Minutes - 07/28/2009 - Board of TrusteesPGA OF OAIC0 MINUTES OF THE JULY 28, 2009 REGULAR MEETING OF THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK
® - e APPROVED AS WRITTEN OR AS AMENDED ON JANUARY 26, 2010.
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1. CALL TO ORDER
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 7:30 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, James Carson, Mark Moy, Gerald Wolin, Elaine
Zannis and President Craig.
ABSENT: Trustee Moin Saiyed
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, Susan
Madorin, Acting Library Director; Michael Hullihan, Public Works Director; Thomas
Sheahan, Chief of Police and Trey VanDyke, Sports Core Director.
3. PRESIDENT'S OPENING COMMENTS
President Craig announced that items 10.A.2 and 10.G. will be removed from this agenda.
4. RESIDENTNISITOR COMMENT
Resident Nelly Naguib — spoke on behalf of the Oak Brook Civic Association. She made a
request to the residents asking all households to please join the Oak Brook Civic Association and
send in their dues of $45.00. This fee includes an Oak Brook calendar with helpful information
and monthly newsletters. They have a tight budget and a large expense is the annual calendar
that goes to all households in Oak Brook. She also indicated a need for sponsors to help defray
some of the costs of the calendar and thanked those who have already offered sponsorships.
Resident Bill Lindeman would like to comment later in the meeting when the zoning request
issued by McDonald's is discussed.
Brendan Daily and Mike VanZandt were McDonald's representatives available to comment on
McDonald's zoning requests.
Resident Richard Dickenson spoke to the Village Board regarding his concerns on staff cuts.
He explained that he has had extensive dealings with the Village and the staff has been
exceptional in every instance. He praised the staff for their hard work and commitment to the
Village and the residents. He wanted to make sure that the staff knows that he appreciates their
work and honesty and wants the Village and residents to understand that these are hardworking
people and deserve appreciation.
Trustee Aktipis responded to Mr. Dickenson's remarks. He appreciates residents comments and
wanted to assure that the process was a difficult one, but there is a responsibility to the residents
VILLAGE OF OAK BROOK Minutes Page I of 9 REGULAR MEETING OF JULY 28, 2009
of this community to make certain that we move forward to take whatever steps are necessary to
protect the financial condition of the community. Trustee Aktipis added that they are very
impressed by the quality of our staff and realize their commitment to serve as well but they did
have to take some steps to bring the budget under control.
Manager Niemeyer stated that none of the layoffs occurred in the police or fire sworn personnel,
but he does agree that there has been way too much negative press about the staff, who now are
really the ones that have to work a lot harder due to the vacancies. He stated it was good to hear
those positive comments and thanked Mr. Dickenson for his remarks.
5. APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of July 14, 2009
Page 2, second line from the top, refer to expense caps for 2009 by approximately $250,000, that
is actually $750,000, and in line 4 the recommendation included approx. $1.1 million, but the
correct number would be $1.25 million.
Motion by Trustee Aktipis, seconded by Trustee Carson to approve the Minutes of the Regular
Board of Trustees Meeting of July 24, 2009 as amended.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Carson, Moy, Wolin and Zannis
Nays: 0
Abstain: 0 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 24, 2009 - $744,798.43
Significant Items included in Above:
1) Legal Bills
a. Odelson & Sterk, Ltd. — Legal Services regarding Mucha Case — June 2009 - $832.50
b. Odelson & Sterk, Ltd. — Legal Services — June 2009 - $30,080.66
c. Hervas, Condon & Bersani — Legal Services — May & June 2009 - $641.86
d. Hervas, Condon & Bersani — Legal Services — June 2009 - $1,673.00
2) DuPage Water Commission — June 30, 2009 — $187,641.50
B. Approval of Payroll for Pay Period Ending July 11, 2009 - $840,017.03
C. Community Development Referrals - REMOVED
1) 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
1) Sports Core — Polo — Sponsorship Revenue
2) ITS — Information Services — Consulting Services
F. Ordinances & Resolutions — none presented
VILLAGE OF OAK BROOK Minutes Page 2 of 9 REGULAR MEETING OF JULY 28, 2009
G. Treasurer's Report - June 30, 2009
H. Hire Police Sergeant - REMOVED
I. Calihan Contract - Bath & Tennis Clubhouse
Items removed from the consent agenda at the request of Trustees are Items 6.C.1, 6.H. and 6.I.
