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Minutes - 09/27/2011 - Board of Trustees (3)REVISED MINUTES OF THE SEPTEMBER 27, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 25, 2011. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani 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 Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark Moy, Gerald Wolin, Asif Yusuf and Elaine Zannis. ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief, Sue Madorin, Library Director; Steve Larson, Police Department Consultant; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani thanked the Autumn Festival Committee, employees and trustees for all of their hard work on Sunday. He stated the Autumn Fest was a very successful fun - fTlled event. President Lalmalani stated that on Saturday a Homeowners Association President meeting was held and well attended. The Association President's were able to give a lot of input which is always helpful in knowing what is going on in the community. The group will meet again in January. President Lalmalani then stated that there will be an Economic Development Summit meeting to discuss ideas in which Oak Brook can expand its commercial business. This meeting will be held either at the end of October or the beginning of November. 4, RESIDENTNISITOR COMMENT Resident Al Knuth, shared his concerns over the salary increase plan for non -union employees. He urged the Board to consider a merit based increase instead. He also requested an extension of up to thirty days to review the budget, as it is a lot of information to review in such a short period of time. VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING SEPTEMBER 27, 2011 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 9, 2011 Motion by Trustee Aktipis, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of August 9, 2011. VOICE VOTE: Motion carried. B. SPECIAL BOARD OF TRUSTEES MEETING OF AUGUST 18, 2011 Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the Special Board of Trustees Meeting of August 18, 2011. 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: 1) For Period Ending September 23, 2011 - $1,831,271.31 Significant Items included in Above: 1) Odelson & Sterk, Ltd. - Legal Services — August, 2011 - $15,652.50 2) