Minutes - 07/22/2008 - Board of TrusteesMINUTES OF THE JULY 22, 2008 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 25, 2008.
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 7:32 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 James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of
Community Development; James Bodony, Fire Chief; Bruce F. Kapff,
Director of Information Services & Purchasing; Michael J. Meranda,
Public Works Director; Nelson Patras, Bath & Tennis Club Operations
Manager; Trey VanDyke, Golf Club Manager, Sue Madorin, Library Head
of Youth Services and Mark DeLise, Police Lieutenant.
3. PRESIDENT'S OPENING COMMENTS — None presented
4. RESIDENT /VISITOR COMMENT
Resident Richard Allison addressed the Board regarding the proposed Illinois Cycling
Association race in Oak Brook. He commented that he had received a communication
from the Assistant Village Manager Blaine Wing asking that he and other affected
Homeowners Association Presidents contact their constituents regarding the race. He
reported that he did discuss this with members at a regularly scheduled meeting and did
not have any negative feedback. He relayed this information to Assistant Manager Wing.
Afterwards he received some concerns regarding traffic. He expressed that he felt it
would be a fun event and a great benefit, short and long term, for the Village. He also
complimented the Village for the great job that was done at the 41h of July Celebration.
Resident Mario Vescovi also addressed the Board regarding the Illinois Cycling
Association race indicating that it would have a great impact for the Village in a positive
manner, providing a lot of notoriety and good exposure for the Village and could have an
economic impact in the area as it grows. He also expressed concerns for safety issues
regarding York and Spring Roads and suggested that the safety issues were of paramount
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5.
6.
importance to the residents of the area.
Assistant Village Manager Blaine Wing reported on the safety issues that had been
discussed relative to the race and assured the Board and residents that all safety issues
were being addressed.
APPROVAL OF MINUTES — None presented
CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING JULY 1812008 - $150441,127.64
Significant Items included in Above:
1) Seyfarth Shaw, LLP — Legal Services — May, 2008 - $5,863.46
2) Kubiesa, Spiroff, Gosselar, Acker & DeBlasio, P.C. — Legal Services — June,
2008 - $4,127.50
3) DuPage Water Commission - $143,121.67
4) Hitchock Design Group — Payout #6 — 22" d Street Improvement Project -
$20,000.00
5) Hitchock Design Group — Payout #7 — 22nd Street Improvement Project -
$7,500.00
6) Hervas, Condon & Bersam, P.C. — Legal Services — June, 2008 - $2,798.20
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 125 2008 -
$775,796.25
C. COMMUNITY DEVELOPMENT REFERRALS — None presented
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) GMC OR CHEVROLET FIRE DEPARTMENT COMMAND VEHICLE
Due to market conditions, staff felt that this was an ideal time to replace the
Command Vehicle Staff that was scheduled this year. It is an 8 year old Ford
Expedition that serves as the Fire Department Command Vehicle. It would be
retained to serve in the Fire prevention Bureau for inspectors and for Public
Education and CPR Training, it is felt that the department can get more use out of
it. Fire Prevention Unit 958 has over 105,000 miles and is in need of many
costly repairs was a 2001 recycled squad car. It. would be sent to the DuPage
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I
Mayor's and Manager's Auction
The Ford Expeditions that the Village currently purchases are not designed for
heavy -duty usage, such as that of an emergency response vehicle. Our Fleet
Mechanic agreed with this and supports the switch to the GM product. The Fords
are not built on a truck chassis and therefore, do not have the suspension nor the
frame to offer the durability needed for safe, extended use. Due to the fact that
the Expedition is not built on a truck chassis, it has a substandard front axle
design. The double - wishbone suspension that Ford uses on their Expedition front
axle causes increased tire wear and has a less reactive /responsive turning action.
This creates a safety hazard during extreme driving situations such as an
emergency response. Another safety issue is that because the Ford Expedition is
not built on a truck frame, it has a tendency to be top heavy and more unstable
than the GM product when cornering.
