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Minutes - 09/09/2008 - Board of TrusteesMINUTES OF THE SEPTEMBER 9, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON MARCH 24,'2009. 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 7:37 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; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director; Nelson Patras, Bath & Tennis Club Manager; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager. 3. PRESIDENT'S OPENING COMMENTS A. MORTON ARBORETUM — EMERALD ASH BORER/GYPSY MOTH PRESENTATION — EDITH MAKRA President Craig asked Village Manager David Niemeyer to introduce the topic regarding tree pests. Manager Niemeyer indicated that the Village had received concerns from residents and Homeowners Associations regarding the Gypsy Moth and also the Emerald Ash Borer which has not yet been sighted in Oak Brook. The questions asked were regarding what options the Village had to fight these pests. The Village has responded by inviting representatives from the Morton Arboretum to talk about options the Village might consider. He added that Homeowners Association Presidents were invited and were in the audience. He indicated that discussions regarding mitigation would be part of the 2009 budget process and Homeowner Association Presidents would be included in discussions. VILLAGE OF OAK BROOK Minutes Page 1 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 3. A. He introduced Edith Makra from the Morton Arboretum and Mr. Joseph Cantore and Mr. Thomas Valenti from the DuPage County Forest Preserve District who have been helpful in answering questions about this issue. Ms. Makra provided an overview of the issue. She indicated that natural balanced eco- systems kept native pests under control, however, the Emerald Ash Borer and the Gypsy Moth been introduced into our natural eco- system from far away, thus there was no natural resistance in plants nor natural predators. She provided information on the pests, the structure of trees and alternative options to mitigate the problems. Mr. Valenti also reported on the mitigation efforts the Forest Preserve District was using for management of pests. 4. RESIDENT /VISITOR COMMENT Resident Lois Miller addressed the Board regarding leaf and brush burning which is allowed in the Village. She would like to see the practice discontinued for health and safety reasons. Manager Niemeyer responded that there had been research and discussions regarding the issue. He reported that there had been discussions with Homeowners Association Presidents asking for feedback. He added that it had been scheduled to bring to the Board for discussion. Fire Chief Bodony added that the Village had a very structured process that dealt with the environmental impacts. He also indicated that the only unrestricted burning was for cooking and leaf burning. He reported that leaf burning had been at a minimum due to the leaf pick -up program instituted by the Village. 5. APPROVAL OF MINUTES — None presented. 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. Agenda items 6.J. and 6.L. were removed for further documentation A. ACCOUNTS PAYABLE FOR PERIOD ENDING SEPTEMBER 5, 2008 - $465,072.55 SIGNIFICANT ITEMS INCLUDED IN ABOVE: 1) Seyfarth Shaw, LLP — Legal Services — July 2008 - $14,460.01 3 VILLAGE OF OAK BROOK Minutes Page 2 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 6. B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 23, 2008 - $788,618.32 C. COMMUNITY DEVELOPMENT REFERRALS - None presented. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented. E. BUDGET ADJUSTMENTS 1) OAK BROOK LIBRARY — COMPUTER HARDWARE AND SOFTWARE 2) OAK BROOK LIBRARY — LANDSCAPE DESIGN SERVICES F. ORDINANCE G -868, AN ORDINANCE AMENDING THE PERMITTED USES FOR A CLASS A -1 LIQUOR LICENSE AND AMENDING CHAPTER 1 (LIQUOR CONTROL) OF TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK In 2007 and 2008 the Village passed separate ordinances amending the A -1 Liquor classification. Sterling Codifiers, the company that manages the Village Code, believes because the second ordinance did not include the additional mandatory language from the first ordinance that the current code that applies to the class A -1 license does not include those stipulations from the previous ordinance. By passage of Ordinance G -868 all mandatory language from each of the 2007 and 2008 ordinances will be included in the Village Code. The requested action is for passage of Ordinance G -868, An Ordinance Amending the Permitted Uses for a Class A -1 Liquor License and Amending Chapter 1 (Liquor Control) of Title 4 (Business