Motion by Trustee Aktipis, seconded by Trustee Moy to approve the consent agenda as amended.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Carson, Moy, Wolin and Zannis
Nays: 0
Abstain: 0 Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA
Item 6.C.1. Community Development Referrals
1) Referral — NAI Hiffman — Oak Brook Promenade — Text Amendment — Zoning Ordinance
Section 13 -7A -1
Trustee Moy requested this item be removed due to concerns of NAI Hiffman allowing a beauty
school to rent space at the Promenade. In view of the economic problems going on at the
Promemade with GoRoma, Robbins Jewelers and a dress shop recently closed. His concern is
allowing a beauty school to take up first floor space that would be prime use for retail that could
generate sales tax revenue. He would find this more acceptable if the beauty school utilizes
space on the second level in one of the offices.
Trustee Aktipis would also like to see a restriction on the amount of space that they can rent.
Mike Vanzandt from NAI Hiffman spoke to the Village Board regarding their concerns. The
beauty school will be utilizing second floor space and it is within NAI Hiffman's control to limit
the amount of rental space.
Motion by Trustee Aktipis, seconded by Trustee Moy to defer the matter to the appropriate
Boards with a recommendation that it will should also look at limiting the amount of space that
can be devoted to non -sales tax producing businesses.
ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Carson, Moy, Wolin and Zannis
Nays: 0
Abstain: 0 Motion carried.
ITEM 6H. Hire Police Sergeant
Trustee Wolin requested this item be pulled from the Consent Agenda. The intent of this
recommendation is to provide direction to the Village Manager on whether he should ask the
Board of Fire and Police Commission to appoint a police sergeant from their current list. Trustee
Wolin is going to recommend that the Village Board do not make the recommendation at this
time. It was not budgeted because in earlier attempts to save money it was decided that this was
one area that the Police Department could get by without filling. He thinks the appropriate thing
to do is conduct the review of the police department before any decisions by the Board are made
to promote someone to sergeant.
VILLAGE OF OAK BROOK Minutes Page 3 of 9 REGULAR MEETING OF JULY 28, 2009
Chief Sheahan responded to this concern and explained the process and reasoning behind the
requested promotion. He feels this position is vital to the operations of the Police Department.
Discussion ensued among the Board members regarding this agenda item.
Motion by Trustee Aktipis, seconded by Trustee Zannis to authorize the Police Chief's request to
the Board of Fire and Police Commission to appoint a police sergeant from their current list.
ROLL CALL VOTE
Ayes: 4 — Trustees Zannis, Aktipis, Moy and President Craig
Nays: 2 — Trustees Wolin and Carson
Abstain: 0 Motion carried.
ITEM 6.I. Calihan Contract - Bath & Tennis Clubhouse.
Trustee Zannis explained the process of this outsourcing agreement which will begin on October
18, 2009 and end on January 1, 2011. Trustee Zannis reviewed key points of the contract and
process for continual review of the operations.
Trustee Zannis motioned, seconded by Trustee Aktipis to approve the food service operating
agreement between Calihan Catering of Chicago and the Village of Oak Brook with respect to
the Bath and Tennis Clubhouse subject to the Village Manager and Village Attorney final review
and formally entering into that agreement prior to August 1, 2009.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS
1) McDonald's Corporation - 2111 McDonald's Drive - Zoning Ordinance - Chapter 12 -
Variations to the Parking and Landscape Requirements to Allow Additional Parking
Trustee Moy explained that the Zoning Board of Appeals at its meeting of July 7 discussed this
issue at length. It is very complicated with a lot of variances that were necessitated because of the
construction being done by IDOT and at times conflicting with the parking requests by
McDonald's. He spoke on the amount of parking spaces that historically have been at that site
and the changes over the years. Presently with Gibson's being constructed on the corner right
behind McDonald's, McDonald's Cafe will be using a considerable of amount of parking spaces
as well as McDonald's headquarters next door.
Discussion among Board members ensued and various questions were responded to by Brendan
Daily of Bollinger Lach & Associates on behalf of the request.
Trustee Aktipis proposed the following amendments to the motion:
• The Village staff will review the existing conditions upon completion of the work done at
the site to determine the height of the final landscaping which may be no less than 2 feet
or up to a maximum height of 4 feet as determined by the Village Staff.