After speaking with the Village Mechanic, he gave several reasons in an e -mail
why he would choose a General Motors product instead of a Ford. They are as
follows:
• Chevrolet (and General Motors) has made a significant commitment to the
emergency vehicle application of the Tahoe (Suburban/Yukon); they have
purposely built it for severe -duty use. Just one example is that the Ford
standard alternator is 150 amps, while the General Motors' base model
provides a 160 amp alternator
• General Motors also provides factory installed wiring provisions for easier and
more reliable emergency lighting, siren, computer and accessory installations
• General Motors has upgraded brakes, suspension and coolers for the vehicle's
vital fluids
In addition to these comments, further research showed several other benefits of
the General Motors product over Ford. With petroleum prices at record highs and
with prices expected to continue increasing, it would be of great benefit for the
Village to begin modifying its fleet to be more fuel efficient. Citing this, the Fire
Department could be the first to begin this new initiative. A General Motors
product offers:
• Both the Suburban and Yukon offer engines, standard, that can be run on 85%
ethanol blended fuels (FlexFuel), while the Ford Expedition is gasoline
dependent
• The Suburban and Yukon engines incorporate Active Fuel ManagementTM
"In situations where extra power is not needed, such as cruising down the
highway on level roads, Active Fuel ManagementTM deactivates four. of the
eight cylinders with seamless precision. The bottom line: The Vortec 5.3L and
6.OL V8s engines in Suburban (and Yukon) half -ton models are more efficient
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in providing the energy to move the vehicle when only four of the eight
cylinders are operating. "(Chevrolet.com, 2008) Because we have never had an
hour meter on our Command Car, mileage on the vehicle is misleading as to
the amount of time the vehicle has actually been in active service. Our
Expedition has 42,000 miles, but thousands of hours idling on the scene with
its warning lights on. On emergency scenes, it isn't uncommon for the vehicle
to idle for hours at a time. The Active Fuel ManagementTM system would
allow the vehicle to idle at half the consumption rate than that of the Ford
Expedition.
• General Motors full -size SUVs have "Stabilitrak" Electronic Stability Control
with Proactive Roll Avoidance. This is a safety feature that would pay
dividends if the responding Chief were to swerve to avoid an accident. This
benefit is the opposite of the problems presented with the Ford Expedition and
its double - wishbone suspension that is prone to poor handling in high- hazard
driving situations, such as vehicles turning in front of responding vehicles.
• The cubic footage of usable storage space in the Suburban/Yukon XL exceeds
that of the Expedition XL. Since the implementation of the #910 Command
Car, multiple items have been added in order to accommodate the mandates of
operating an effective Incident Command structure. The added space will
allow those items to be carried in an orderly and more easily accessible way. I
would also add additional EMS equipment which currently is inadequate due
to space limitations.
In addition to these points, further research found that the operational costs favor
a General Motors product as well. The City of Naperville conducted a cost
analysis of their SUV fleet in 2007 and found that the cost of operating a Ford
Expedition is approximately .51 cents per mile compared to .42 cents per mile on
the Yukon/Suburban. This cost difference will be greater with new models due to
the fuel management features of the GM products. The City of Naperville has
both brands and keeps extensive vehicle maintenance records.
There are cost differences between the State of Illinois bid Ford Expedition and
the dealer purchased General Motors product. While seemingly more expensive
when looking only at the manufacturer's suggested retail price (MSRP), the
General Motors Corp. offers a program called Bid Assist. This enables
dealerships to competitively price their products with other manufacturer's state
contracts. I spoke with a representative from D'Arcy GMC in Joliet who was
able to give a quote of approximately 36,000.00 on a vehicle listed at 44,000.00.
This would definitely help counter any arguments regarding excessive cost.
Additionally, while the initial price of the vehicle may be higher, labor cost for
installation of radios, lights and other accessories would be lower due to the pre -
wired harnesses. Also, the durability of the General Motors product would allow
the Village to adopt a new schedule for replacement of the 910 Command Car.
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With an extended service life the cost per year could be the same or possibly less
than the cheaper product.
In addition to the above points and cost analysis, vehicle production of both the
Ford Expedition and full -sized General Motors SUVs have already been curtailed
and will be even more limited in 2009. "General Motors Corp. said it will further
cut production of trucks and sport utility vehicles from the summer through the
end of the year "(SeekingAlpha.com, 2008) "GM had been expected to slash its
truck production after similar moves were announced by the Ford Motor
Company. Both Detroit automakers have been hit hard by rising fuel costs
that have dramatically curtailed demand for pickups and full -sized SUV's."
