Minutes - 08/11/2009 - Board of Trustees1.
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CALL TO ORDER
MINUTES OF THE AUGUST 11, 2009 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
JANUARY 26, 2010.
The Regular Meeting of the Village Board of Trustees was called to order by the Village
President John W. Craig in the Samuel E. Dean Board Room of the Butler Government
Center at 7:31 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, Trustee James Carson, Mark Moy, Moin Saiyed,
Gerald Wolin, Elaine Zannis and President John W. Craig
ABSENT:
IN ATTENDANCE: David'Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of
Community Development; Sharon Dangles, Acting Finance Director;
Thomas McEllin, Fire Chief; Margaret Klinkow Hartmann, Library
Director; Michael Hullihan, Public Works Director; Thomas Sheahan,
Chief of Police; Bob Kallien, Engineering and Jim Fox, IS Manager.
PRESIDENT'S OPENING COMMENTS
President Craig began by giving an update on the Oak Brook Half Marathon. He turned
the topic over to Blaine Wing who introduced the race director Tom Hepperly. Mr.
Hepperly said that right now they have 1,100 runners signed up, and expects to sell out
with approx 2,000 runners. He stated some changes are being made, such as switching the
route so the runners are running in the opposite direction which should free up major
intersections quicker this year. They added a Medical and Communications Director to
improve communications with Police and Fire during the race.
RESIDENTNISITOR COMMENT
Resident Bob Sanford, former Trustee, spoke about his concerns regarding the current
Board of Trustees having lost some degree of their focus. He states that while running for
the Board, Trustees Zannis and Aktipis said they could recruit new business to Oak
Brook. Yet since the new Board was seated he has only heard about how to reduce costs
by cutting staff and salaries. He worries that as the Board focuses on personnel they will
only be solving short term issues without real long term solutions. The only long term
solution is to recruit new businesses in order to increase Oak Brook's income.
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Trustee Aktipis asked Mr. Sanford if he heard from any of the Trustees that they were
reducing staff costs by 15% or if he was just picking up rumors from the street. Mr.
Sanford replied he got his information from the first finance committee when public
comments were being made, and stated Trustee Aktipis was not there during that time.
Trustee Aktipis stated Mr. Sanford was making irresponsible accusations and asked Mr.
Sanford what he did during his 4 year term to increase income for Oak Brook. Mr.
Sanford replied, the Promenade, the development at Clearwater, Gibson's and the PUD to
name a few.
Resident Kathy Maher, President of the Oak Brook Historical Society, addressed the
Board regarding bringing money to the Village with their lease situation. Mrs. Maher
states she would like to see the Old Butler School opened to the residents. She has
accepted 12 checks from former students of the Butler School, which will be matched by
a grant, combined with the $18,500 contribution from the 2008 Historic Preservation
Fund and $10,000 Park District contribution for the interior renovation.
5. APPROVAL OF MINUTES — None at this time.
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 7, 2009 - $ 330,215.05
Significant items included in above:
6. 1) Legal Bills
A. Seyfarth Shaw — Legal Services — June 2009 - $19,802.50
2) Hitchcock Design Group — Payout #16 — 22nd Street Improvements - $5,150.00
3) James J. Benes & Associates — Payout #2— Timber Trails W.M. Design $20,862.69
B. Approval of Payroll for Pay Period Ending July 25, 2009 - $ 649,280.65
C. COMMUNITY DEVELOPMENT REFERRALS
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS — None
E. BUDGET ADJUSTMENTS
1) Sports Core
F. ORDINANCES & RESOLUTIONS
1) Ordinance S -1269, An Ordinance to Approve McDonald's Corporation - 2111
McDonald's Drive - Variations — Parking and Landscaping Requirement —
Additional Parking Spaces
VILLAGE OF OAK BROOK Minutes Page 2 of 9 REGULAR MEETING OF
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2) Ordinance S -1270, An Ordinance Authorizing the Sale through Electronic
Auction or Broker, Donation or Disposal of Certain Items of Personal Property Owned by
the Village of Oak Brook
G. 2009 Second Quarter Hotel/1V4otel Tax Receipts
H. 2009 Paving Project Change Order No. 1
Motion by Trustee Aktipis, seconded by Trustee Saiyed, 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
Items: 6.A .1, 6.A.2 and 6.1-1.
