Minutes - 09/14/2010 - Board of TrusteesMINUTES OF THE SEPTEMBER 14, 2010 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
NOVEMBER 9, 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 7:03 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 Mark Moy, Mom Saiyed, Gerald Wolin and
Elaine Zannis.
ABSENT: Trustees Stelios Aktipis and 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
A. DUI RECOGNITION PROGRAM
Police Chief Tom Sheahan introduced Pat Larson from AAIM (Alliance Against Intoxicated
Motorist) to recognize and commend Officers Robert Christopherson, Reid Foltyniewicz and
Donald Krenner for being the top DUI writers in 2009. Certificates of Appreciations were
presented to the Officers.
4. RESIDENTNISITOR COMMENT —None
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 26, 2010
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the
Regular Board of Trustees Meeting of January 26, 2010. VOICE VOTE: Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 13, 2010
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the
Regular Board of Trustees Meeting of April 13, 2010. VOICE VOTE: Motion carried.
C. REGULAR BOARD OF TRUSTEES MEETING OF MAY 11, 2010
Motion by Trustee Wolin, seconded by Trustee Moy to approve the Minutes of the Regular
Board of Trustees Meeting of May 11, 2010. VOICE VOTE: Motion carried.
D. SPECIAL BOARD OF TRUSTEES MEETING OF MAY 22, 2010
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the Special
VILLAGE OF OAK BROOK MINUTES Page I of 9 REGULAR MEETING OF AUGUST 10, 2010
Board of Trustees Meeting of May 22, 2010. VOICE VOTE: Motion carried.
E. REGULAR BOARD OF TRUSTEES MEETING OF MAY 25, 2010
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
Regular Board of Trustees Meeting of May 25, 2010. VOICE VOTE: Motion carried.
F. REGUALR BOARD OF TRUSTEES MEETING OF JUNE 8, 2010
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
Regular Board of Trustees Meeting of June 8, 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.
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Significant Items included in Above:
1) Ratification for Period Ending August 25, 2010 - $584,645.34
2) For Period Ending September 10, 2010 - $474,405.43
Significant Items included in Above:
a) Legal Bills:
Seyfarth Shaw, LLP — Legal Services — June, 2010 - $3,545.31
Seyfarth Shaw, LLP — Legal Services — July, 2010 - $1,241.88
Hervas, Condon & Bersani, P.C. — Legal Services — July, 2010 - $2,827.50
Odelson & Sterk, Ltd. — Legal Services — July, 2010 - $19,679.80
b) DuPage Water Commission — July, 2010 - $298,287.31
B. APPROVAL OF PAYROLL FOR PAY PERIODS ENDING:
1) August 8, 2010 - $688,723.90
2) August 26, 2010 - $685,726.68
3) September 9, 2010 - $688,920.61
C. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) Street Light Repair Project
2) Public Works HVAC Repair
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3) Water Pump Station Improvement Project
D. BUDGET ADJUSTMENTS:
1) Police — Police Investigations/Police Field Services
2) Library — Library General Operations /Youth Services
E. ORDINANCES & RESOLUTIONS:
1) Ordinance 2010- AN -D -S -1292, An Ordinance Disconnecting Certain Property from
the Village of Oak Brook
F. AWARD OF CONTRACT:
1) Fire Station #2 Garage Door Replacement
2) Fire and Police Testing
G. MONTHLY TREASURER'S REPORT —JULY 31, 2010
H. 2010 AUTUMN FESTIVAL BUDGET
Discussion ensued regarding DUI fines collected, attorney's costs and total net revenue for
Years 2008, 2009, and 2010.
Motion by Trustee Wolin, seconded by Trustee Moy, to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA — None
8. BOARD & COMMISSION RECOMMENDATIONS
A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — DEFINITIONS — SETBACK
Presented by Trustee Moy. Trustee Moy stated that the text amendment to the Zoning
Ordinance is to clarify how setbacks are measured from a building.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals and approve the requested text
amendment to the Zoning Ordinance to clarify how setbacks are measured and authorize the
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Village Attorney to prepare the necessary ordinance for final consideration at the September
28'h Board of Trustees meeting.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
9. UNFINISHED BUSINESS —None
10 ACTIVE BUSINESS —None
A. CONFIRMATION OF APPOINTMENTS — None
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 2010 -BU -S -1291, AN ORDINANCE AUTHORIZING A LOAN TO
THE SPORTS CORE FUND
Presented by Trustee Zannis. Trustee Zannis stated that an interfund loan up to $1,895,000
is necessary to fund the operating needs of the Sports Core through January 31, 2012. It is
also necessary in order to help pay for the weather related damages at the golf course, the
lost of golf revenues and unemployment costs that continued from 2009. If funds become
available in 2011, the loan will start to be paid down.