( InternationalHeraldTribune.com, 2008) In addition, General Motors is planning
to implement a 3.5% increase in prices across the board in 2009.
With the current inventory of SUVs growing, it would be in the best interest of
the Village to conduct an RFP from Chevy /GMC dealers sitting on stock units
that are similar to our proposed specification, so as to purchase the new vehicle at
the lowest cost. The future of SUVs may be limited and the use of this vehicle for
Fire Department use is based primarily upon its durability, carrying capacity and
all terrain capability. This is a perfect time to replace the old Command Car and
move it to the Inspection Bureau, where it will be used for Fire Prevention
inspections, Public Education and CPR training. Another asset of this purchase is
that it would give us a back -up to the Command Car for the periods when the
primary vehicle is in for service or, repair. We currently lack this capability and it
severely hampers our operation when the primary vehicle is out of service.
Assuming the vehicle cost of $38,000, the total project will include $10,000 for
the cost of two 16 channel front radios, warning lights, siren, computer docking
station, onboard battery charger, lettering and labor of installation of the radios
and lights. The existing command desk module, three (3) 16 channel rear radios,
MDC computer and other equipment will be transferred to the new vehicle. This
would total approximately $48,000 for the project, well below budget.
The requested action was that the Village Board authorize staff to seek proposals
for an "in stock" GMC or Chevy SUV to be used as the Fire Department
Command Vehicle.
E. BUDGET ADJUSTMENTS
1) ENGINEERING — DRAINAGE IMPROVEMENTS — OTHER SERVICES
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6. F. 2008 SECOND QUARTER HOTEL /MOTEL TAX RECEIPTS
The Oak Brook Hotel, Convention and Visitors Committee, at a meeting of the
Committee members on July 9, 2008, recommended that $22,122.74 be released to
the DuPage Convention & Visitors Bureau. This amount represents 20% of 1 % of
the 2008 second quarter hotel tax receipts.
The requested action was that the Village Board authorize the release of 20% of 1%
of the 2008 third quarter hotel tax receipts to the DuPage Convention & Visitors
Bureau in the amount of $22,122.74, as recommended by the Oak Brook Hotel,
Convention and Visitors Committee.
G. ORDINANCE G -863, AN ORDINANCE AMENDING SECTION 3A OF
CHAPTER 10 (PERFORMANCE STANDARDS) OF TITLE 13 (ZONING
REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK - NOISE
At the June 24, 2008 meeting, the Village Attorney was directed to prepare an
ordinance granting approval of a text amendment to the Zoning Ordinance relative to
the Performance Standards for noise.
The requested action was for passage of Ordinance G -863 which approves an
amendment to Zoning Ordinance Section 13 -10 -313 Performance Standards (Noise)
of the Zoning Ordinance
H. 2008 MEMBERSHIP RENEWAL - ILLINOIS MUNICIPAL LEAGUE
The Illinois Municipal League's dues for the year ending July 31, 2009, is in the amount of
$786.00. As it is the usual practice for the Village Board to consider and act upon
membership renewals that concern major intergovernmental organizations, the following is
offered:
• The League offers services that are of value to the Village in meeting its goals and
objectives. Specifically, as the statewide organization of municipalities in Illinois, the
League is one of the most consistently visible representatives of municipal interests in
Springfield. The League actively monitors developments in the General Assembly,
lobbies aggressively on behalf of municipalities in general, and informs its members in
considerable detail on legislative matters. The League continues to lead efforts to pass an
unfunded mandates constitutional amendment and submit it to the electorate.
• The League's annual conference, held in Chicago, provides elected and appointed officials
with relevant information and training at a very reasonable cost
• The League's monthly magazine, Illinois Municipal Review, is an informative and
relevant publication, particularly for elected officials. In addition to timely articles, it
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includes some very helpful features such as the annual Calendar for Municipal Officials,
published each December.
• The cost of membership remains low in relation to the benefits the Village receives from
membership, especially in the legislative area.
The requested action was to approve renewal of the Village's membership in the
Illinois Municipal League and authorize payment of the membership dues for the
year ending July 31, 2009 in the amount of $786.00
Trustee Saiyed requested that items 6.A.1) and 2) be removed for further discussion.