and License Regulations) of the Village Code of the Village of Oak Brook. G. ORDINANCE G -869, AN ORDINANCE AMENDING SECTION 13 -11 -8A OF THE ZONING ORDINANCE — TEXT AMENDMENT AND VARIATION At the August 26, 2008, meeting, the Village Attorney was directed to prepare an ordinance granting approval of a text amendment to the Zoning Ordinance to permit a ground sign with tenant names on a parcel with less than five (5) acres in the B -2 District. The requested action was passage of Ordinance G -869, An Ordinance Amending Section 13- 11 -8A.1 of the Zoning Ordinance. VILLAGE OF OAK BROOK Minutes Page 3 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 6. H. ORDINANCE S -1241, AN ORDINANCE GRANTING A VARIATION FOR THE CONSTRUCTION OF A GROUND SIGN AT 1400 16 T11 STREET IN THE VILLAGE OF OAK BROOK At the August 26, 2008 meeting, the Village Attorney was also directed to prepare an ordinance to locate a ground sign thirty -one feet (31') from the street line of 16th Street for the property located at 1400 16tH The requested action was for passage of Ordinance S -1241, granting a Variation for the Construction of a Ground Sign at 1400 16th Street in the Village of Oak Brook. I. ORDINANCE G -870, AN ORDINANCE AMENDING SECTION 13 -7 -313 OF THE ZONING ORDINANCE At the August 26, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a text amendment to the Zoning Ordinance relative to permitting limited outdoor sales events in the B District. The requested action was for passage of Ordinance G -870, An Ordinance Amending Section 13 -7 -313 of the Zoning Ordinance. K. TREASURER'S REPORT JULY, 2008 M. WAIVER OF FEES — THE MIDWEST CLUB HOMEOWNERS ASSOCIATION The Village received a request from Ms. Beverly Taylor, President of The Midwest Club Home Owners Association to consider waiver of permit fees associated with proposed work within their subdivision. In the past, the Village had received and approved requests for waiver of fees from entities such as the Christ Church of Oak Brook, Oak Brook Park District, DuPage County Forest Preserve District, and most recently the Fullersburg Historic Foundation. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities and charitable organizations. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. The requested action was to approve the waiver of fees for the required permit fees as requested by the Midwest Club Homeowners Association. VILLAGE OF OAK BROOK Minutes Page 4 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 6. N. WAIVER OF FEES — OAK BROOK CLUB Trustees. Kennedy and Wolin asked to have this item removed from the Consent Agenda. O. RENEWAL OF AGREEMENT FOR CONSULTING SERVICES WITH MESIROW INSURANCE SERVICES, INC. FOR THE 2008/2009 HEALTH PLAN YEAR (JULY 2008 — JUNE 2009) In the plan years 2002 through 2005, the Village experienced very high Stop -Loss renewals with our self - funded insurance plan due to a few very large claims in each of the plan years as well as a higher volume of overall claims. In addition, the change in the insurance market with a swing toward the institution of lasers on high risk individuals left the Village extremely vulnerable to massive increases on a year to year basis. Specifically, in 2006, the Village renewal under our old plan of Group Administrators as the Third Party Administrator (TPA) and Cairnstone as the Stop Loss provider, would have been between a 26% to 33% increase in premiums (the range is based on the level at which the Village would fund the large claim lasers). Therefore, in 2006, the Village directed our Health Benefits Consultants, Mesirow Financial to expand the overall marketing of the plan including TPA Services with Stop Loss in order to receive proposal from the larger carrier networks. The result was a recommendation from staff and approval by the Village Board to move to Blue Cross Blue Shield (BOBS) of Illinois as TPA and Stop Loss providers that resulted in a 6% premium increase (in 2005 the Village experienced a 23% increase on the Health Premiums). The major difference in renewal cost was attributed to the discounts with the BCBS plan along with the expansion of, and the push to use, in- network providers. Additionally, the risk of funding significantly higher deductibles on high risk individuals was removed as Blue Cross Blue Shield does not impose "lasers." Past Renewal Highlights • In 2005, even with claims lower than in the past two years, the renewal included 5 lasered individuals resulting in a renewal of 23% increase in premium costs, which is 8% over the market trend of an average 15% increase to health insurance providers. • In 2006, the