To Pay 6.1 Roll Call Vote:
Motion by Trustee Aktipis, seconded by Trustee Moy, 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.
To Pay 6A.2 Roll Call Vote:
Motion by Trustee Wolin, seconded by Trustee Carson, 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.
To Pay 6. H Roll Call Vote:
Motion by Trustee Aktipis, seconded by Trustee Moy, 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.
8. BOARD & COMMISSION RECOMMENDATIONS - None
9. UNFINISHED BUSINESS
A. Oakbrook Terrace Street Lighting Agreement/Street Lighting Beautification
Program- Update
Trustee Aktipis spoke in regards to the street lighting. Initially he wanted to scrap the
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project due to a change in, projected costs associated with infrastructure work. After
careful analysis of the revised budget, he still doesn't approve and wants to scrap the
project.
Trustee Zannis stated she is "pro- lights" and wanted to include that fact. She didn't take
former Trustee Sanford's comments personally or in an insulting manner, but rather as a
reminder of their duty to the citizens of Oak Brook. Trustee Zannis stated there is over
$100K in grants, plus $500K from OBT and $3.3 million in the Infrastructure Fund for
this project. She sees no reason to delay a project already budgeted and lose funding that
has been promised. She would like to table the motion until the end of the year at the
latest.
Trustee Wolin stated time was a problem as IDOT is currently designing the lights and
road.
Bob Kallien mentioned the original estimates were lower because they were incorrect. If
the lights are put up now they will fall under IDOT standards and cost more.
Trustee Carson wondered if there would be greater costs associated with putting the lights
up later, like going back and digging up roads, versus doing it now.
Bob Kallien stated that all they would need is a permit for the right of way, and not
rushing; to install the lights now would be cheaper. Trustee Carson questioned if the net
benefit may not be there later. Bob Kallien stated there was a $290K credit lost to redo the
lights, plus cost sharing lost by Oakbrook Terrace.
Trustee Carson stated he needed more information.
Trustee Aktipis stated if we proceed with the cables they might get damaged and therefore
make them unusable in a few years.
Trustee Zannis asked if the previous Board knew from day 1 that it would be cheaper to
put in the lights after construction and why wasn't it decided then?
Bob Kallien stated that decision was made by a different Board and a different Director.
Manager Niemeyer stated the lighting costs have not changed, the burial costs changed.
Trustee Wolin went on to explain if they voted not to install decorative lights, IDOT
would put up the transitional lights, and the Village would lose the $300K, if they wait to
vote, they will have to remove the transitional lights, then pay to erect the decorative
lights, without the benefit of the Oakbrook Terrace money. He would like to make a
decision quickly.
Trustee Aktipis stated the streets are going to be widened and the lighting issue becomes a
commercial one then. He suggested waiting until the road is finished before making a
decision.
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Trustee Zannis stated she would like to see a side -by -side financial analysis by the next
Board meeting.
Trustee Wolin stated he would like to see photos of the transitional lights versus the
decorative ones.
Trustee Aktipis amended his motion to recommend staff analysis review vs. future costs.
Seconded by Trustee Wolin.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Abstain:0 — None Motion carried.
B. Additional Budget Reductions
Trustee Aktipis spoke regarding the $300K the Board asked Manager Niemeyer to cut
from the 2009 budget. He moved to approve the $300K, minus the $60K from the library.
Trustee Saiyed suggested they volunteer their salaries (approx $45K a year) to save the
Village money. Trustees Wolin and Aktipis stated they would volunteer their salaries.