1) Seyfarth Shaw, LLP — Legal Services — May, 2008 - $5,863.46
2) Kubiesa, Spiroff, Gosselar, Acker & DeBlasio, P.C. — Legal Services — June, 2008
-$41127.50
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA
Trustee Saiyed expressed concern for the monthly legal services bills. He estimated that
the bills had jumped approximately 35% over the last two — three years and he wanted to
highlight this issue. He asked Finance Director Darrell Langlois to review the DUI
prosecutions which was one of his concerns, and present a report to the Board.
Motion by Trustee Saiyed, seconded by Trustee Manofsky, to authorize expenditures to
Seyfarth Shaw, LLP for Legal Services for May, 2008 in the amount of $5,863.46 and to
Kubiesa, Spiroff, Gosselar, Acker & DeBlasio, P.C. for Legal Services for June, 2008 in
the amount of $4,127.50. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
BOARD & COMMISSION RECOMMENDATIONS — None presented
UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented
B. ORDINANCES & RESOLUTIONS — None presented
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9. C. AWARD OF CONTRACTS — None presented
D. I -88 /TUSCAN WOODS NOISE WALL UPDATE
The resident in Lot 7 of the Tuscan Woods Subdivision has not cooperated in
granting the easement required to locate a noise wall on their property. That section
(193 feet in length) is in the middle of the proposed noise wall and the Tollway has
informed us that this wall deletion negates the benefits within their calculations and
they could not financially participate. Based on that, the Tuscan Woods developer
has stated that he wishes to proceed with only the 3 lots within Tuscan Woods that
have approved the wall easement (lots 4 -6).
Village Engineer Durfey met with the Tollway on July 14th to review the changes to
the Oak Brook/Tollway Intergovernmental Agreement (IGA). They confirmed an
IGA is needed and that it had to go back before the Tollway Board (either July 31St or
August 28th). The existing IGA will be revised by them to just discuss the land swaps
since they will not be contributing and the developer will install a wall just for the 3
Tuscan Woods lots.
Our Village Attorney was reviewing the appropriate legal document for the Village to
transfer a part of our ROW of Yorkshire Woods to the Tollway.
Engineer Durfey met with the developer Friday morning (July 18th) to revise the Oak
Brook/Tuscan Woods Agreement. The developer will revise it and forward it to the
Village for staff review.
When these documents are revised and completed, the Special Service Area (SSA)
will be revised accordingly.
With the lack of cooperation of Lot 7, the process is taking much longer than
anticipated
E. WIFI -MESH NETWORK RFP STATUS REPORT
Village staff has been looking at various options to, in essence, provide wireless
broadband access for our Public Safety departments. Options considered include the
proposal made by Federal Signal to install a Village -owned Wireless Mesh within the
Village, WIMAX broadband access provided by a public carrier (we looked at Sprint
as the closest to market), and choosing to stay with our existing laptop `aircards' that
provide less bandwidth but have been acceptable for other public safety departments.
To supplement staff's experience with this technology, we have consulted with a few
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firms, including CTC, InfoComm, and others.
9. E. The current status is that the draft RFP for construction of a Village -owned Wireless
Mesh is being revised, will be cross - checked by CTC, with a target date to release to
vendors of Juy 30th. Based on that release date, proposals will be due to the Village
by August 22'd , followed by CTC and staff review of shortlisted vendors, interviews
and negotiations, with a staff recommendation for Village Board action at its
October 14th meeting.
This RFP will solicit systems that have the following features:
• Will operate on the 4.9 Ghz Public Safety radio band — licensing restricts this
band to only Public Safety agencies, so it will not be overloaded with general
public use during emergencies, etc.
• Public Safety personnel and vehicles will have high -speed wireless access to data
and streaming video.
• Potential use by other Village departments for broadband wireless connectivity
needs — e.g. accessing files and software on the Village's wired network.
• Possible expansion of system to include General Public use on the unlicensed 2.4
GHz band.
• Pricing is being requested for a Pilot plus 3 separate Phases, to give the Village
the ability to try -out the system prior to expanded build -out.
• Initial phases will focus on the Commercial areas, with possible later
implementation serving Residential areas.
• Ability to connect surveillance cameras to the system.