review for the renewal included the review of moving to a health pool and various options of fully insured and self insured programs. The precluding factors continued to be the claims experience the Village has had and the inability to decrease benefits due to the collective bargaining agreements. • The 2006 recommendation included a switch to a combined TPA and Stop Loss arrangement with' Blue Cross Blue Shield of Illinois as the Third Party Administrator and as the Stop Loss Provider for the Plan that resulted in a 6% increase in premiums, and a move away from budgeting for lasers. • In 2007, Mesirow was very helpful in seeking, reviewing and recommending a fully- insured HMO option, in addition to our currently self - funded plan, for consideration. VILLAGE OF OAK BROOK Minutes Page 5 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 on O. Current 2008/2009 Health Plan Year: Health Benefit Consultant, Mesirow Financial, was again instrumental in monitoring the 2007/2008 plan year claims and discounts, and in securing new proposals from various carriers for the 2008/2009 plan year.. With their assistance, staff recommended several changes including the implementation of an HMO plan, as well proposed 'additional changes for the 2009/2010 health plan year. It was recommended that the Village, Board approve a one -year renewal with Mesirow Financial for the 2008/2009 health plan year. The one -year renewal is at the same rate ($26,000) as last year and 'staff has already been working with Mesirow's staff on the Village's 2009 Flex Plan program as well as the possible changes for the 2009/2010 health plan year to better prepare for the 2009 budget. The requested action was that the Village Board approve and direct staff to execute a renewal agreement for the Plan Year starting July 1, 2008 through June 30, 2009 with Mesirow Financial for consulting services. - P. BRITTWOOD . CREEK SUBDIVISION — REDUCTION IN SUBDIVISION SECURITY Laura Aniballi of the Bridgeview Bank Group requested a reduction in subdivision security for the Brittwood Creek Subdivision of $976,261.24. Upon reviewing the file and the work accomplished to date, it was confirmed that the Brittwood Creek Subdivision Letter of Credit Reductions which states a corrected reduction amount of $965,261.36 is appropriate. This recommendation is based upon the amount of work completed to date and the amount of work yet to be done. Per our usual procedures, the Engineering Department has spot- inspected the improvements as they have been constructed and have found them to comply with Village regulations. The recommended summary is as follows: Original amount of subdivision security $ 45026,069.41 Previous reductions $ 1,076,663.50 This reduction $ 965,261.36 Balance in subdivision security $ 1,984,144.55 With this request, the remaining portion of the subdivision security will have 49% of the original amount. The requested action was that the Village Board reduce the Irrevocable Letter of Credit No. 616078200 -500 from the Bridgeview Bank Group by the amount of $965,261.36. VILLAGE OF OAK BROOK Minutes Page 6 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 6. Q. AWARD OF CONTRACT — PITNEY BOWES POSTAGE MACHINE Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The postage machine currently used by the Village is outdated and will be decertified on December 31, 2008. The US Postal Service will not accept mail with postage from a decertified machine after this date. Staff requested quotes from Neopost (the current vendor) and Pitney Bowes for Postage Meter Machines. The Village received pricing for purchasing the machine and leasing for 39 and 63 months. Monthly meter rental and maintenance costs were included in the lease prices indicated by both Pitney Bowes and Neopost. These monthly costs would be an additional monthly cost to the Village if we decided to purchase either of the machines. Staff is recommending entering into a 63 month lease agreement with Pitney Bowes. The lease is a dollar buy -out lease so we will own the machine at the end of the term. Assuming that the life expectancy of the postage machine is 8 years and the increase in meter rental, maintenance and mass mailing is 3% annually, entering into a 63 month lease agreement with Pitney Bowes is the best value option. A tabulation shows a comparison of the 8 year cost for the four options offered by each company. The best value option is a 63 month lease with Pitney Bowes. The lease agreement includes installation, training, maintenance, rate change protection, meter reset rate fee, meter rental fee, easy permit postage and confirmation