Minutes - 07/14/2009 - Board of TrusteesMINUTES OF THE JULY 143 2009 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS AMENDED ON JULY 28, 2009.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by Village
Clerk in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m.
The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: Trustees Stelios Aktipis, Mark Moy, Moin Saiyed, Gerald Wolin and Elaine
Zannis.
ABSENT: President John W. Craig, Trustee James Carson.
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; Margaret
Klinkow Hartmann, Library Director; Michael Hullihan, Public Works
Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports
Core Director.
Motion by Trustee Saiyed, seconded by Trustee Wolin, to appoint Trustee Stelios Aktipis
as Acting Chairman in the absence of President Craig. VOICE VOTE: Motion carried.
3. PRESIDENT'S OPENING COMMENT
Acting Chairman Aktipis reported that President Craig was detained due to participation
in a Grand Jury.
A. RESOLUTION OF APPRECIATION — SUSAN J. TEMPLETON
Acting Chairman Aktipis stated that the Village would like to recognize Susan
Templeton who has selflessly served on the Board of Trustees of the Police Pension
Fund since 2007. She is being honored for her service to the Village by a Resolution
of Appreciation.
Clerk Pruss read the Resolution of Appreciation.
Motion by Trustee Zannis, seconded by Trustee Saiyed, for passage of Resolution R-
1052, A Resolution of Appreciation. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 1 of 12 REGULAR MEETING OF
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3. Acting Chairman Aktipis reported that in May the Board directed the Village Manager to
cut expenses for 2009 by approximately $750,000 and for the 2010 budget by $1.5
million. In Closed Session, because of personnel issues, the Board will meet to act on his
recommendations later this evening. He reported that the recommendations included
$1.25 million which did not quite meet the expectations and that they would ask the
Village Manager to look for further cuts.
Trustee Saiyed added that proactively in 2008 the Village Board directed the Village
Manager to cut $1.3 million dollars for the 2009 budget. He felt that the Village was in a
better position than many other communities due to this proactive action and he thanked
the Village Manager for his work.
c'
4. RESIDENT /VISITOR COMMENT
Resident Terry O'Malley addressed the Board as President of Breakenridge Farms
Homeowners Association supporting the appointment of Fred Cappetta to the Board of
Fire and Police Commissioners.
Resident Barbara Benezra addressed the Board representing the Friends of the Oak Brook
Library regarding budget cuts and the concern for the possibility of privatizing the Oak
Brook Library. She described negative impact on other municipalities who took this
option and asked the Board to provide a special meeting for resident input on the value of
the Oak Brook Library.
Resident Cathy Giangrasse addressed the Board regarding transparency in government.
She expressed concern for the actions of new trustees which excluded public discussion
and participation of the rest of the Board. She also expressed concern for the appointment
process of Boards and Commissions and the disregard for policies setting forth
appointment procedures adopted by the Board.
Resident Harry Peters congratulated the Village and staff for the outstanding Taste of Oak
Brook. He asked that the Athlete of the Year for high school girls and boys graduating
which has been a tradition in Oak Brook for 34 years consider an annual resolution
honoring these athletes. He concurred with the comments of the previous speaker, Cathy
Giangrasse. He suggested that the Financial Advisory Committee be given the
opportunity to make recommendations rather than be used to justify already determined
cuts.
President Craig arrived at 8:00 p.m.
Trustee Aktipis responded to Mr. Peters' comments indicating that the Financial Advisory
Committee was put together for long range planning.
VILLAGE OF OAK BROOK Minutes Page 2 of 12 REGULAR MEETING OF
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4. Resident Anne Vekich addressed the Board regarding the library indicating her vehement
support of the Library, vehement opposition of privatizing and the lack of participation of
the Library Commission in the process of addressing the current problems. She expressed
the importance of a customized Library to the community.
Trustee Wolin responded that as the liaison working with consultants regarding the library
he stated he was a library lover. He added that these were difficult times and that budget
discussions were not only regarding the library, but all aspects of the Village. He stated
that outsourcing was an absolute last resort and that the goal of the study was to determine
the minimal level of staffing that would provide satisfactory service while keeping the
Library open all of the hours that it is currently open. Trustee Aktipis concurred with
Trustee Wolin's goals.