Trustee Zannis stated she wanted to make a statement in an effort to remain transparent;
she wanted to know what was spent this year on gypsy moth spraying, ash borer beetle
treatment, and tree removal. There was a $1 OOK budget, and $68K was used, in addition
to a $3K consultation fee. Mike Hullihan stated they saved money by moving some of the
projects in- house, like having our guys remove the trees and using our guys to plow the
library parking lot. The savings for the Village would be approximately $10 -15K this
year. Trustee Zannis also stated she wanted a breakdown of the $71K for miscellaneous
cuts. Fire Chief Tom McEllin stated part of that money was cut from his budget that
would include Fire Prevention training and Public Education events, like fire extinguisher
training and fire drills. McEllin stated these cuts would affect services the citizens receive.
Trustee Zannis moved to table the $71K until they could ensure it would not cut any
services to citizens. Trustee Moy stated he doesn't want to micromanage the decisions
Manager Niemeyer has made, and they gave him the authority to cut $300K. Trustee
Zannis rebutted that they asked for a $300K cut that would not affect the services the
residents receive. Residents should know they didn't vote to cut $60K from the library
budget by not purchasing books. They should know it came from library personnel cuts.
Trustee Wolin agreed with the comments Trustee Zannis made, adding "we shouldn't
micromanage", but "we have to make cuts ". Trustee Saiyed questioned if we have enough
people to do all this "in- house" work as we are cutting staffing and personnel while
increasing their work loads. Manager Niemeyer stated they have made cuts all the way
down to eliminating purchases. He states they will do everything possible to not have to
dip into reserves. Trustee Wolin stated he agrees with Trustee Zannis that they need to be
more transparent and should include in the Village newsletter that every resident receives,
a break down, by department, of the major changes within that department, and then also
make the information available on the website.
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Motion by Trustee Wolin, seconded by Trustee Aktipis, to review the proposed cuts
without affecting services versus cuts affecting services.
ROLL CALL VOTE:
Ayes: 6 - Trustees Moy, Saiyed, Carson, Aktipis, Wolin, and Zannis
Nays: 0
Abstain: 0 - Motion carried.
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) Board of Fire & Police Commission — Appointed John Pircon
Motion by Trustee Wolin, seconded by Trustee Moy, to approve appointment to
Board of Police and Fire Commission to fill term due to expire in 2011.
ROLL CALL VOTE:
Ayes: 6 - Trustees Moy, Saiyed, Carson, Aktipis, Wolin, and Zannis
Nays: 0- None
Abstain: 0 - Motion carried.
2) Hotel, Convention & Visitors Committee — Richard Allison, Gail Long
Motion by Trustee Wolin, seconded by Trustee Aktipis, to approve appointments to
the Hotel, Convention and Visitors Committee.
ROLL CALL VOTE
Ayes: 6 - Trustees Moy, Saiyed, Carson, Aktipis, Wolin, and Zannis
Nays: 0- None
Abstain: 0 - Motion carried.
3) Firefighter's Pension Fund Board — Sharon Dangles
ROLL CALL VOTE:
Motion by Trustee Moy, seconded by Trustee Saiyed, to approve the appointment of
Sharon Dangles to the Firefighter's Pension Board Fund.
Ayes: 6 - Trustees Moy, Saiyed, Carson, Aktipis, Wolin, and Zannis
Nays: 0- None
Abstain: 0 - Motion carried.
B. ORDINANCES & RESOLUTIONS - None present.
C. AWARD OF CONTRACTS — None presented.
D. Approval of Declaration of Stormwater Facilities Easements, Covenants, Conditions
and Restrictions — Gibson's Restaurant — 2105 Spring Road — Permit No. 08 -3 -800
Trustee Wolin reports the Gibson's restaurant will be located on Spring Road in the
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current location of McDonald's detention pond. The pond will be relocated on the
property, deepened and enclosed with a nice fence and landscaping.
Motion by Trustee Wolin, seconded by Trustee Saiyed.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis.
Nays: 0 -None.
Abstain: 0- None. Motion carried.
