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Minutes - 05/24/2011 - Board of TrusteesMINUTES OF THE MAY, 24 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 12, 2011. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Mark Moy, Gerald Wolin, Asif Yusuf and Elaine Zannis. ABSENT: Michael Manzo (arrived at 7:09 pm). IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief; Sue Madorin, Library Director; Steve Larson, Police Department Consultant; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. President Lalmalani stated that he attended the DuPage Mayors and Managers annual banquet, and the Homeowners Association meeting the previous week. He stated that Homeowners Association meetings will be held on a regular basis to keep in tune with residents' needs. He also stated that he will be traveling to Springfield with Trustees Zannis and Manzo, Manager David Niemeyer and two Homeowners Association Presidents to address the State's proposal to reduce or eliminate the Local Government Distributive Funds. 4. RESIDENTNISITOR COMMENT Susan McMahon, a non resident member of the Bath & Tennis Club for the past twenty years, stated that it will be a disservice to all members if resident membership fees are reduced. Resident Roland T. Kowa] congratulated Dr. Lalmalani on his presidency. Resident Kathleen Haszto addressed the negative impact a reduction of resident membership dues for the Bath and Tennis Club could have. Resident Kathy Marek stated her concerns with the proposed decreased resident membership dues for the Bath & Tennis Club. She stated that capital improvements should be made rather than giving residents a discount on membership dues. She also stated that members should be asked for their input on how to increase membership. VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF MAY 24, 2011 Lee Blaze, a non - resident member of the Bath & Tennis Club for 30 years, questioned why there is a 27% increase in non - resident membership fees and a proposal to reduce resident member fees. She asked that this be reviewed. Resident Angie Lopez stated that she and many other Bath & Tennis Club members would rather have the money used to improve the facilities to attract new members. 5'. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 26, 2011 Motion by Trustee Wolin, seconded by Trustee Moy to approve the Minutes of the Regular Board of Trustees Meeting of April 26, 2011. 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 PAY PERIOD ENDING MAY 20, 2011 — $597,061.50 Significant Items included in Above: 1) Clark, Baird, Smith, LLP — Legal Services — April, 2011 - $157.50 2) Hervas, Condon & Bersani, P.C. - Legal Services - April, 2011 - $1,795.74 3) DuPage Water Commission - April, 2011 - $146,633.79 B. APPROVAL OF PAYROLL 1) For Pay Period Ending May 14, 2011 - $654,256.00 2) For Special Fire Retro Payroll May 16, 2011 - $712,120.36 C. COMMUNITY DEVELOPMENT REFERRALS D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS E. BUDGET ADJUSTMENTS 1) Police Management to Police Investigations F. ORDINANCES & RESOLUTIONS 1) Ordinance 2011 -BU -S -1311, An Ordinance Amending the 2011 Budget G. AWARD OF CONTRACT 1) Old Butler School East End Wall Repair Project H. TRUSTEE LIAISON ASSIGNMENT VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF MAY 24, 2011 I. MONTHLY TREASURER'S REPORT— APRIL 30, 2011 J. VILLAGE MANAGER'S PURCHASING AUTHORITY Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. ITEMS REMOVED FROM CONSENT AGENDA Item 6 A. 2. Hervas, Condon & Bersani, P.C. - Legal Services - April, 2011 - $1,795.74 Trustee Manzo asked Manager Niemeyer to explain what the legal fees are for. Manager Niemeyer stated that fee is for two separate legal bills, one bill for fire contract arbitration and the other is for a police personnel matter. Motion by Trustee Manzo, seconded by Trustee Wolin to approve Item 6. A.2. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf and Zannis Nays: 1 — Trustee Manzo Abstain: 0 — None Absent: 0 —None Motion carried. Item G. 1. Old Butler School East End Wall Repair Project Trustee Wolin stated that Kathleen Maher has questions regarding this project. Kathleen Maher stated that the Historical Society is very pleased that the wall is being repaired and thanked the Village. She asked if the Village is following the historic guidelines for tuck pointing. Public Works Director Hullihan stated yes. Kathleen Maher also asked if the specifications require a sample mortar be mocked up before it is applied to insure that it will match the current mortar. Public Works Director Hullihan stated yes. Motion by Trustee Wolin, seconded by Trustee Aktipis that the Village Board award a contract, subject to staff review, to the lowest responsive and responsible bidder, Soumar Masonry Restoration, Inc., Elmhurst, Illinois in the amount of $46,830, as indicated on the attached tabulation, for the Old Butler School East End Wall Repair Project. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None VILLAGE OF OAK BROOK MINUTES Page 3 of I I REGULAR MEETING OF MAY 24, 2011 Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS — None 9. UNFINISHED BUSINESS —None 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) Oak Brook Hotel, Convention & Visitors Committee President Lalmalani stated that the Oak Brook Hotel, Convention and Visitors Committee is made up of ten members with terms that expire every February 28`h. The Committee consists of six persons who operate or manage a hotel in Oak Brook, one representative of the Oak Brook Chamber of Commerce, one representative of the Oakbrook Center and two residents. He recommended the appointments of Keith Hess, Lisa LaPlana, Norman Canfield, and Linda Hunt, and the reappointments of Chuck Fleming and Tracey Mulqueen. Motion by Trustee Manzo, seconded by Trustee Zannis to approve these appointments to a term that expires February 28, 2012. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) Resolution 2011 -LG -R -1100, A Resolution Opposing Reduction of Local Government Distributive Fund in Relation to State Collected Revenues Due Municipalities The Resolution was read by Clerk Pruss. Trustee Yusif stated that the Village's share of the state sales tax is on a per capita basis. He stated that what the State of Illinois is trying to do is wrong and that residents can call their elected state officials and voice their opinions. Trustee Moy stated that in 1969 the State did not want municipalities to levy a personal income tax so the State of Illinois agreed to levy the tax and return 10% to all municipalities. He stated that this money is critical to the municipalities and this is a fight that we must make. He further stated that residents should contact their state elected officials. Trustee Aktipis stated that over the years, the State has bombarded the municipalities with unfunded mandates. He stated that residents have to contact their state elected officials so their voices can be heard. President Lalmalani stated that it is very important for residents to contact their state legislatures regarding this matter. He also stated that municipalities cannot take any more cuts and the money belongs to Oak Brook. VILLAGE OF OAK BROOK MINUTES Page 4 of 11 REGULAR MEETING OF MAY 24, 2011 Motion by Trustee Manzo, seconded by Trustee Zannis to approve Resolution 2011 -LG -R- 1100, A Resolution Opposing Reduction of Local Government Distributive Fund in Relation to State Collected Revenues Due Municipalities. VOICE VOTE: Motion carried. 2) Resolution 2011- AG -EXl -R -1102, A Resolution Approving and Authorizing the Execution of the First Amendment to the Lobbying Services Agreement Between the Village of Oak Brook, Thomson Consulting, LLC and Robert S. Molaro & Associates President Lalmalani stated that this administration will look at all agreements, contracts and financial obligations aggressively. He also stated that he has reservations about whether the Village needs a lobbyist so he formed a committee consisting of Trustees Manzo and Moy to investigate whether we need a lobbyist. Trustee Zannis stated before a decision is made for continuing to use a lobbyist, the new Board members should meet them, other lobbyists should be interviewed, and a competitive bid process should take place. Extending the current contract for two months is a good idea so the Board can do their due diligence. She also stated whether we like lobbyists or not, they are extremely influential. Trustee Manzo feels that our state representatives and state senators are our lobbyists. He stated he will stay on the committee to explore options but he will not support the extension of the current contract. He also stated that he sees this as an unnecessary expense. He further stated that he has a major concern about one of the partners of the current lobbying firm. Trustee Wolin stated that it makes sense to extend the current lobbying contract, and as proven in the past, it can open doors to many things. He also stated that we need to ask our current lobbyists what specifically they have done for the Village and assess if this is something we could have done ourselves. He further stated that we need to keep an open mind on this issue. Trustee Yusif asked what the timeframe is for the committee to make a recommendation. President Lalmalani stated the recommendation should be made at the second Board meeting in July. He stated that he has mixed feelings about the resolution. He also stated that he is more interested in knowing what is coming up and what the lobbyists can deliver rather than what they have done for Oak Brook in the past. Trustee Moy stated that the current lobbyists were instrumental with the 22nd Street repair, Costco traffic signal, and obtaining grants. He also stated it is worth spending $5,000 a month to receive millions in grants. He further stated that the system is not perfect but the $60,000 spent on the lobbying services so far was well spent. Manager Niemeyer clarified that the lobbyists did not take credit the 22 "d Street widening project. VILLAGE OF OAK BROOK MINUTES Page 5 of 11 REGULAR MEETING OF MAY 24, 2011 Trustee Aktipis stated that the Board members are elected to represent the residents of Oak Brook and to get them the best deal for their money. Motion by Trustee Aktipis, seconded by Trustee Zannis to approve Resolution 2011 -AG- EXl -R -1102, A Resolution Approving and Authorizing the Execution of the First Amendment to the Lobbying Services Agreement Between the Village of Oak Brook, Thomson Consulting, LLC and Robert S. Molaro & Associates. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf and Zannis Nays: 1 — Trustee Manzo Abstain: 0 —None Absent: 0 — None Motion carried. C. AWARD OF CONTRACTS — None D. TASTE OF OAK BROOK — Discussion Only Trustee Manzo gave an update on the Taste of Oak Brook: • 10 restaurants participating • Possibly extending the Taste of Oak Brook for 2 days • Hospitality tent for McDonalds • Musical entertainment for seniors • Children's activities • Better advertising Trustee Manzo stated that many restaurants would like the Taste to be a two day event. He also stated that he supports a two day event and thinks the event will be much better as a two day event. Manager Niemeyer stated that he spoke with McDonalds Corporation and they are not interested in a hospitality tent, and do not oppose a two day event but will not be back the second day handing out free fries. He also stated that last fall, a discussion about having a two day event took place and the results were mixed. Restaurants wondered what would be the draw for people to come to the event on the second day. Trustee Wolin stated that he is very skeptical of a two day event and he wonders what the impact will be on staff if we hold a two day event. He would rather have a spectacular 1 day event. Trustee Moy stated that all the costs incurred for running the Taste of Oak Brook will be extended for two days and rather than the event being a money making venture, we will incur a loss. He stated that we should hold off making the Taste a two day event this year. Finance Director Dangles stated that if two vendors come on Saturday, we will have a loss of $18,500 and if eight vendors come it will be a loss of approximately $16,000. VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OF MAY 24, 2011 Trustee Yusif stated he does not think that we have the time and ability to make this year's event a two day event. He also stated that he is not in favor of adding a second day with the numbers that were presented. Trustee Aktipis stated that another event, such as a concert, needs to be headlined for the second day for a two day event to be successful. Trustee Manzo stated that if it is the will of the Board to keep the event as a one day event this year, then he is okay with that but hopes that a two day event is considered in the future. Trustee Zannis stated that for the Board to ask the restaurants to come back for a second day with only a fourth of expected revenue of the first day will be disappointing to them. She also stated that the activities offered at the Taste should be bid out. Manager Niemeyer stated that Ravenswood has bid out most of the activities at the Taste of Oak Brook. E. EVALUATION OF A PROPOSAL TO DISCOUNT BATH & TENNIS CLUB MEMBERSHIP RATES — Discussion Only President Lalmalam reminded everyone that no decision will be made today regarding discounting resident membership fees and this is only a discussion. Trustee Yusif stated that he brought this up to enhance the utilization of the facility by residents. He also stated the Sports Core is owned by the residents and therefore it should be made available to them at a reasonable price. He also stated that regardless of a discount in fees, operational enhancements need to be done. He further stated that there are 7,883 residents that need to weigh in on this decision. Trustee Wolin stated that it is clear that there is a lot of opposition and it is very important that a decision is made tonight. He also stated that this should be discussed with members of the Bath &Tennis Club. He further stated that his recommendation is to not discount the membership rates. Trustee Aktipis stated that this is a very useful discussion because a lot was learned. He also stated that he is opposed to the rate reduction because he feels that it will degrade its quality. It will be more crowded which will make it harder to operate a facility in a first class manner. He also stated that this can be reviewed next year. He further stated that this Board never considered closing the Bath & Tennis Club as an option. Trustee Manzo stated that the Board needs to decide what it wants from the Bath & Tennis Club. Do we want it to produce revenue or provide a service to our residents? He also stated he supports a change in the Bath & Tennis rate structure and that it is a positive to our residents. He applauds Trustee Yusif for his attempt to bring more services to Oak VILLAGE OF OAK BROOK MINUTES Page 7 of 11 REGULAR MEETING OF MAY 24, 2011 Brook residents. President Lalmalani stated he does not want to make a decision tonight and would like to add a question to the resident survey regarding this issue and can be discussed further at the strategic planning session scheduled for July. He also stated that, if need be, a town hall meeting can be scheduled as well. Trustee Zannis stated the Bath & Tennis Club is a great amenity and should not be subsidized. She also stated that we can recruit new membership without changing the rate structure but by good marketing, creating a sense of community and promoting it as a place where people want to bring their families. She also stated that we need to ask our residents what it will take for them to join the Bath & Tennis Club. She further stated that the facilities need to be improved structurally. Attorney Friedman stated a vote cannot be taken tonight since it was listed as discussion only on the agenda. Trustee Moy stated a consensus needs to be reached tonight regarding the issue of the rate structure change. Resident Karen Bushy, former Village President, suggested a well advertised committee of the whole meeting regarding the entire Sports Core issue, not just the Bath & Tennis Club, be held. She also gave a brief history of the Sports Core facilities. Resident Al Knuth stated he agrees with Trustee Manzo