Resident Joan Mullins addressed the Board regarding similar concerns expressed by
resident Cathy Giangrasse. She also commented on the ordinance regarding temporary
appointments which was put into effect by three current sitting members which has not
been enforced for a current temporary appointment to a commission. She also questioned
Mr. Cappetta's possible appearance of bias based on previous actions that she felt would
not make him a most effective member of the Board of Fire and Police Commissioners.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 26, 2009
Trustee Zannis asked to continue the minutes to the next meeting pending some
modifications.
Motion by Trustee Aktipis, seconded by Trustee Moy, to continue the minutes to the
next meeting pending modifications. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 — Trustee Carson. 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 JULY 10, 2009 - $948,853.71
Significant items included in above:
VILLAGE OF OAK BROOK Minutes Page 3 of 12 REGULAR MEETING OF
JULY 14, 2009
6. A. 1) Legal Bills
A. Seyfarth, Shaw — Legal Services — May 2009 - $5,235.37
B. Deano & Scarry — Legal Services — March And May 2009 - $1,565.00
2) SKC Construction, Inc. — Payout #1 & Final - 2009 Crack Seal - $59,459.00
3) Trine Construction — Payout #2 & Final — Croydon Strom Sewer - $1,777.79
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JUNE 27, 2009 -
$731,291.83
C. COMMUNITY DEVELOPMENT REFERRALS
1) REFERRAL — YORK ROAD DEVELOPMENT PARTNERS, LLC — 1800, 1802
AND 1806 YORK ROAD — MAP AMENDMENT — TEXT AMENDMENT —
SPECIAL USE — VARIATIONS
2) REFERRAL - GROTH — 44 WINDSOR — VARIATION — SECTION 13 -3 -14A -
DRIVEWAY GATES
3) REFERRAL - VILLAGE OF OAK BROOK - TEXT AMENDMENT AND
SPECIAL, USE — HEIGHT OF VILLAGE OWNED COMMUNICATIONS
TOWERS
4) REFERRAL — NAI HIFFMAN — OAK BROOK PROMENADE — TEXT
AMENDMENT — ZONING ORDINANCE SECTION 13 -7A -1
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS — None presented.
E. BUDGET ADJUSTMENTS
F. ORDINANCES & RESOLUTIONS
1) ORDINANCE G -890, AN ORDINANCE AMENDING TITLE 13 (ZONING
REGULATIONS) TO ADD CHAPTER 15 (PLANNED 'DEVELOPMENT
REGULATIONS) TO THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK, ILLINOIS
2) ORDINANCE G -891, AN ORDINANCE AMENDING TITLE 2 (BOARDS
AND COMMISSIONS) OF THE VILLAGE CODE ESTABLISHING A
PLANNED DEVELOPMENT COMMISSION FOR THE VILLAGE OF OAK
BROOK
G. AWARD OF CONTRACT — IT CONSULTANT AGREEMENT — CURRENT
TECHNOLOGIES CORPORATION — WEST CENTRAL MUNICIPAL
CONFERENCE
VILLAGE OF OAK BROOK Minutes Page 4 of 12 REGULAR MEETING OF
JULY 145 2009
6. President Craig asked to have Agenda Item 6.C.4) Referral — NAI Hiffman — Oak Brook
Promenade — Text Amendment — Zoning Ordinance Section 13 -7a -1 Removed from the
Consent Agenda.
Motion by Trustee Aktipis, seconded by Trustee Saiyed, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
Motion by Trustee Aktipis, seconded by Trustee Zannis, to continue Agenda Item 6.C.4)
Referral — NAI Hiffman — Oak Brook Promenade — Text Amendment — Zoning Ordinance
Section 13 -7a -1. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
9. UNFINISHED BUSINESS
A. BATH AND TENNIS CLUBHOUSE OUTSOURCING
Resident Kathryn Manofsky addressed the Board regarding the Bath and Tennis
Clubhouse. She reminded the Board that over the years the Clubhouse operations
had lost money and that now there was an opportunity to turn that around.