• The Village with the consent of McDonald's will enter in to negotiations with IDOT to
allow McDonald's to determine the feasibility of adding landscaping and screening in the
VILLAGE OF OAK BROOK Minutes Page 4 of 9 REGULAR MEETING OF JULY 28, 2009
IDOT right -of -way along this portion of 22nd Street, again upon completion of project.
Resident Bill Lindeman spoke on this topic and voiced his concerns regarding the trees that will
be cut down should this request be approved.
Trustee Moy motioned, seconded by Trustee Aktipis to concur with the recommendation from
the Zoning Board of Appeals with amendments, approving several variations with the attached
conditions in order to construct additional parking at the McDonald's Plaza I Building located at
2111 McDonald's Drive and authorize the Village Attorney to prepare the necessary ordinance(s)
for final consideration at the August 11, 2009 Board of Trustees meeting. VOICE VOTE:
Motion carried.
9. UNFINISHED BUSINESS
A. Administrative Adjudication Hearing
Manager Niemeyer spoke on behalf of Trustee Saiyed's desire to table this item for a future
meeting.
Trustee Aktipis motioned, seconded by Trustee Carson to table the Administrative Adjudication
Hearing to a future Village Board meeting.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0
Motion Carried.
10 ACTIVE BUSINESS
A. Confirmation of Appointments
1) Zoning Board of Appeals
Trustee Aktipis motioned, seconded by Trustee Zannis to confirm President Craig's
recommendation to appoint Natalie Cappetta to the Oak Brook Zoning Board of Appeals for a
term to expire in November of 2013.
Trustee Aktipis motioned. Seconded by Trustee Zannis
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Absent: 0
Abstain: 0 Motion carried.
2) Firefighter's Pension Fund Board - REMOVED
B. Ordinances & Resolutions
1) Ordinance G-894, An Ordinance Establishing Conditions for Class G Liquor License
and Adding a Class H Classification and Amending Section 4 -1 -7 of the Village Code of
the Village of Oak Brook
Attorney Sterk presented the Ordinance in response to an inquiry from the Illinois State Liquor
Commission. The Village had separate licenses for the Bath & Tennis Club and the Golf Course.
VILLAGE OF OAK BROOK Minutes Page 5 of 9 REGULAR MEETING OF JULY 28, 2009
We have alcohol served at both sites. To comply with State Liquor Control Commission
requirements we created one classification which will address all the Sports Core property.
Trustee Zannis motioned, seconded Trustee Wolin for passage of Ordinance G -894 An
Ordinance Establishing Conditions for Class G Liquor License and Adding a Class H
Classification and Amending Section 4 -1 -7 of the Village Code of the Village of Oak Brook.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
C. Award of Contracts
1) Alarm Board Monitoring Services
Trustee Moy explained that the Village has dealt with ADT for alarm board monitoring services
in servicing the alarm system. The current agreement is up for renewal and the Village
conducted an RFP. The best proposal received is from ADT.
Trustee Moy motioned, seconded by Trustee Wolin that the Village board award the contract and
authorize the Village Manager to enter into an agreement with the ADT /Tyco, Inc for Alarm
Board Monitoring Services pending final legal and staff review.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
2) Fire Consulting Contract
Trustee Moy explained that the Village Board has been looking into a fire department consultant
in order to evaluate current fire department service, review the most recent staffing reports,
review staffing per shift, per car, overtime costs and review the current collective bargaining
agreements etc..
Trustee Moy stated that this move in no way comments negatively on the role that the Fire Chief
Tom McEllin has played in trying to save the Village money. Tom has been working diligently
and conscientiously with the Board side -by -side to reduce costs at the Fire Department. An RFP
was conducted, the Par Group and McGrath Consulting both submitted proposals.
Trustee Aktipis motioned, seconded by Trustee Moy to approve the selection of McGrath
Consulting, as their choice for this particular evaluation of the Fire Department.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
D. Police and Fire Consolidation Discussions
Manager Niemeyer stated that this discussion/meeting was initiated by Hinsdale as several
communities are also feeling budget challenges. This is an exploratory discussion and will be a
VILLAGE OF OAK BROOK Minutes Page 6 of 9 REGULAR MEETING OF JULY 28, 2009
Jong term process. It will be a public process with public meetings and public input. Manager
Niemeyer recommends that we continue discussions with Hinsdale, Burr Ridge and Clarendon
Hills.