services. Easy Permit Postage is a service that eliminates staff going to the Post Office with a check for mass mailings such as newsletters, brochures and water bills. Pitney Bowes will automatically bill us for the amount of postage used. The additional cost for this service is $15 - $60 per mass mailing if we were to purchase the machine. Neopost does not offer this type of service. Confirmation Services is the ability to run the 11 digit tracking number that comes from the Post Office for extra services such as priority mail, express mail and delivery confirmation through the postage meter and it will send the information to the Post Office. All services offered can be tracked online. The requested action was that the Village Board waive further bidding since the State of Illinois already conducted the bid process and enter into a 63 month lease agreement for $295 per month (total cost of $18,585) with Pitney Bowes, Lombard, Illinois, for a DM525 WOW Postage Machine with 5 pound scale. VILLAGE OF OAK BROOK Minutes Page 7 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 .y 6. Motion by Trustee Saiyed, seconded by Trustee Carson, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofslcy, Saiyed, Sanford and Wolin. Nays: 0 - None. U Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA N. WAIVER OF FEES — OAK BROOK CLUB Trustees Kennedy and Wolin asked to have this item removed from the Consent Agenda. Trustee Kennedy asked for a separate motion in order to recuse himself from voting because of his position on the Board of the Homeowners Association. Trustee Wolin also recused himself from the vote since he lived in Oak Brook Club. The Village had received a request from Mr. Mark Burke, Oak Brook Club Property Supervisor to consider waiver of permit fees associated with proposed work to renovate their clubhouse. In the past, the Village has received and approved requests for waiver of fees from entities such as the Christ Church of Oak Brook, Oak Brook Park District, DuPage County Forest Preserve District, and most recently the Fullersburg Historic Foundation. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities and charitable organizations. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. Motion by Trustee Manofsky, seconded by Trustee Carson, to approve the waiver of required permit fees as requested by The Oak Brook Club. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Manofslcy, Saiyed and Sanford. Nays: 0 - None. Recused: 2 - Trustees Kennedy and Wolin. Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS — None presented. VILLAGE OF OAK BROOK Minutes Page 8 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2 IN THE VILLAGE OF OAK BROOK, ILLINOIS On January 8, 2008, the Village Board conducted a Public Hearing on the proposed creation of Special Service Area Number 2 -and levy of special taxes therefore for Tuscan Woods and Yorkshire Woods in the Village of Oak Brook. The Intergovernmental Agreement between the Village and the Tollway should be approved by the Tollway Board on Monday, September 8, 2008. The Agreement between the Village and the developer of the Tuscan Woods Subdivision has been finalized. Both agreements are on this September 91" Village Board agenda for action. The noise wall length has been shortened due to one parcel (lot 7) not granting the necessary easement. The noise wall now just includes lots 1 -6 in the Tuscan Woods Subdivision and the Special Service Area has decreased accordingly. Village Attorney Sterk has drafted the appropriate Ordinance. Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of Ordinance S -1242, An Ordinance Establishing Special Service Area Number 2 in the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) 2009 PAVING PROJECT At the Board meeting of August 26, 2008, the Village Board authorized staff to negotiate a contract with James J. Benes and Associates, Inc. for Professional Engineering Services for the 2009 Paving Project. Staff had been working with the consultant and the contract was the culmination 'of those efforts. The agreement utilized the format previously approved by Village Attorney Sterk and Purchasing Director Kapff. VILLAGE OF OAK BROOK Minutes Page 9 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 9. C. 1) The 2008 Budget contains funds for the design of the 2009 Paving Project. The budget had been structured such that the design work would be accomplished in 2008, the project bid in January of 2009, and then constructed within 2009. Funds for this construction project would be included in the 2009 Budget. Motion by Trustee Wolin, seconded by Trustee Kennedy, that the Village Board approve the agreement with James J. Benes and Associates, Inc. for Professional Engineering Services regarding the 2009 Paving Project in the not -to- exceed amount of $69,272.00. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) STRATEGIC PLAN CONTRACT The Village Board authorized staff to send out a request for proposals for facilitator services to develop a village -wide strategic plan. 12 proposals were received. An ad -hoc committee consisting of Trustee Wolin, Trustee Kennedy, Blaine Wing and Village Manager Niemeyer chose three firms to interview. The committee interviewed Houseal Lavinge /The PAR Group, the Mercer Group, and Lynn Montei Associates. The committee recommended accepting the proposal from Houseal Lavinge and the PAR Group. Both organizations had previously worked for the village and were familiar with the community and the organization. The committee was also impressed with some of the strategic plans prepared for other communities, including Warrenville. Finally, a significant factor in determining the success of a facilitator is the ability to work well with the various stakeholder groups. John Houseal had excellent facilitation skills which were shown in work with the various Oak Brook groups that were included in the commercial revitalization plan process. The PAR Group's role was to use their expertise in local government organization issues and work with the elected officials and staff on various issues that were expected to be raised during the process. The contract will only be between the village and Houseal Lavinge. PAR Group will act as a subcontractor to Houseal Lavinge. It is expected that the project will begin this month and the final report will be delivered in March 2009. The $28,790 cost will be spread out over 2 budget years. Trustee Kennedy shared some concerns regarding the contract and had provided those changes to the Village Attorney. VILLAGE OF OAK BROOK Minutes Page 10 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 Motion by Trustee � Kennedy, seconded by Trustee Sanford, to approve the .proposed contract with Houseal Lavings for strategic plan facilitator services subject to final review and approval by the Village Attorney. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. D/E At the Village Board meeting of June 12, 2007, the Village Board continued the following subject to seek further Attorney review. Additionally, staff was directed to not bring this matter back to the Village Board until both the Village /Tollway and Village /Developer Agreements were finalized as to form and could be reviewed by the Board as one item. The Tollway is scheduled to approve their agreement on September 8, 2008. Both Agreements have been approved as to form by Village Attorney Sterk. D. TUSCAN WOODS SOUND WALL INTERGOVERNMENTAL AGREEMENT — ILLINOIS STATE TOLL HIGHWAY AUTHORITY LAND EXCHANGE Intergovernmental Agreement between the Village of Oak Brook and the Illinois State Toll Highway Authority, Land Exchange. The agreement has gone from Noise Abatement document dealing with conditions of constructing the wall and its financing to just- a document exchanging land. This is due to the fact that one parcel (lot 7) would not grant the required easement for the wall and the wall has been shortened to just include lots 1 -6 of the Tuscan Woods Subdivision. With a shortened wall, the Tollway would not participate in its financing. The Tollway is giving 3 parcels to the Village (calculated for the original long proposed noise wall) and the Village is giving 1 parcel to the Tollway (this was previously discussed with the Board as area needed by the Tollway to build their retaining wall). Motion by Trustee Wolin, seconded by Trustee Manofsky, that the Village Board approve an Intergovernmental Agreement between the Village of Oak Brook and the Illinois State Toll Highway Authority, Land Exchange. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 11 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 E. TUSCAN WOODS SOUND WALL INTERGOVERNMENTAL AGREEMENT - TUSCAN WOODS, LLC An Agreement between the Village of Oak Brook and Tuscan Woods, LLC, an Illinois Limited Liability Company Providing for the Construction of an Improvement to Provide Noise Abatement along the Ronald Reagan Tollway (I -88) at Tuscan Woods in the Village of Oak Brook, Illinois. This agreement documents that the developer will undertake all of the obligations with respect to the design and construction of the noise wall. Motion by Trustee Wolin, seconded by Trustee Manofsky, that the Village Board approve An Agreement between