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Minutes - 09/22/2009 - Board of Trustees1. 2. 3. CALL TO ORDER MINUTES OF THE SEPTEMBER 22, 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 7:32 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, 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; Dale L. Durfey, Jr., Village Engineer; Sharon Dangles, Acting Finance Director; Thomas McEllin, Fire Chief; Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. PRESIDENT'S OPENING COMMENTS President Craig announced that McDonald's Corporation has generously offered a $100,000.00 donation for the 2010 Taste of Oak Brook. It is, to date, the largest donation ever received for the fireworks display. The additional amount will help make the Taste of Oak Brook self sufficient. President Craig also wanted to thank Mr. Skinner, CEO of McDonald's for being very kind and supportive of the Village. President Craig then announced Village Manager David Niemeyer was going to give a power -point presentation update on the Oak Brook Public Library. Manager Niemeyer gave a summary of the report from the LAC (Library Association Consulting) in reference to budget cuts and cost reducing strategies. By restructuring personnel, the library will save $235K in the short term, and $340K per year after. Because sales tax revenue is in decline, the budget required cuts of 28.5 employees. Manager Niemeyer explained the staff reduction by department which will save the Village $2 million per year. He also highlighted the fact that the report found the Oak Brook Library was spending $173.84 per capita, while the next highest per capita cost for a library with similar budget was $153.85. Manager Niemeyer went on to show a side by side comparison of library salaries for Oak Brook versus communities with similar VILLAGE OF OAK BROOK Minutes Page 1 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 budgets. The library represents 14% of total long term personnel cuts. A. RESOLUTION OF APPRECIATION — Ralph Maxson Clerk Pruss read the Resolution of Appreciation R -1054. Motion For Passage of Resolution R -1054, A Resolution of Appreciation. VOICE VOTE: Motion carried. B. RESOLUTION OF APPRECIATION -Glenn Krietsch Clerk Pruss read the Resolution of Appreciation R -1055. Motion For Passage of Resolution R -1055, A Resolution of Appreciation. VOICE VOTE: Motion carried. C. RESOLUTION OF APPRECIATION - Joanne Bell Cascio Clerk Pruss read the Resolution of Appreciation R -1056. Motion For Passage of Resolution R -1056, A Resolution of Appreciation. VOICE VOTE: Motion carried. D. RESOLUTION OF APPRECIATION -Harry Peters Clerk Pruss read the Resolution of Appreciation R -1058. Motion For Passage of Resolution R -1058, A Resolution of Appreciation. VOICE VOTE: Motion carried. E. RESOLUTION OF APPRECIATION -John G Barr Clerk Pruss read the Resolution of Appreciation R -1057. Motion For Passage of Resolution R -1057, A Resolution of Appreciation. VOICE VOTE: Motion carried F. RESOLUTION OF APPRECIATION -Dale Durfey Clerk Pruss read the Resolution of Appreciation R -1059. Motion For Passage of Resolution R -1059, A Resolution of Appreciation. VOICE VOTE: Motion carried 4. RESIDENTNISITOR COMMENT Resident Hope Sabbagha addressed the Board regarding the staffing reduction of the library. Ms. Sabbagha believes the library contributes to the academic success of her children and the children of the community. The staff cuts directly affect the services she and her family receive, and is disappointed in the Board's priorities in regards to the library. She believes other options the LAC report recommended should have been explored and creative ways to increase revenues should have been looked at. She also believes the board has a responsibility and obligation to the residents and that they are not acting in the best interest of the community. Ms Sabbagha stated that despite President Craig's message on the Oak Brook website, Oak Brook is not living up to the statements that Oak brook is a "unique city with superior services" and believes there should not only be state -of -the -art medical services but state -of -the -art library as well. She states this is not a "premiere community" when you are taking away services from the community. VILLAGE OF OAK BROOK Minutes Page 2 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 Resident Sydney Sabbagha addressed the Board regarding budget cuts and the concern for the staff of the Oak Brook Library. She described positive experiences and wished to see a return of her favorite library staffers whom she considers like a family. Resident Mario Vescovi addressed the Board regarding cuts to the library budget. Mr. Vescovi commended the Board for making difficult changes and expressed his concerns regarding the budget for employee salaries, benefits and overtime. Resident Mariana Giebel addressed the Board regarding the library cuts. She expressed disappointment and concern for the library and believes the Board should have considered the other recommendations of the LAC report. Resident Ed Giebel addressed the Board regarding the library cuts. Mr. Gabriel explained that he is a business man that has been faced with tough decisions such as letting people go, but he first made salary cuts across the board, including his own. He also stated the Board should not have hired an outside source to let residents know there is a hole in the budget. He understands the Board has a difficult job, but should be considerate of other people. Resident Marissa Woehlert addressed the Board regarding the use of solar powered lights on 22nd street. Ms Willert states they are beautiful, would provide cost savings, and increase the "greening" of Oak Brook. 