Trustee Aktipis motioned, seconded by Trustee Carson to authorize the Village President and
Village Manager to continue discussions for the possibility of working together with neighboring
communities on a cooperative arrangement to improve services and decrease costs to the Village.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
E. Illinois Municipal Retirement Fund
Manager Niemeyer discussed the IMRF proposal and the pension funds situation. There are 3
options with different contribution rates available. Manager Niemeyer is recommending Option
#1.
Trustee Aktipis motioned, seconded by Trustee Wolin that the Village Board select Option #1,
the ARC (Annual Required Contribution) employer rate at 12.31 % for regular members and
14.35% for SLEP (Sheriffs Law Enforcement Personnel).
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
F. Oakbrook Terrace Street Lighting Agreement/Street Lighting Beautification Program -
Update.
Trustee Aktipis explained the history and reasoning behind this agenda item request to coincide
with the 22n Street construction being done by IDOT. He stated that the Village Board now has
to make a decision as to whether or not they want to meet the funds that are necessary to add
special lighting for the 22nd Street construction. The cost will be more than what the state will
approve for the lighting area. Trustee Aktipis explained the three options that the staff has
proposed.
Trustee Wolin stated that while IDOT is tearing up the road, this is the ideal time to put the
conduit in so if at a later date the Village desires to have lighting it would be fairly inexpensive.
The Village would know where all the utilities are. There is also the possibility of renting that
conduit out for a number of years because there are cable companies that are desirous of having
cables. Option 3 would give us that capability.
Trustee Aktipis motioned, seconded by Trustee Wolin, to delete the lighting enhancements as
part of the IDOT 22nd Street Improvements. Install underground conduits to ease construction of
lighting improvements in the future.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
VILLAGE OF OAK BROOK Minutes Page 7 of 9 REGULAR MEETING OF JULY 28, 2009
G. Water Service Areas - REMOVED
H. 2009 Autumn Festival Budget
Trustee Wolin presented the Autumn Fest budget for the September 20, 2009 event. He
congratulated the Committee on their fund raising efforts to have this be a self supported event.
Trustee Wolin motioned, seconded by Trustee Aktipis to approve the budget for the 2009
Autumn Festival as recommended by the Autumn Festival Committee pursuant to Village Board
Resolution R -1030.
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion carried.
11 INFORMATION & UPDATES
A. Village Manager
Manager Niemeyer offered a minor piece of good financial news. A memo from Fire Chief
McEllin explains that the Village's old engine 912 was out for sale. It had a budget expectation
of $60,000 in proceeds and we have received an offer of $81,000 for that engine.
B. Village Clerk
Reminder, Wednesday buffet's at the Bath & Tennis Club. Reservations are requested but not
necessary.
C. Trustees
Trustee Carson announced that the tennis program has become very vibrant this year. There are
some interesting, competitive and social events coming up this season and he encourages anyone
who wishes to please join in.
Trustee Aktipis announced that Gibson's has already applied for a building license, so you will
see things happening in that area. We also received notification today that we have received
approval from the State for the traffic light at Costco.
D. Village President
President Craig stated that this entire Board has a goal of ending 2009 in the black. This has
been a difficult project but we have been working along those lines and increased our reserves to
$9 million.
12 Trustee Zannis motioned, seconded by Trustee Aktipis 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), to discuss collective negotiating matters between the public body and
its employees or their representatives, or deliberations concerning salary schedules for
one or more classes of employees (2c2) and to discuss minutes of meetings lawfully
closed under the Open Meetings Act, whether for the purpose of approval by the body
VILLAGE OF OAK BROOK Minutes Page 8 of 9 REGULAR MEETING OF JULY 28, 2009
of the minutes, or for semi - annual review of the minutes as required by the_Open
Meetings Act (2c21).
ROLL CALL VOTE:
Ayes: 5 - Trustees Zannis, Aktipis, Carson, Moy, Wolin
Nays: 0
Abstain: 0 Motion Carried. Adjourned to closed session at 9:30 PM.
13 ADJOURNMENT
Trustee Wolin motioned, seconded by Trustee Aktipis to adjourn the regular meeting of July 28,
2009 at 10:46 p.m. VOICE VOTE. Motioned carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 9 of 9 REGULAR MEETING OF JULY 28, 2009