the Village of Oak Brook and Tuscan Woods, LLC, an Illinois Limited Liability Company Providing for the Construction of an Improvement to Provide Noise Abatement along the Ronald Reagan Tollway (I -88) at Tuscan Woods in the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -867, 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 Village Code requires that liquor licenses that increase the number of licenses in the Village of Oak Brook must be passed by ordinance. Labriola Baking Company has made application to the Village of Oak Brook for a Class A -1 Liquor License for their new restaurant, Labriola Bakery Cafe located at 3021 Butterfield Road, Suite 106 in the Promenade. The approval of this liquor license will increase the number of A 71 liquor licenses in the Village of Oak Brook from 24 to 25. Background checks are being processed at this time for the owner and the managers. All ordinance submittal requirements have been met. The expected opening will be early October. VILLAGE OF OAK BROOK Minutes Page 12 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 10. B. 1) The recommendation was for Passage of Ordinance G- 867, which increases the number of A -1 liquor licenses by one. Provided that all ordinance requirements are met, the Local Liquor Commissioner John Craig, will issue a Class A -1 Liquor License to Labriola Baking Company d /b /a Labriola Bakery Cafe when a stocking and training permit is issued. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -867, "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." ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) ENGINEERING SERVICES — OLD BUTLER SCHOOL MASONRY REPAIRS This item was removed from the Agenda D. EARLY RETIREMENT INCENTIVE PROGRAM For the last several years, the Village has been faced with significantly increasing operating costs during a period of time in which overall revenues have been flat to somewhat declining. The current economic recession, as well as declines in' the investment markets, was having a negative effect on operating revenues for 2008, with sales tax revenue and interest income alone being projected to be $1.1 million below budget. For 2009, with minimal increases in the day -to -day operating expenses of the Village, expenses would once again be projected to exceed operating revenues, possibly by as much as $1 million. Much of the cost escalation encountered over the last several years has been in expenditures related to personnel (salaries, pensions, insurance, etc.), which has greatly exceeded the growth in revenue. For 2008', personnel costs account for nearly 74% of the General Fund budget of the Village. For the last several months, management staff and the Village Board have been meeting to discuss various strategies for balancing the long -term budget of the General Fund. Due to personnel costs consuming such a large part of the budget, part of the strategy must result in lowering the overall personnel costs of the Village. The proposed Early Retirement Incentive Program, while having a cost to the Village in the short term, will enable the Village to permanently eliminate some positions and will allow for the restructuring and consolidation some Village departments and activities. In addition, this Program would result in cost saving by deferring replacement of several positions until revenues improve or further expense reductions are achieved, and in many cases replacement employees will be hired at lower rates of pay. VILLAGE OF OAK BROOK Minutes Page 13 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 10. D. The details of the proposed ERI Program are as follows: • Participation in the ERI program would be strictly voluntary. • An employee must have a minimum of 20 years of continuous full -time service with the Village., • The amount of the ERI payment would be 25% of the employee's regular salary. • An employee would have until October 15, 2008 to apply for the program. • An employee can request a separation date up to May 1, 2009. Although the Village will consider the date requested by the employee, the final retirement /separation date will be determined in the sole discretion of the Village Manager in order to minimize the disruption on Village operations and to maximize the amount of savings that are generated by this program. • As it is impossible to gauge the level of response to this program before formally accepting applications, the Village reserves the right to limit the number of early retirement incentives given. • The proposed program has been reviewed by Village Attorney Mark Sterk. As of the application deadline of