Trey Van Dyke, Sports Core Director, stated that the flood events of 2008 and 2010 had a
huge impact on the golf course and this is the reason why the Golf Surcharge Fund does not
have the money to help fund the Sports Core Fund.
Discussion ensued.
Motion by Trustee Zannis, seconded by Trustee Wolin to approve Ordinance 2010 -BU -S-
1291, an Ordinance Authorizing a Loan to the Sports Core Fund and to give staff direction to
come up with a plan to build the surcharge and to repay the debt of $1,895,000.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
2) ORDINANCE 2010- LC -AL -G -932, AN ORDINANCE ESTABLISHING A
SURCHARGE FOR CERTAIN LICENSEES AND AMENDING SECTION 4 -1 -17133
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
Presented by Manager Niemeyer. Manager Niemeyer stated that currently applicants pay
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$100 to host up to 10 special events during the course of one year ($10 per event). Manager
Niemeyer is proposing a fee of $50 per event with a cap of $500 per company and a $50
surcharge for applicants that are coming in at the last minute or event day to obtain a permit
since the Village Code states applicants must apply no less than 10 days prior to their event.
He also stated that a company who exceeds the 10 events in a year would have to reapply for
another special event liquor license.
Motion by Trustee Zannis, seconded by Trustee Wolin to approve Ordinance 2010 -LC AL-
G -932, An Ordinance Establishing a Surcharge for Certain Licensees and Amending Section
4 -1 -17133 of the Village Code of the Village of Oak Brook.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
C. AWARD OF CONTRACTS:
1) AUDIT SERVICES
Presented by Manager Niemeyer. Manager Niemeyer stated that a request for proposal was
issued in June, 2010. The Village received seven proposals and three firms were
interviewed. He also stated that Sikich, LLP is recommended due to their excellent
proposal, the quality of staff assigned to the engagement as ascertained through our
interview with them and their audit approach compared to the other firms.
Motion by Trustee Zannis, seconded by Trustee Wolin to award a contract to Sikich, LLP
for audit services, based on their submitted proposal, for 2010, 2011, and 2012 fiscal years
for the not -to- exceed total fees of $31,150 for 2010, $32,085 for 2011, and $33,690 for
2012.
ROLL CALL
VOTE:
Ayes: 4
— Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0
—None
Abstain: 0
— None
Absent: 2
— Trustees Aktipis and Carson
Motion carried.
D. COMMUNITY DEVELOPMENT REFERRALS —None
E. INTERGOVERNMENTAL AGREEMENTS FOR TRAFFIC SIGNAL COSTS ON 22 No
STREET:
1) MACY'S
Presented by Trustee Wolin. Trustee Wolin stated that Macy's agreed to contribute
$200,000 for the installation of a Traffic Signal at 22nd Street and Parkview Drive.
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Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Cost Sharing
Agreement with Macy's for the Traffic Signal at 22 "d Street and Parkview Drive.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
2) SHOPS OF OAK BROOK
Presented by Trustee Wolin. Trustee Wolin stated that the Shops of Oak Brook has agreed
to contribute $170,000 to be paid over 2 years for the Traffic Light at their location on 22 "d
Street.
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Cost Sharing
Agreement with the Shops of Oak Brook for the Traffic Signal at 22 "d Street.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
F. POSSIBLE 2011 REVENUE OPTIONS:
1) EXPANSION OF ADJUDICATION HEARING PROGRAM
Presented by Trustee Saiyed. Trustee Saiyed stated that the Village would like to expand the
Adjudication Hearing Program by including offenses relating to the issuance of the tow
bond, any arrests relating to a form of theft, any form of sex offenses, indecent exposure, any
form of violent crimes and any form of weapon offenses. He also stated that the Village has
received $48,000 through August and that the approximate additional revenue generated by
expanding the program, based on historical data, minus expenses, is $41,535.
Discussion ensued.