Trustee Zannis reported that at the last meeting, after an RFP process, the Board
directed staff to review the proposals and provide recommendations.
Trustee Zannis introduced representatives from Calihan Catering to make a
presentation about who they are, what they do and what they can offer the Village of
Oak Brook. Lee and Nash Calihan presented information regarding their family
business founded on food, service and the ability to tell people about this food and
service.
Trustee Zannis highlighted some factors being negotiated such as a one -year term
with the possibility of extension if all goes well. In addition the Village would
receive 10% gross revenues in addition to a $2,500.00 room fee for each booking.
Trustee Saiyed congratulated Kathy Manofsky and Trustee Zannis on their hard work
putting this together and for the Taste of Oak Brook.
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9. A. Trustee Wolin concurred with Trustee Saiyed's comments and added that the RFP
process for competitive bidding netted two bids and he reported that representatives
of the Village visited the Calihan operation and felt that it was a class operation and
that this was a winning proposition.
Trustee Aktipis stated that there are some areas that are excellent for outsourcing and
that this operation was the best opportunity.
Motion by Trustee Zannis, seconded by Trustee Aktipis, to authorize the Village
Attorney to proceed with creating a contract for Calihan Catering for operating the
Bath & Tennis Clubhouse catering services to be completed and presented at the next
meeting for approval. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS
President Craig stated that he was going to assign to Trustees Moy and Carson the
responsibility to determine an expedient structure for confirmation of appointments.
Therefore the only confirmation to be acted upon tonight was for confirmation of
Fred Cappetta.
1) OAK BROOK BOARD OF FIRE AND POLICE COMMISSION
Trustee Wolin commented that he had met with Mr. Cappetta and expressed his
concerns, but that Mr. Cappetta has done a fine job on the Oak Brook Board of
Fire and Police Commissioners and it is appropriate to approve him at this time.
Motion by Trustee Wolin, seconded by Trustee Zannis, to concur with President
Craig's recommendation to appoint Fred Cappetta to the Oak Brook Board of Fire
and Police Commission to fill a vacant term to expire May, 2011.
2) COMMERCIAL REVITALIZATION TASK FORCE - Removed
3) OAK BROOK HOTEL, CONVENTION & VISITORS COMMITTEE - Removed
4) LIBRARY COMMISSION - Removed
5) OAK BROOK PLAN COMMISSION — Removed
VILLAGE OF OAK BROOK Minutes Page 6 of 12 REGULAR MEETING OF
JULY 14, 2009
9. A. 6) ZONING BOARD OF APPEALS - Removed
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION R -1051, A RESOLUTION IN OPPOSITION TO PROPOSED
CHANGES TO THE GRADE MILL DAM IN THE VILLAGE OF OAK
BROOK, ILLINOIS
Trustee Wolin indicated that this topic had been discussed at several previous
meetings, therefore he felt there was no need to go into detail, but he explained
that essentially a study had been done regarding the Salt Creek water quality
pursuant to the Clean Water Act and the conclusion of the study was that to
improve the quality of the water that the Graue Mill Dam should be removed, or
at least part of the dam. He added that there were two negative effects for the
Village of Oak Brook, one being the way the dam looks and that it would narrow
Salt Creek in that area. The Board had discussed this and it was their opinion that
the benefits of the clean water did not outweigh the benefits of keeping the
historic value of the dam as well as benefits that accrue of having the dam in
place.
Motion by Trustee Wolin, seconded by Trustee Aktipis, for passage of Resolution
R -10515 A Resolution in Opposition to Proposed Changes to the Graue Mill Dam
in the Village of Oak Brook, Illinois. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
2) ORDINANCES S -1268, AN ORDINANCE APPROVING AN AMENDED
AND RESTATED INSTALLMENT PURCHASE AGREEMENT AND
AUTHORIZING THE ISSUANCE OF $2,280,000 GENERAL FUND
REFUNDING CERTIFICATES, SERIES 2009, OF THE VILLAGE OF OAK
BROOK, ILLINOIS - BOND REFUNDING — 2001 INSTALLMENT
CONTRACT CERTIFICATES
Trustee Aktipis commented that the Village looked at options relative to
outstanding bonds and by making appropriate analysis it was concluded that by
refunding the bonding and extending the terms of the bond a couple of more
years, there would be a substantial savings benefit for the Village. It is due to the
fact that interest rates are lower now than they were when the bonds were issued.