October 15, 2008, approximately 30 employees would meet the eligibility requirements. Although not required to participate in the program, the ability to immediately receive a retirement pension will likely be a determining factor in employee enrollment. Many of the employees eligible for the Program, while having enough service credit to qualify for a pension, do not have the requisite age in order to begin receiving a pension. Of the 30 employees eligible for the Program, approximately 15 meet both the age (age 50 for Police and Fire and age 55 for IMRF) and service credit requirement to begin immediately receiving a retirement. The goal of the program would be for 8 to 10 employees to accept this early retirement option, which would equate to approximately $150,000 to $200,000 in early retirement costs. At a minimum two positions in the Police Department will be left vacant for at least a year, resulting in savings of $250,000 at a minimum. More importantly, the 2009 budget will be prepared with the goal of reducing at least 3 FTEs in the General Fund, which will results in annual savings of at least $300,000 for 2009 and thereafter. Further savings will likely be realized by leaving positions vacant for a period of time as well as hiring replacement employees below top of the salary range. Motion by Trustee Manofsky, seconded by Trustee Kennedy, that the Village Board authorize the Village Manager to offer an Early Retirement Incentive Program to certain full -time employees of the Village equal to 25% of their regular salary as of October 15, 2008. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. VILLAGE OF OAK BROOK Minutes Page 14 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 i 10. E. ADJUSTMENT OF COMPENSATION RATE AND CONTRACT RENEWAL FOR CONTRACT PARAMEDIC SERVICE WITH PARAMEDIC SERVICES OF ILLINOIS (PSI) On September 1, 2005 the Village of Oak Brook entered into a successor agreement with Paramedic Services of Illinois (PSI) to provide the Village with contract paramedic services through August 31, 2008. The agreement called for PSI to provide six contract paramedics (two per 24 hour shift), supplementing the sworn fire department staff. Section 18A of this agreement set the original yearly compensation rate and Section 18B calls for the yearly evaluation and adjustment of this fee to a mutually agreed upon rate based on PSI's operational costs. Staff had met with PSI, discussed the increases in operational costs and had,agreed upon a new compensation rate. The current contract was amended in September of 2007 with wording changes recommended by the Village Attorney and both parties agreed to and signed the amended contract. Staff recommended an increase from $442,784 to $450,733.26 the yearly compensation paid to PSI for paramedic services to the Village of Oak Brook and for the renewal of the contract for another three (3) year period. This represented an overall increase of 1.8 % over the 2007 -2008 rate. This rate included only a salary adjustment and all of the increases in operating expenses such as FICA, insurance and other benefits-have been absorbed by the provider, PSI, as a result of discussions initiated by the Fire Chief and approved by the Village Manager. Monthly installments of $37,561.11 would be paid per the agreement. Trustee Kennedy concurred with the salary adjustments, but due to the fact that these contractors wear an Oak Brook uniform he felt that they should also adhere to the Ethics Ordinance that the Village has in effect. He asked that the contract be revised to include that language. Motion by Trustee Carson, seconded by Trustee Kennedy, to adjust the compensation rate paid to Paramedic Services of Illinois, for contract paramedic services to a yearly rate of $450,733.26 and to approve the renewal agreement including language regarding the compliance with the current Ethics Ordinance. 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 — President Craig addressed a rumor concerning himself. B. VILLAGE MANAGER — None presented. VILLAGE OF OAK BROOK Minutes Page 15 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008 11. C. VILLAGE CLERK - Clerk Pruss announced the Take Care of Business Day provided by the Village at the Bath & Tennis Clubhouse. She also reported on voter registration deadlines and the fact that the Village was an Early Voting site for the upcoming election. 12. ADJOURNMENT Motion by Trustee Manofsky, seconded by Trustee Carson, to adjourn the Regular Meeting of the Board of Trustees at 9:32 p.m. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 16 of 16 REGULAR MEETING OF SEPTEMBER 9, 2008