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Minutes - 06/23/2009 - Board of Trustees1. 2. 3. 0 CALL TO ORDER MINUTES OF THE JUNE 23, 2009 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON JANUARY 26, 2010. 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 7:33 p.m. The Pledge of Allegiance was given. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: Trustees Stelios Aktipis, James Carson, Mark Moy, Moin Saiyed, Gerald Wolin, Elaine Zannis and President Craig. ABSENT: IN ATTENDANCE: David Niemeyer, 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, Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. PRESIDENT'S OPENING COMMENTS — None presented. RESIDENTNISITOR COMMENT Resident Michael Swert addressed the Village Board regarding his concerns regarding the horrible state of some residential swimming pools. He is recommending that the Village incorporate licensing of pools and require inspections to ensure upkeep and maintenance and health standards. Resident Barbara Benezra addressed the Village Board as President of the Friends of the Library regarding Library budget cuts. They understand the current budget crisis and stated several reasons for not wanting the library to be privatized, but agreed with a Library organizational study. They do support some budget adjustment initiatives and would be willing to take a proactive approach to budget cuts that include cuts all around and not just staff. Trustee Wolin responded to Mrs. Benezera concerns by complimenting her on a well written letter raising a lot of very valid points that will be considered. He was the one who presented the recommendation last week and he hoped he didn't state that the $300,000 that is a target was all coming out of staff. The consultant can come through with any suggestions in reducing expenses, it is open. He stated that the privatization would be a last resort and that the consulting group has the open right to look at anything and everything. VILLAGE OF OAK BROOK Minutes Page 1 of 9 REGULAR MEETING OF JUNE 23, 2009 Resident Bill Lindeman addressed the Board regarding his concerns on budget cuts affecting the high quality infrastructure within the Village. He stated that residents have an expectation level of good quality buildings within the Village and the importance of Commercial Revitalization and Beautification. He also spoke about advantages of levying a Library Tax to create a self supporting Library. Mr. Lindeman also supports the concept of hiring consultants for reviewing not just the Library operations but other department operations as well. He learned of the acceptance of a $20,000 donation from McDonald's and he feels the village's judgment may be compromised by McDonald's donations. Resident Mario Vescovi addressed the Board regarding the leaf pick up item on the agenda. He proposed resident consideration be given by seeking resident input before any village services are changed, modified or eliminated from the budget. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF MAY 19, 2009 Motion by Trustee Wolin, seconded by Trustee Moy to approve the Minutes of the Special Board of Trustees Meeting of May 19, 2009. 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 JUNE 19, 2009 - $1,043,402.59 Significant Items included in Above: 1) Legal Bills a. Odelson & Sterk, Ltd. — Legal Services — May 2009 - $41,861.29 2) DuPage Water Commission - $1655314.22 3) James J. Benes and Associates - Payout #4 — 35th St. Water Main Replacement Design - $11,513.41 4) James J. Benes and Associates — Payout #9 — 2009 Paving Project - $15,433.08 5) K —Five Construction — Payout #1 — 2009 Paving Project - $343,449.24 6) Prime Construction — Payout #1 — 2009 Drainage Project #09 -1302 - $22,422.63 7) Midco - Security Camera — $80,420.25 8) Greater Oak Brook Chamber of Commerce — First Quarter Report - 2009 Overnight Stays Project - $10,000 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING -JUNE 13, 2009 — $ 758,761.19 C. COMMUNITY DEVELOPMENT REFERRALS — None presented. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented. E. BUDGET ADJUSTMENTS — None presented. F. ORDINANCES & RESOLUTIONS 1) Ordinance S -1266, An Ordinance Adopting the Prevailing Wage Standards for the Village of Oak Brook, Illinois VILLAGE OF OAK BROOK Minutes Page 2 of 9 REGULAR MEETING OF JUNE 23, 2009 2) Ordinance R -1049, A Resolution Establishing a Citizen Financial Advisory Committee G. TREASURER'S REPORT — MAY, 2009 H. DUPAGE CONVENTION & VISITORS BUREAU — ANNUAL COMMITMENT REQUEST I. INTERGOVERNMENTAL AGREEMENT FOR FIRE DEPARTMENT COMMUNICATIONS NETWORK Motion by Trustee Saiyed, seconded by Trustee Zannis, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain:0 — None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — Nothing removed. 