Mr. Kevin McCanna from Speers Financical, Inc. reported that bids were taken
today and two were received. The original certificates were at 4.7% and the best
bid was from Robert W. Baird & Co. at 2.7652 %. There is a savings of over
$100,000. The Village's bond rating of AA2 was confirmed, which is a very high
grade bond rating and the transaction should close in about three weeks.
VILLAGE OF OAK BROOK Minutes Page 7 of 12 REGULAR MEETING OF
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9. B. 2) Motion by Trustee Aktipis, seconded by Trustee Moy, for passage of Ordinance
S -1268, An Ordinance Approving an Amended and Restated Installment
Purchase Agreement and Authorizing the Issuance of $2,280,000. General Fund
Refunding Certificates, Series 2009, of the Village of Oak Brook, Illinois — Bond
Refunding — 2001 Installment Contract Certificates. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
3) ORDINANCES G -889, AN ORDINANCE ESTABLISHING ADDITIONAL
REQUIREMENTS FOR THE ISSUANCE OF A TAXICAB DRIVER'S
LICENSE AND AMENDING SECTION 4 -2 -5 OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK
Village Manager Niemeyer reported that during a previous revision of the Village
Code regarding Taxicab Driver's qualifications, the prohibition of issuance of a
driver's license to individuals convicted of operating a motor vehicle under the
influence of alcohol was inadvertently deleted. The new phraseology in the
previous revision indicating "an intoxicating compound" was assumed to include
alcoholic liquor. However, definition of "intoxicating compound" in the State
Statutes does not include alcoholic liquor. Therefore, staff felt that it is important
to add alcoholic liquor to Village Code in order to protect the public health, safety
and welfare.
Motion by Trustee Saiyed, seconded by Trustee Moy, for passage of Ordinance
G -889, An Ordinance Establishing Additional Requirements for the Issuance of a
Taxicab Driver's License and Amending Section 4 -2 -5 of the Village Code of the
Village of Oak Brook. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
C. AWARD OF CONTRACTS — None presented.
D. 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND
MANAGEMENT LETTER
Trustee Aktipis indicated that this report was an extensive report as to the financial
condition of the Village for 2008. He added that it will be placed on file and viewed
by residents or anyone else who has an interest. He stated that at this time no action
was required from the Board.
VILLAGE OF OAK BROOK Minutes Page 8 of 12 REGULAR MEETING OF
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9. E. ELECTRONIC PAYMENT OF WATER BILL
Trustee Aktipis stated that administration has proposed another option for payment of
bills. This program is implemented by the Illinois State Treasurer's Office through
the E -Pay option program. It provides for a simplified process and a no cost process
for payment of bills that would probably result in some savings for the Village.
Motion by Trustee Aktipis, seconded by Trustee Wolin, that the Village Board
authorize the Village Manager to enter into an agreement with the Illinois State
Treasurer's Office to implement E -Pay using the option which is a flat fee schedule
without a ceiling. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Carson. Motion carried.
F. PUBLIC SAFETY 4.9 GHZ WIRELESS MESH NETWORK
The Village issued a Request for Proposals (UP) for a Public Safety Mesh Network
in August 2008. In October 2008, the Village received 10 proposals. Since the
Village does not have in -house expertise on this type of technology, the Village
continued to use our relationship with Columbia Telecommunications Corporation
(CTC) and asked them to review the submitted proposals (they previously reviewed
the Federal Signal proposal, helped finalize the RFP and responded to vendor
questions during the RFP response phase).
OTC's Executive Summary that includes pricing for the 10 proposals and more
detailed information for the 4 highest ranked firms. First -year costs through Phase 2
(covers the commercial areas of the Village) range from $564,845 to $3,815,507.
Adding in the residential areas increases the cost range to $2.2 to $4.3 million. The
wide range of prices is likely caused by a number of factors, including uncertainty
about the level of effort and equipment needed to cover the areas adequately.