Motion by Trustee Saiyed, seconded by Trustee Zannis to approve the expansion of the
Adjudication Hearing Program.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
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2) WATER TOWER ADVERTISING /CELL PHONE LEASES
Presented by Trustee Saiyed. Trustee Saiyed stated that staff is seeking direction from the
Village Board on Water Tower Advertising and Cellular Phone Lease Agreements. He also
stated that the Village currently holds lease agreements with Sprint and T- Mobile. The extra
revenue will be $21,000 - $30,000 per year per provider. He also stated that the extra
revenue for Water Tower Advertising is estimated to be $200,000 annually. He further
stated that the Village has three options, 1) Do nothing different and interested parties would
contact the Village, 2) Staff actively seek potential interest from vendors for advertising to
maximize our potential revenue, or 3) Village issue a Request for Proposal to see if third
party vendors would be interested in the Village's assets for advertising and lease space
and/or both.
Discussion ensued.
Motion by Trustee Zannis, seconded by Trustee Wolin to have consultants give the Village a
presentation on what services they offer, how much they charge and what the playing field
looks like and then decide if we want to hire someone or do an RFP
ROLL CALL VOTE:
Ayes: 4 — President Craig and Trustees Moy, Wolin, and Zannis
Nays: 1 — Trustee Saiyed
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
G. VILLAGE OF OAK BROOK — DIRECTIONAL SIGNAGE
Presented by Trustee Moy. Trustee Moy stated that as part of the construction on 22nd Street
motorists who are attempting to locate an Oak Brook business are having difficulty and
temporary signs will be a big help in locating the businesses.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation
from staff to permit the placement of one directional sign per existing curb cut on properties
located on the south -side of 22nd Street, between Roust 83 and Butterfield Road to assist
motorists in entering and exiting during the duration of the 22nd Street widening project. All
signs must be removed within 15 days of project completion.
VOICE VOTE: Motion carried.
H. TREE HOUSE FOODS WALL SIGNAGE — COMMERCE PLAZA — 2021 SPRING
ROAD
David Lind, Executive Vice President of CBDE, stated that Tree House Foods is moving
their headquarters to Oak Brook. A representative from Tree House Foods gave a brief
overview of the company.
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Robert Kallien, Community Development Director, stated that it is staff's recommendation
to allow Tree House Foods to place their name on the roof -top mechanical /penthouse that is
finished with the same material as the rest of the building. He also stated that the proposed
sign meets requirements of the Village's sign code.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the staff
recommendation for Tree House Foods to proceed with an application for a variation to
accommodate wall signage on the building located at 2021 Spring Road.
VOICE VOTE: Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer stated that on Saturday, September 250, a ribbon cutting ceremony will
take place at the York Woods Forest Preserve for the opening of the North Branch Salt
Creek Trail.
B. VILLAGE CLERK
Clerk Pruss made the following announcements:
1) Autumn Fest will be on September 26th from 12pm -5pm.
2) General Election is November 2nd and absentee ballot requests are available at Village
Hall, by calling the DuPage County Election Commission, or by filling out the ballot
request on line.
3) The Consolidated Election is April 5, 2011. Packets for the Consolidated Election are
available starting September 215`.
4) Garbage Stickers are available for purchase at the Library seven days a week.
5) Audio of the Citizens Finance Committee Meetings is available on the Village website.
C. TRUSTEES
Trustee Moy stated that he attended the Oak Brook Marathon and that 1,700 runners
participated and that the Village needs to do more to promote the event and showcase Oak
Brook in the future.
Trustee Zannis stated that the Wednesday Lunch Buffet's at the Golf Clubhouse are starting
to wrap up and that she is looking forward to having Chef Richard bring the Buffet to the
Bath & Tennis Club next year.
Trustee Saiyed stated that the Village should offer employees and their families a round of
golf for all their hard work during the storm.
D. VILLAGE PRESIDENT —None
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
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determine its validity (2c1), 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 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)
Motion by Trustee Moy, seconded by Trustee Zannis 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), 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 consider litigation, when an
action against, affecting or on behalf of the Village has been filed and is pending before a
court or administrative tribunal, or when the public body finds that an action is probable or
imminent (2c 11).
ROLL CALL VOTE:
Ayes: 4— Trustees Moy, Saiyed, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 2 — Trustees Aktipis and Carson
Motion carried.
This meeting was adjourned to Closed Meeting at 8:44 pm.
13. ADJOURNMENT
Motion by Trustee Zannis, seconded by Trustee Moy to adjourn the Regular Meeting of the
Board of Trustees at 9:47 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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