regarding classifying the Bath & Tennis Club as either a revenue generator or an amenity. He feels that it is an amenity. He stated he would like to know if the previous rate reduction truly brought more members. He stated the Bath & Tennis Club is a gem of Oak Brook so we have to be very careful and very practical. Resident Kathy Marek stated giving the membership to the Bath & Tennis Club for $600 is a gift and that residential members should not get the amenity for nothing. She also stated we need the funds to keep it up and to improve it. Resident Kathy Maher stated that an amenity has to break even. She stated that an analysis needs to be done between other clubs in the area and the Bath & Tennis Club. Resident Lisa Griffith stated we need to look at why the Bath & Tennis is not at least breaking even. She stated because of rumors every year of the Bath & Tennis Club closing, residents are not becoming members. She also stated that non residents join our facilities because it is not over crowded. She further stated that the awnings, the bathrooms and the deck need to be considered for repair. Resident Hope Sabbaga stated that she opposes the residential rate reduction for the Bath & Tennis Club membership. She also stated that many residents are willing to help if the Village considers forming a committee. VILLAGE OF OAK BROOK MINUTES Page 8 of I 1 REGULAR MEETING OF MAY 24, 2011 11 Manager Niemeyer briefly discussed improvements that need to be done at the Sports Core and stated a plan needs to be developed. Sports Core Director Van Dyke stated he appreciates all the comments received thus far. He also stated that the flooding of the golf course the last two years put a financial strain on the Sports Core. He further stated that the food operations at the pool side cafd will not be outsourced this year. A consensus was reached that the current membership rates will not be changed. F. HEALTH INSURANCE RENEWAL Trustee Moy stated that Assistant Manager Wing was able to get the best rates possible for health insurance. Assistant Manager Wing gave a recap of the Village's insurance plans and stated that B1ueCross B1ueShield submitted the best proposal for third party administrator and stop loss insurance for the plan year starting July 1, 2011. He recommends maintaining the employee cost sharing percentages of 17.5% for the PPO Plan, 12.5% for the HMO Plan, and 10% for the HD PPO Plan. He also is recommending discontinuing the smoking and spousal surcharges and the creation of a wellness initiative to earn a 1% reduction in employee cost sharing. Motion by Trustee Moy, seconded by Trustee Wolin to approve the staff recommendation and direct staff to execute Agreements with BlueCross BlueShield (BCBS) of Illinois for Third Party Administrator (TPA) Service and Stop Loss Insurance for the Plan Year starting July 1, 2011 through July 30, 2012. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 —None Absent: 0 —None Motion carried. INFORMATION & UPDATES A. VILLAGE MANAGER —None B. VILLAGE CLERK Clerk Pruss wished everyone a happy and safe Memorial Day weekend and asked everyone to please remember our servicemen. She also stated that the Committee of the Whole meetings will be posted on the Village website: She further stated that Autumn Fest will be held in September and sponsors, needed. C. TRUSTEES Trustee Manzo stated that he spoke to the CTA regarding expanding the blue line to VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF MAY 24, 2011 DuPage County. D. VILLAGE PRESIDENT —None 12. ADJOURN TO CLOSE SESSION 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), the purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired (2c5) and to consider litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting (2c11) Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn to close session 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), the purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired (2c5) and to consider litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting (2c11). ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. This meeting was adjourned to Closed Meeting at 9:27 pm. RECONVENE The Regular Meeting of May 24, 2011 of the Village Board of Trustees was reconvened at 11:41 pm. ROLL CALL VOTE Village Clerk Pruss called the roll with the following persons: PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf and Elaine Zannis. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; and Peter Freidman, Village VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OF MAY 24, 2011 Attorney. 14. RESOLUTION R- 1101- LARSON'S PROFESSIONAL SERVICE CONTRACT Motion by Trustee Moy, seconded by Trustee Manzo to Approve Resolution 2011 -PL- AG -EXl -R -1101, A Resolution Approving and Authorizing the Execution of the First Amendment to the Professional Service Contract Between the Village of Oak Brook and Stephen E. Larson. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Yusuf Nays: 1 — Trustee Zannis Abstain: 0 — None Absent: 0 —None Motion carried. 15. POLICE CHIEF HIRING PROCESS Motion by Trustee Zannis, seconded by Trustee Wolin to Authorize the Village Manager's Office to Begin the Hiring Process for the Police Chief Position. VOICE VOTE: Motion carried. 13. ADJOURNMENT Motion by Trustee Yusif, seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 11:45 pm. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 11 of 11 REGULAR MEETING OF MAY 24, 2011