As indicated in the summary, the next step would ordinarily be to interview the
highest ranked firm(s) to verify a clear understanding of project scope, pricing,
maintenance requirements and cost, schedule, and vendor and equipment
qualifications.
When the Village received the summary, staff was in the process of completing the
2009 Budget, which significantly reduced existing operating costs, including a
reduction in staffing. Since that time the economic environment has not improved
and not knowing when the Village's revenues will rebound, staff is recommending
that this project be cancelled outright due to overall cost of this project. In the event
that revenues improve in the near future, the Village could pick -up where it left off
VILLAGE OF OAK BROOK Minutes Page 9 of 12 REGULAR MEETING OF
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9. F. and negotiate a best value package for this project. However, if the delay lasts more
than a year, newer technology will most likely be available, requiring totally revised
proposals and a re- evaluation of this project.
Motion by Trustee Aktipis, seconded by Trustee Saiyed, that the Village Board reject
all submitted proposals for the construction of a Public Safety 4.9 GHz Wireless
Mesh Network. VOICE VOTE: Motion carried.
G. OAKBROOK TERRACE STREET LIGHT AGREEMENT UPDATE
Trustee Wolin felt that, the Village was not in a position to make a formal motion this
evening. The Board had been provided with the history of the project. He indicated
that the Governor signed the Publics Work bill which provides funding for the 22nd
Street reconstruction west of Route 83 to where it meets Butterfield Road. The road
will be expanded to six lanes and the entire road will be rebuilt.
The Village's concern is for street lighting and the best time to improve the lighting
would be during reconstruction. The State will be moving quickly on this project
now that the funding is available, therefore the Board needs to determine how to
proceed. Decisions were made when the economy was better. He reported that the
money is available in the Infrastructure Fund. He recommended that this be
postponed to a time that the Board would be able to spend more time discussing it
and include Kathy Manofsky's input and perspective.
It was suggested that interested persons view the lighting situation in the two sectors
of the Village (east and west of Route 83) which would provide visualization of the
difference between the two different types of lights. Public Works Director Hullihan
reported that the Village must work with IDOT very soon due to the fact that the
Village had indicated to them that the Village was planning to do the lighting and
work with Oakbrook Terrace to accomplish financing
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer thanked those who helped with the Taste of Oak Brook. He also
thanked staff for their efforts during these difficult times working to reduce the
budget.
B. VILLAGE CLERK
Clerk Pruss reminded residents of the Wednesday Buffet at the Bath & Tennis
Clubhouse and offered to send Agendas via e -mail to anyone who wished to receive
one. Contact her to add an e -mail address to the listing.
VILLAGE OF OAK BROOK Minutes Page 10 of 12 REGULAR MEETING OF
JULY 14, 2009
11. C. TRUSTEES — None presented.
D. VILLAGE PRESIDENT
President Craig also thanked Kathy Manofsky for her efforts putting together the
Taste of Oak Brook. He reported that the Village would receive $179,000 for the
Bath and Tennis Club. He also reported that for the sixth month revenues are below
last years revenues. He also commented on the appointment process.
12. ADJOURN TO CLOSED MEETING 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), to discuss the setting of a price for sale or lease of
property owned by the public body (26), and to discuss minutes of meetings lawfully
closed under the open meetings act, whether for the purpose of approval by the body of
the minutes, or for semi - annual review of the minutes as required by the open meetings
act (2c21)
Motion by Trustee Wolin, seconded by Trustee Saiyed, to adjourn to Closed Meeting 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). ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Absent: 1 — Trustee Carson. Motion carried.
The meeting was adjourned to Closed Meeting at 9:17 p.m.
13. ACTION AS A RESULT OF CLOSED MEETING DISCUSSIONS — None presented.
14. ACTION AS A RESULT OF CLOSED MEETING DISCUSSIONS — None presented.
15. ADJOURNMENT
Motion by Trustee Aktipis, seconded by Trustee Zannis, to adjourn the Regular Meeting
of the Board of Trustees at 10:28 p.m. VOICE VOTE: Motion carried.
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ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 12 of 12 REGULAR MEETING OF
JULY 145 2009