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Minutes - 08/10/2010 - Board of TrusteesMINUTES OF THE AUGUST 10, 2010 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 26, 2010. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President John W. Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:06 pm. 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 Stelios Aktipis, Mark Moy, Moin Saiyed, Gerald Wolin and Elaine Zannis. ABSENT: Trustee James Carson IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert Kallien, Community Development Director; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin, Library Director; Thomas Sheahan, Police Chief; Michael Hullihan, Public Works Director; Trey Van Dyke, Sports Core Director; and Mark Sterk, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Craig announced that on Sunday, August 1, 2010, Nick Pavich, a 28 year veteran employee of the Public Works Department, died in a motorcycle accident. President Craig stated that Nick was an outstanding employee who was well respected and well liked by his supervisors and his peers and that Nick arrived at the Public Works garage by 2:00 am daily to operate the street sweeper and to keep the streets of Oak Brook safely lit by making sure all the street lamps were working properly. Nick is survived by his brother Robert and sister Janice. President Craig asked everyone to join him in a moment of silence to remember Nick. President Craig announced that a Special Meeting will be held on August 12, 2010. ComEd will be giving a presentation on their response to the June 23`d wind storm and the July 24`h flood event. Clerk Pruss read the Proclamation for National Preparedness Month — September 2010. 4. RESIDENTNISITOR COMMENT —None A. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 17, 2009 Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the Minutes of the Special Board of Trustees Meeting of November 17, 2009. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page I of 8 REGULAR MEETING OF AUGUST 10, 2010 B. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 20, 2009 Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the Minutes of the Special Board of Trustees Meeting of November 20, 2009. VOICE VOTE: Motion carried. C. SPECIAL BOARD OF TRUSTEES MEETING OF DECEMBER 1, 2009 Motion by Trustee Zannis, seconded by Trustee Moy to approve the Minutes of the Special Board of Trustees Meeting of December 1, 2009. VOICE VOTE: Motion carried. D. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 12, 2010 Motion by Trustee Moy, seconded by Trustee Zannis to approve the Minutes of the Regular Board of Trustees Meeting of January 12, 2010. VOICE VOTE: Motion carried. E. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 9, 2010 Motion by Trustee Wolin, seconded by Trustee Moy to approve the Minutes of the Regular Board of Trustees Meeting of February 9, 2010. VOICE VOTE: Motion carved. F. REGUALR BOARD OF TRUSTEES MEETING OF MARCH 23, 2010 Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the Minutes of the Regular Board of Trustees Meeting of March 23, 2010. VOICE VOTE: Motion carried. G. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 27, 2010 Motion by Trustee Zannis, seconded by Trustee Moy to approve the Minutes of the Regular Board of Trustees Meeting of April 27, 2010. 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 AUGUST 6, 2010 - $2,395,047.26 Significant Items included in Above: 1) Legal Bills a. Odelson & Sterk, Ltd. — Legal Services - June, 2010 - $25,571.97 2) Illinois State Toll Highway — 2 °d Payment per IGA -I88 (York — Rt 83) - $1,670,000.00 3) James J. Benes & Associates — PO #5 — 2010 W.M. Const. Insp. - $16,795.77 4) PirTano Construction Co. —PO #5 — 2010 W.M. Replacement Project - $162,741.95 5) Illinois Department of Transportation — Final Payment — Butterfield Widening - $33,591.52 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 24, 2010 - $624,549.19 VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF AUGUST 10, 2010 C. COMMUNITY DEVELOPMENT REFERRALS 1) Referral — Oak Brook Park District — 1450 Forest Gate Road — Variation — Amend Ordinance S -1084 to Extend the Use of the Oak Brook Park District Ball Field Lights. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: E. AWARD OF CONTRACTS 1) State Bid of Deicer Salt 2) Tyler Technologies — Annual Financial Software Maintenance F. BUDGET ADJUSTMENTS 1) Finance - Promenade Special Tax Allocation G. ORDINANCES & RESOLUTIONS 1) Resolution 2010- LY- AG -EXI -R -1080, A Resolution Authorizing the Execution of an Intergovernmental Agreement Between the Oak Brook Public Library and the Multitype Automation Group in Cooperation (MAGIC) and Authorizing Membership in MAGIC 2) Ordinance 2010- LY -EXl -S -1290, An Ordinance Adopting an Amendment to Library Meeting Room and Group Study Rooms Policy Motion by Trustee Wolin, seconded by Trustee Moy, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson (arrived at 7:25), Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. ITEMS REMOVED FROM CONSENT AGENDA — None 8. BOARD & COMMISSION RECOMMENDATIONS — None 9. UNFINISHED BUSINESS A. ORDINANCES AND RESOLUTIONS 1) ORDINANCE 2010- LC -AL -G -929, AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8A OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE NUMBER OF AUTHORIZED LIQUOR LICENSES Motion by Trustee Wolin, seconded by Trustee Moy to approve passage Ordinance 2010 - LC-AL-G-929, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF AUGUST 10, 2010 Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Moy, Saiyed, and Wolin Nays: I — Trustee Zannis Abstain: 0 —None Absent: 0 —None Motion carried. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS — None B. ORDINANCES & RESOLUTIONS — None C. AWARD OF CONTRACTS I) CLASSIFICATION & COMPENSATION STUDY Presented by Trustee Zannis. Trustee Zannis stated that six companies were interviewed and narrowed down to one company. Trustee Zannis also stated that she would like to educate the other Trustees on this matter and table this item to the next Board Meeting. Motion by Trustee Zannis, seconded by Trustee Wolin to table the award of contract for the Classification and Compensation Study until the next Board Meeting. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. D. RELEASE OF CLOSED MEETING MINUTES TO THE GENERAL PUBLIC FROM JULY 14, 2009 THROUGH DECEMBER 1, 2009 Motion by Trustee Saiyed, seconded by Trustee Moy to approve Resolution 2010 -CL- MIN-EXI -R -1081, a Resolution for the Approval and Release of Closed Meeting Minutes to the General Public from July 14, 2009 through December 1, 2009. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. E. REQUEST TO REFUND/WAIVE PERMIT FEES FOR STORM RELATED DAMAGE Presented by Trustee Zannis. Trustee Zannis stated that there have been 14 permit VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF AUGUST 10, 2010 applications for storm damage due to the wind storm that occurred on June 23`d and 3 permit applications for storm damage due to the July 24`h flood. Trustee Zannis is requesting that a refund and /or waiver of 20% of the permit fee be given to residents applying for permits for repair due to the two storms. Motion by Trustee Zannis, seconded by Trustee Aktipis to authorize staff to develop a policy that would reduce permit application costs for residents for June and July storm repair costs to 20% of the normal costs for all permit applications made by September 24, 2010. Trustee Saiyed stated that residents should not be charged for permit application costs and requested an amended motion. All Trustees agreed and stated that residents that paid for permit application costs should be refunded the entire amount. Community Development Director Kallien stated that staff will issue refund checks and mail them out to the residents who already paid. Amended motion by Trustee Saiyed, seconded by Trustee Zannis to waive the permit application fees /costs for residents for June and July storm repair costs for all permit applications made by September 24, 2010. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. F. DUPAGE COUNTY ETSB /RADIO INTEROPERABILITY PROJECT PRESENTATION Pat Hughes from Motorola, Linda Zerwin from DuPage ETSB, and Village staff provided a presentation on a proposed county -wide interoperable radio project. Motorola and the State of Illinois partnered and built STARCOM21 radio network for interoperability throughout DuPage County. The network is 6 years old and is constantly being upgraded. The benefits and drawbacks of the STARCOM21 radio network were discussed. A letter of intent will help Motorola and ETSB decide which communities will be participating in this project, which will then determined the reoccurring costs for each community. If the Village decides to participate, the "go live" date will be July, 2011 with no cost to the Village for the first four years. Information packets were given to all Trustees to better understand the project. Discussion ensued. Motion by Trustee Aktipis, seconded by Trustee Wolin to direct and authorize the Village Manager to provide the DuPage County Emergency Telephone System Board (DuPage ETSB) with a Letter of Intent to participate in the STARCOM21 radio network project. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF AUGUST 10, 2010 Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. H. INTERGOVERNMENTAL AGREEMENT — TECHNOLOGY DRIVE LAND EXCHANGE Presented by Manager Niemeyer. Manager Niemeyer stated that this is an intergovernmental agreement between Oak Brook and Lombard that will detach a portion of Technology Drive from Lombard and be annexed by Oak Brook. He also stated that upon approval, the owners of the Oak Brook Promenade would purchase the westerly portion of the Technology Drive parcel and incorporate it into the overall Promenade project as an area for future parking lot expansion and DMG Real Estate would purchase the remaining easterly portion for parking improvements. He further stated any improvements proposed by either party must be approved by the Village. Discussion ensued. Motion by Trustee Aktipis, seconded by Trustee Wolin to approve and authorize execution of the Intergovernmental Agreement. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER B. VILLAGE CLERK Clerk Pruss stated the National Election is November 2, 2010 and the Municipal Election is April 5, 2011. The positions up for reelection on April 51h are the Village President, the Village Clerk and three Trustee positions. Petitions will be available on September 21, 2010 and must be turned in by December 20, 2010 by 5:00 pm. General information will be posted on the Oak Brook website. Clerk Pruss also reminded everyone to register to vote if they have not done so already and to get the word out to all 18 year olds before they go away to school. C. TRUSTEES Trustee Zannis reminded everyone to come out and enjoy the Wednesday Buffet's being held at the Oak Brook Golf Clubhouse. D. VILLAGE PRESIDENT President Craig stated his disappointment with ComEd's response to the stones. He also stated that the outages lasted too long and that he directed Attorney Sterk to draft a stern letter to ComEd. ComEd agreed to attend a town hall meeting scheduled for Thursday, VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF AUGUST 10, 2010 August 12, 2010 to discuss long term solutions to avoid situations like this in the future. President Craig expressed his gratitude to residents and Village employees who went above and beyond the call of duty during the storms. Manager Niemeyer stated that ComEd will give a presentation of their response to the storms and to hear residents concerns and address them. It will be a town hall meeting setting. 12. ADJOURN TO CLOSED MEETING 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), 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 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 (2cl 1). Motion by Trustee Aktipis, seconded by Trustee Wolin 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), 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 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 (2c11). ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. This meeting was adjourned to Closed Meeting at 8:36 pm. 13. RECONVENE The Regular Meeting of the Village Board of Trustees was called to reconvene by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 10:18 p.m. 14. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF AUGUST 10, 2010 PRESENT: President John W. Craig, Trustees Stelios Aktipis, James Carson, Mark Moy, Mom Saiyed, Gerald Wolin and Elaine Zannis. ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; and Mark Sterk, Village Attorney. 15. POLICE UNION CONTRACT Presented by Trustee Aktipis. Trustee Aktipis stated that the Village has been in negotiations for a Collective Bargaining Agreement with the Fraternal Order of Police Union for almost 1 '/z years regarding years 2009 — 2011. He also stated that the main points of the agreement are: 2% pay increase for 2009, 0% pay increase in 2010, 2.5% pay increase in 2011, and an increase in employee insurance contribution to 17.5 %. Motion by Trustee Aktipis, seconded by Trustee Saiyed to approve, subject to final staff review and attorney review, the proposed Collective Bargaining Agreement (CBA) with the FOP, which voted and ratified the proposed Agreement on August 5"'. ROLL CALL VOTE: Ayes: 6- Trustees Aktipis, Carson, Moy, Saiyed, Wolin, and Zannis Nays: 0 — None Abstain: 0 —None Absent: 0 — None Motion carried. 13. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Zannis to adjourn the Regular Meeting of the Board of Trustees at 10:23 pm. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF AUGUST 10, 2010