4. Resident Connie Xinos addressed the Board regarding the budget cuts and supported Mr. Vescovi's concerns. Mr. Xinos states there is a priority for police, fire, streets and buildings and in his opinion the library is not high on the priority list. He states his support for the board and thinks they are on the right track. 5. APPROVAL OF MINUTES — None at this time. 11 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 SEPTEMBER 18, 2009 - $882,616.26 Significant items included in above: 6. A. 1) Legal Bills A. Seyfarth, Shaw— Legal Services —July 2009 - $35.10 B. Seyfarth, Shaw — Legal Services — July 2009 - $83,468.30 C. Hervas, Condon & Bersani, P.C. — Legal Services — August, 2009 - $1,784.00 D. Odelson & Sterk, Ltd. — Legal Services -July 2009 - $37,010.16 VILLAGE OF OAK BROOK Minutes Page 3 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 E. Odelson & Sterk, Ltd. — Legal Services - $27,806.74 2) DuPage Water Commission — August 31, 2009 - $227,813.14 3) James J Benes Associates — Payout #3 — Timber Trails Water Main Design - $235491.58 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING AUGUST 30, 2009- $716,819.78 C. COMMUNITY DEVELOPMENT REFERRALS 1) REFERRAL — SIGN REGULATION — VILLAGE OF OAK BROOK — TEXT AMENDMENT 2) REFERRAL — VELUCHAMY- MAP AMENDMENT — 2700 OAK BROOK ROAD, 3001 AND 3005 OAK BROOK HILLS ROAD. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS 1) Slurry Seal Safety Path E. BUDGET ADJUSTMENTS F. ORDINANCES & RESOLUTIONS 1) ORDINANCE S -1271, AN ORDINANCE WHICH APPROVES A VARIATION TO ALLOW DRIVEWAY GATES FOR THE PROPERTY AT 44 WINDSOR DRIVE G. MONTHLY TREASUR'S REPORT — AUGUST 31, 2009 H. HIRING OF FIREFIGHTER/PARAMEDIC I. RENEWAL OF AGREEMENT FOR CONSULTING SERVICES WITH MESIROW INSURANCE SERVICES, INC. FOR THE 2009/2010 HEALTH PLAN YEAR (JULY 2009 -JUNE 2010) 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 - None 8. BOARD & COMMISSION RECOMMENDATIONS A. NAI Hiffman on Behalf of Oak brook Promenade — Text Amendment — Commercial Schools Trustee Moy recommended approval to allow space to be rented at the Promenade for a beauty school provided the space not be on the first floor, saving that space for a store that VILLAGE OF OAK BROOK Minutes Page 4 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 would generate sales tax revenue. The plan has been approved by the Plan Commission and Zoning Board with the following conditions: the commercial school be limited to the 2nd floor space with a maximum usage of 10% total square foot of the center and that there be adequate parking spaces provided. VOICE VOTE. Motion carried. 9. UNFINISHED BUSINESS A. SUMP PUMP/ROOF DRAIN DISCHARGE - DISCUSSION Trustee Wolin reported that there have been complaints concerning residents dumping water on their neighbor's yards. Trustee Wolin said to avoid the problem, Dale Durfey suggests the residents discharge to the storm sewer or, if they have no access, move the water to a location that would run over a large grass area. ROLL CALL VOTE. Ayes: 6 - Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Motion carried. B. LA FITNESS SIGNAGE — CLEARWATER DEVELOPMENT — 2030 YORK ROAD Trustee Moy presented options the Board requested concerning the sign for LA Fitness to include an image that represents Oak Brook. The recommendation included the image of Graue Mill and the letters "OB" as part of the lettering. Trustee Moy has seen the design. He believes the Board should move on the decision as the weather will soon be getting colder making it impossible for the company to work on the mosaic design on the outside of the building. Discussion between Board members included the desire to be business friendly in Oak Brook, but due to the new sign ordinance they felt the proper thing to do was defer the decision until the new sign ordinance goes through. Both Trustees Zannis and Wolin state they are not prepared to vote on this issue and if they had to, would not approve it. For the record, Trustee Zannis does not object to the sign, but to the material, which is a mosaic. Trustee Wolin motioned to make an amendment to defer this motion until such time as the sign ordinance is approved. Manager Niemeyer stated that the sign ordinance is several months away from being approved and feels the Village should make a decision on whether or not they are going to move forward, rather than defer it. Trustee Wolin opened the floor for statements to be made by representatives of LA Fitness. Gary Collins of LA Fitness Int. spoke regarding LA Fitness compliance and continued cooperation with the Village's requests and answered questions that had been presented during open discussions. VILLAGE OF OAK BROOK Minutes Page 5 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 Motion by Trustee Moy, seconded by Trustee Saiyed, to approve the wall mural that LA Fitness has proposed to be placed on the south wall of the new facility and the image to be used as this new image as they created. ROLL CALL VOTE: Ayes: 4 - Trustees Moy, Saiyed, Carson, and President Craig. Nays: 3 — Trustees Aktipis, Wolin, Zannis. Abstain: 0 — None. Motion carried. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS — None at this time. B. ORDINANCES & RESOLUTIONS 1) Ordinance of 2009 -BND -G -900, An Ordinance Providing for the Transfer of Permit Bonds to the VILLAGE OF OAK BROOK's General Fund Motion by Trustee Wolin, seconded by Trustee Aktipis, for motion to defer decision until next meeting. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis. Nays: 0 - None. Abstain: 0- None. Motion carried. C. AWARD OF CONTRACTS — None presented. D. STREET LIGHTING BEAUTIFICATION PROGRAM WEST 22ND ST. - UPDATES Trustee Wolin indicated he would like to delete the installation of conduit from the IDOT plan due to the budget at this time. Motion by Trustee Wolin, seconded by Trustee Aktipis. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis. Nays: 0 - None. Abstain: 0- None. Motion carried. E. CITIZENS FINANCIAL ADVISORY COMMITTEE — IT ASSESSMENT Trustee Aktipis presented Todd Rusteberg from the Citizens Finance Advisory Committee to give an update on the Committee's IT assessment regarding benefits for employees. Mr. Rusteberg reviewed actual, expected and planned budget declines as well as observations, comments and recommendations for the IT department and Village as a whole. Trustees Aktipis and Wolin both expressed deep gratitude to the committee for their experience, professionalism and generosity with their time and dedication to the Village. Trustee Wolin also wished to thank the current staff for their outstanding efforts. VILLAGE OF OAK BROOK Minutes Page 6 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 Motion by Trustee Aktipis, seconded by Trustee Wolin, that the Village Board adopts the report. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Wolin, Carson and Zannis. Nays: 0 - None. Abstain: 0- None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer updated the Village regarding the Richter Vs Oak Brook case noting Oak Brook won on all 4 accounts. Next he stated he would like to have a consultant give a presentation for a salary pay plan, with factual comparisons. He would like to clear up any misconception about current employee salaries in Oak Brook. Manager Niemeyer finished by thanking Engineer Dale Durfey, whom he called a consummate professional, for his service and commended him on the fantastic job he has done on a number of projects for the Village. He wanted to wish him and his family well. B. VILLAGE CLERK Clerk Pruss reminded residents of the Wednesday Buffet at the Bath & Tennis Clubhouse and stated Sept 30th would be the last one. She encouraged everyone to attend even if they didn't have reservations. Contact her to add an e -mail address to the listing. C. TRUSTEES — Trustee Carson wished to address the comments made that the library decision was a hasty one. Discussions took place months ago and this has been a long process. He also wished to add that he and his 12 year old son have visited the library 3 times over the last week while doing a science project and he believes they received excellent help. He wished to commend Sue Madorin and the Library staff and relate that he believes this transition will work out. D. VILLAGE PRESIDENT President Craig also wished to address these current difficult times. He calls himself frugal and spends the Village money like it was his own. Everyone needs to remember we are going through some choppy waters at this time. 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 (26), 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 Wolin, seconded by Trustee Saiyed, to adjourn to Closed Meeting to consider the appointment, employment, compensation, discipline, performance, or VILLAGE OF OAK BROOK Minutes Page 7 of 8 REGULAR MEETING OF SEPTEMBER 22, 2009 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). ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Moy, Saiyed, Carson, Wolin and Zannis. Nays: 0 - None. Abstain: 0 — None. Motion carried. The meeting was adjourned to Closed Meeting at 9:47 p.m. 13. ACTION AS A RESULT OF CLOSED MEETING DISCUSSIONS — None presented. J 14. ACTION AS A RESULT OF CLOSED MEETING DISCUSSIONS — None presented. 15. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Zannis, to adjourn the Regular Meeting of the Board of Trustees at 10:05 p.m. 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 SEPTEMBER 22, 2009