Trustee Wolin commented that it was a good project and there were many benefits, but his
concern was of timing because of the financial status of the Village. He felt this project
should be on hold until the budget process is complete. He would also like to change the
request to a RFI (Request for Information) rather than a RFP since the project is in such a
preliminary stage.
Bruce F. Kapff, Director of Information Services & Purchasing responded that the RFP
was designed into different phases. The first phase would be Oakbrook Center Mall since
that was where the largest area of concern was. It would be used as a pilot site. He
reported that funding was available in the budget due to a lawsuit settlement with
stipulations that these monies had to be used to benefit the general public. Federal Signal
indicated that they felt the money available would cover the project.
Trustee Carson recommended that the Village move forward because of the time and
effort in learning about the project, discussing it with vendors informally and the
momentum that had been built. Trustees Saiyed and Sanford concurred.
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Trustee Kennedy reminded the Board that the money that had been received had to be
used as indicated by the end of the year and that if it was not used for this project another
project would have to be determined or the Village would lose the $150,000 settlement
money received. Director Kapff responded that it was actually 2009, but that it took time
to get through the whole process and expend the monies.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS — None presented
B. ORDINANCES & RESOLUTIONS — None presented
C. AWARD OF CONTRACTS — None presented
D. PUBLIC WORKS DIRECTOR APPOINTMENT
Village Manager Niemeyer asked the Board to approve the appointment of Michael
Hullihan for Public Works Director. The Village Board had significant input on this
decision, including choosing and interviewing the top candidates and recommending
three names to the Village President for further consideration.
President Craig presented Mr. Hullihan's credentials indicating that he was the
Director of Public Works in the Village of Riverside, a graduate of the United States
Military Academy of West Point and held a Masters Degree in Civil Engineering
from the University of Illinois. He had thirty years of experience of which twenty
years were with the U.S. Army Corps of Engineers.
Motion by Trustee Saiyed, seconded by Trustee Kennedy, to approve the
appointment of Michael Hullihan for the position of Public Works Director: ROLL
CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. DUPAGE CONVENTION & VISITORS BUREAU — 2009 CONTRIBUTION
In order for the DC &VB to receive State funding, they need to show that they will
have matching dollars, dollar for dollar. The Bureau has to seek funds annually from
each of the municipalities in DuPage in order to obtain the matching funds. It should
be noted that part of the funds the Village of Oak Brook contributes come back to the
Village in the form of grants and other services. It stretches Village dollars.
Overall the Bureau is seeking the Village's annual commitment to help them apply
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for matching State funds. The Bureau would like the Village's approval by the end
of the month. This will be the sixth year in a row the Village has helped support this
agency. Funds come from the Village's hotel /motel taxes.
Assistant Manager Wing added that for every dollar vested from Oak Brook, the
Bureau generates $76.00 for the Village of Oak Brook.
Skip Strittmatter, President of DuPage Convention & Visitors Bureau for fifteen
years addressed the Board. She reported that the Village of Oak Brook was one of
the primary and founding members of the Bureau. The Bureau represents all
hospitality partners, acting as a sales and marketing organization to bring business
and travel into the area. She described their services.
Resident Mario Vescovi introduced an idea that was being discussed with a large real
estate company in Oak Brook for a small convention center. He added that there
were statistics showing that revenues were increasing in surrounding areas, but that
Oak Brook was stagnant. He suggested that something needed to be done.
Trustee Sanford added that the Commercial Revitalization Task Force was definitely
open to those kinds of ideas.
Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board
authorize the annual commitment to the DuPage Convention & Visitors Bureau, not
to exceed the estimated amount of $85,000 to assist with the application for matching
State funds.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed,, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT — None presented
B. VILLAGE MANAGER — None presented
C. VILLAGE CLERK
Clerk Pruss provided information relative to Voter Registration for the upcoming
Presidential Election.
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
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administrative tribunal, or when the public body finds that an action is probable or
imminent (2cll), to consider the appointment, employment, compensation, discipline,
perfonnance, 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) and 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.
Motion by Trustee Manofsky, seconded by Trustee Kennedy, 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), 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) and 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 at 8:29 p.m. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Motion by Trustee Kennedy, seconded by Trustee Wolin, to adjourn the Regular Meeting
of the Board of Trustees at 10:10 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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