E. PrimeCo Cy Pres Settlement Fund Disbursement
Trustee Moy recommended using the funds from the settlement, approximately $84K
on 4 items which he asked Assistant Manager Blaine Wing to expand on. He
presented information regarding public safety, mass notifications, police leads via
online system and emergency siren services. President Craig asked Lt. Shuey to give
her input regarding police leads online. Lt. Shuey stated during the 30 day free trial
they were able to retrieve stolen merchandise for one case. She felt it was a
worthwhile program to invest in. Assistant Manager Blaine Wing continued to
explain the money had to be spent on public safety items not already budgeted for.
Trustee Aktipis asked Manager Niemeyer if there was any way to use these funds for
other projects and Manager Niemeyer replied he would have to look line item by item
before making that decision. With that answer, Trustee Aktipis moved to table the
item until the next Board meeting.
Motion by Trustee Aktipis, seconded by Trustee Saiyed, that the Village Board allow
Manager Niemeyer two weeks to review the items and have a report for them at the
next meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis.
Nays: 0 - None.
Abstain: 0- None. Motion carried.
F. Historical Society Agreement
Trustee Carson opened his statements by recognizing the Historical Society has been
patiently waiting for years to have a formal lease signed that would allow them 20 years,
at $1 per year. He stated this was not a normal term for contracts. He also had concerns
regarding the Fire and Casualty Insurance that would be required for this property that is
separate from the other insurance that umbrellas other Village properties. In the instance
of a fire, the Historical Society would like to be in charge of the decision as to whether or
not to rebuild. This is unusual for the lease holder and not the property owners (the
Village) to make that decision. Trustee Carson moved to approve the Historical Society
agreement with the following changes: lease term will be 5 years with 3 renewal options
and eliminate the Village requirement to carry Fire and Casualty Insurance, and the
Village's obligation to rebuild the building. Trustee Wolin stated he spoke with the
Historical Society's attorney who also agreed that they needed the longer lease term to
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secure more financial donors. He also stated he believes that the Village is getting a good
deal because the Historical Society is providing the staff and salaries with no expense to
the Village. Trustee Saiyed is concerned about the costs to rebuild and restructure the
shell of the building because the estimate he has seen were in the $400 -500K range and
that is money the Village does not have. Manager Niemeyer stated the he has an issue
with the 20 year lease with no opt out because the financial future is so uncertain at this
time. Trustee Zannis moved to amend the motion to be a 20 year lease with a 10 year
performance review, and to defer insurance issues pending costs. All involved parties
agreed there is too much information they would like to have before deciding, and would
like the lease agreement revised and reviewed before voting. Board agreed to table the
vote until the next meeting.
Motion by Trustee Carson, seconded by Trustee Moy, that the Village Board allow
review of a lease redrafted by the attorney andnvote at the next meeting. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis.
Nays: 0 - None.
Abstain: 0 - Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Major costs issue is the cost replacement of the building. He will try to get more
information as soon as possible. There has been discussion about canceling the next
meeting.
Motion by Trustee Carson, seconded by Trustee Zannis, that the Village Board cancel the
next meeting.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis.
Nays: 0 - None.
Abstain: 0 - Motion carried.
B. VILLAGE CLERK
Clerk Pruss reminded residents of the Wednesday Buffet at the Bath & Tennis Clubhouse.
She encouraged everyone to attend even if they didn't have reservations. Contact her to
add an e -mail address to the listing.
11. C. TRUSTEES
D. VILLAGE PRESIDENT
Wanted to assure the residents that even though the consultant recommends cuts and
restructuring, the library will not go away. Regarding the Boards and Commissions, the
vetting process has come to an end and would like to take a look at the entire procedure.
We want the best people possible to sit on the boards and we don't want to insult anyone
during the interview process. We are dignified and act accordingly. Wanted to take the
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time to give a sincere thank you to the people serving on the committees.
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 (2c6), 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 Zannis, seconded by Trustee Aktipis, to adjourn to Closed Meeting.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Moy, Carson, Saiyed, Wolin and Zannis.
Nays: 0 - None.
Abstain: 0 - Motion carried.
15. ADJOURNMENT
Motion by Trustee Zannis, seconded by Trustee Aktipis, to adjourn the Regular Meeting
of the Board of Trustees at 10:11 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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