8. BOARD & COMMISSION RECOMMENDATIONS A. Go Roma — Fast Fresh Italian, LLC — 3041 Butterfield Road — Oak Brook Promenade — Special Use - Outdoor Dining Area Adjacent to a Restaurant 1) Ordinance S -1267, An Ordinance Granting Special Use for an Outdoor Dining Area Adjacent to a Restaurant for the Property Located at 3041 Butterfield Road in the Village of Oak Brook Trustee Aktipis stated that this is a request for adding outdoor dining to a restaurant in the Oak Brook Promenade. The matter has been reviewed by both the Plan Commission and Zoning Board of Appeals. This is routine in nature and there is nothing particularly unusual about this request. Motion by Trustee Aktipis, seconded by Trustee Moy to approve a special use for an intended outdoor dining area at the Go Roma restaurant located at 3041 Butterfield Road and to approve the necessary ordinance S -1267. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Moy, Saiyed, Wolin, Zannis and Aktipis Nays: 0 - None. Abstain: 0 — None. Motion carried. B. Planned Development Regulations — PUD — Village of Oak Brook — Text Amendment Trustee Aktipis reported that this item will change the process for commercial developments within the Village. Houseal Lavigne Associates was hired by the Village to work with the respective committees to review the current process and come back to the Village Board with a more simplified process. In this proposal, the Village would have the tools necessary to process larger development projects under a single request instead of multiple submittals /approvals. In addition to the proposed Planned Development Regulations, the consultant team is proposing that a Planned Development Commission be VILLAGE OF OAK BROOK Minutes Page 3 of 9 REGULAR MEETING OF JUNE 23, 2009 created as the formal advisory committee. With these regulations, and current proposal, the Commission would come from the membership of Plan Commission and Zoning Board of Appeals. Trustee Aktipis would like to make some minor refinements to the proposed process. Discussion: Trustee Wolin agrees with this process. As pointed out it will simplify and eliminate many things for the Plan Commission and eliminate a lot of staff time that's required. He feels developers will also be pleased with this process. Trustee Saiyed stated that it took years to get this ordinance in place. He feels it is a good process and would also like to see the signage issue ordinance be expedited. Trustee Aktipis would like to make a couple of suggestions on modifications to the process and amends his motion to include: • An exemption to the PUD process when an applicant meets all of the underlying zoning requirements. • Involves the LEED requirements; have the developers come up with buildings that are energy efficient. • Applicants for the PUD process do not have to go before the Village Board as a first step in the process; have the option to go before the respective boards and commissions. Motion by Trustee Aktipis, seconded by Trustee Wolin to concur with the recommendations as amended from the Plan Commission and Zoning Board of Appeals approving a text amendment for Planned Development Regulations and to concur with the recommendation from the Planning Consultant as amended by Trustee Aktipis to create a Planned Development Commission as the advisory body for Planned Developments and authorize the Village Attorney to prepare the necessary ordinance for final approval at the July 14. 2009 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Moy, Saiyed, Wolin, Zannis and Aktipis. Nays: 0 - None. Abstain: 0 — None. Motion carried. 9. UNFINISHED BUSINESS — None presented. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) Citizen Financial Advisory Committee - Appointments Village is fortunate to have five residents in the Community who are willing to utilize their financial expertise to assist the Village in moving forward with overall Village Finances. Committee members include: Donald Adler, George Klein, Norma Lauder, Todd Rusteberg and Randall Teteak. Motion by Trustee Aktipis, seconded by Trustee Zannis, to concur with President Craig's VILLAGE OF OAK BROOK Minutes Page 4 of 9 REGULAR MEETING OF JUNE 23, 2009 recommendation to appoint Donald N. Adler, George P. Klein, Norma J. Lauder, Todd A. Rusteberg and Randall W. Teteak to the Oak Brook Citizens Finance Advisory Committee. ROLL CALL VOTE: Ayes: 6 - Trustees Saiyed, Wolin, Zannis, Aktipis, Carson and Moy Nays: 0 - None. Abstain: 0 — None. Motion carried. President Craig thanked the five residents for their interest in participating on this Committee. B. ORDINANCES & RESOLUTIONS 1) Resolution R -1047, A Resolution Appointing a Representative to the Intergovernmental Risk Management Agency Village Manager Niemyer explained the following two resolutions as they are related to the recent vacancy in the Finance Director position. The Village of Oak Brook is a member of the Intergovernmental Risk Management Agency (IRMA) for Risk Management, Defense and Risk Coverage. The Village has a Delegate and an Alternate which represent the Village as a member of the IRMA Board. The Oak Brook Assistant Village Manager serves as the Delegate and the Finance Director serves as the Alternate member. Manager Niemeyer is recommending that Sharon Dangles, in her capacity as Acting Finance Director be appointed to serve as the Alternate member. Motion by Trustee Saiyed, seconded by Trustee Zannis, for passage of Resolution R -1047, A Resolution Appointing a Representative to the Intergovernmental Risk Management Agency. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0- None. Motion carried. 2) Resolution R -1048, A Resolution Amending R -621 and Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois in the Illinois Municipal Retirement Fund Per the Illinois State Statutes, the Village is required to appoint an authorized agent. Traditionally, the Village Treasurer has served as the authorized agent. However, the Village staff now includes a Human Resources Coordinator, Eileen Donahue, who deals directly with the IMRF. Manager Niemeyer recommends that Resolution R -621 be amended to reflect the change in the title of the authorized agent for the IMRF. Motion by Trustee Wolin, seconded by Trustee Carson, for passage of Resolution R -1048, A Resolution Amending R -621 and Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois in the Illinois Municipal Retirement Fund ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain:0 — None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 9 REGULAR MEETING OF JUNE 23, 2009 C. AWARD OF CONTRACTS 1) Replacement Vehicles — Three Chevrolet Tahoe SUV's — State of Illinois Joint Purchasing Trustee Saiyed explained the need for replacing 3 patrol cars, unit 304, 305 and 308 currently have high engine hours or 77,000 miles or higher. Motion by Trustee Saiyed, seconded by Trustee Zannis to waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Miles Chevrolet, Decatur, Illinois for three 2009 Chevrolet Tahoe PPV Police Interceptor (2wd) in the amount of $77,085 plus add $1,056.72 for wiring for horn, sirens, rear door functions and additional keys. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Motion carried. D. BATH AND TENNIS CLUB UPDATE There are two parts of this discussion: Poolside Cafe and Bath & Tennis Clubhouse outsourcing. Poolside Grill; due to several days of inclement weather, revenues are not as good as the Board had hoped. The service and food products provided by DiLeo's are overall good. We will have a better tally of revenues on July l Otn The Village conducted an RFP for the outsourcing of the Bath & Tennis Clubhouse. Thirty - two RFP's were sent out. Of the 15 respondents, only two submitted proposals, Backyard Grill and Calihan Catering. After some research on the two companies, it was determined that Calihan Catering appears to be a good fit for Oak Brook. Trustee Zannis informed the Board that she is not requesting a decision at this meeting but is seeking support for staff to research the option of outsourcing and come back to the Village Board with recommendations at the July 28th meeting. Trustee Zannis conducted a power point presentation on Calihan Catering and the services they would bring to the Village for outsourcing of the Bath & Tennis Clubhouse. Trustee Carson stated that this would be a good solution to upgrading and improving usage of the facility and a benefit to the community. Discussion ensued on the terms of the contract, percentage of revenues from events, short term vs. longer term contract. Trustee Moy spoke in favor of the motion and complimented Trustee Zannis and Kathy Manofsky for all their time and effort on this matter. President Craig would like the opportunity to interview more restaurants /caterers and would like to see assorted menu packages with varied pricing for all type of events. He