point of the product indicating that
the contract included language regarding industry standard for pricing, so he felt
that there was some leverage in the document to control their prices and keep them
at the same or near to what they were last year.
Trustees Saiyed and Wolin agreed that it was a wise decision to outsource the
Poolside Grill.
-Motion by Trustee Zannis, seconded by Trustee Carson, to authorize the Village
Manager and the Sports Core Director to enter into an agreement and start the
DiLeo's concession agreement as soon as possible. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Clerk Pruss announced the beginning of the Wednesday Buffets at the Bath and Tennis
Club. Clerk Pruss and President Craig commented on Memorial Day and thanked all
servicemen and women for their contributions.
6. 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 (2c 1).
Motion by Trustee Wolin, seconded by Trustee Saiyed, to 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 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.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
The Special Meeting was adjourned to Closed Meeting at 8:26 p.m.
7. ADJOURNMENT
Motion by Trustee Aktipis, seconded by Trustee Zannis, to adjourn the Special Meeting
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MAY 195 2009
7. of the Board of Trustees at 10:06 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 9 of 9 SPECIAL MEETING OF
MAY 19, 2009