does not want VILLAGE OF OAK BROOK Minutes Page 6 of 9 REGULAR MEETING OF JUNE 23, 2009 to see the Village have something that is so high end that nobody wants to utilize. Motion by Trustee Zannis, seconded by Trustee Carson to direct Village staff to proceed with review of the two RFPs and to make a recommendation to Village Board at the next regular scheduled meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain:0 — None. Motion carried. E. LEAF PICK UP Trustee Wolin presented the two options for leaf pickup. One option included what has been done in the past, and if we choose that then the next motion would be to purchase a leaf pick up machine. We currently have two machines, one of which is in trouble and needs replacement. The other option is to have the homeowner's contract with our waste hauler, purchase waste bags or containers and put stickers on them. In review of the two options, it is his opinion that the correct choice is to go with option 1, which is to continue the leaf pickup in its current form. Motion by Trustee Wolin, seconded by Trustee Carson, motion to continue the leaf pickup in its current form. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain:0 — none. Motion carried. F. VACUUM LEAF LOADER Trustee Wolin explained that the Village went out to bid for this piece of equipment and received five responses, two were considered responsive to the RFP and three were considered non - responsive. We are recommending the lowest bidder. Motion by Trustee Wolin, seconded by Trustee Aktipis motioned that the Village Board award a contract subject to staff review for a vacuum leaf loader to the lower responsive responsible bidder Standard Equipment Company in the amount of $44,835.00. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain:0 — None. Motion carried. G. ETHICS PRESENTATION Trustee Carson discussed the Ethics seminar he attended in May. The information presented was divided into two main areas. One was a presentation on the Illinois Reform Commission 110 -day report by Pat Quinn, prior to becoming Governor. This report included campaign finance, enforcement, anticorruption type tools, government structure, various things on better government, including elections, hiring practices /abuses, open meetings act, etc. A lot of time VILLAGE OF OAK BROOK Minutes Page 7 of 9 REGULAR MEETING OF JUNE 23, 2009 was spent on procurement procedures and transpariency. Other parts of the seminar was presented by Joe Birkett and his staff on a variety of issues. Trustee Carson is recommending that the Board invite Joe Birkett's office to do a smaller version of the ethics presentation at a future Village Board meeting. The Village Board members concurred with this recommendation. H. ACE HARDWARE FOUNDATION BIKE EVENT Trustee Wolin indicated Joanne Mueller was present from Ace Hardware. She spoke regarding the history of this private event and what the fundraising event entails. Trustee Wolin motioned. Seconded by Trustee Aktipis, to approve the use of the Oak Brook Path System for the Ace Tour de Kids Family Bike Event on July 25, 2009. VOICE VOTE. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Taste of Oak Brook coming up July 3rd, from 4:00 -9:00 PM on the polo fields. B. VILLAGE CLERK Oak Brook Autumn Fest Committee is looking for sponsors for the upcoming event on Sunday, September 20, 2009. Oak Brook has a website www.oak- brook.gW. The agenda is posted every Friday before the Village Board meetings. If you are unable to get it, we will have it e- mailed to your home or come in and pick one up. Bath and Tennis Club luncheon buffets on Wednesday, 11:30 AM — 2:00 PM. Please come and enjoy. 11. C. TRUSTEES — None presented. D. VILLAGE PRESIDENT Please come out for the July 3rd Taste of Oak Brook event. 12. ADJOURN TO CLOSED MEETING to consider litigation, when an action against, affecting or on behalf of the Village 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 (2c 11). Motion by Trustee Wolin, seconded by Trustee Aktipis, to adjourn to Closed Meeting to consider litigation, when an action against, affecting or on behalf of the Village 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 (2c 11). ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 8 of 9 REGULAR MEETING OF JUNE 23, 2009 The meeting was adjourned to Closed Meeting at 9:29 p.m. ADJOURNMENT Motion by Trustee Wolin seconded by Trustee Carson, to adjourn the Regular Meeting of the Board of Trustees at 10:18 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 REGULAR MEETING OF JUNE 23, 2009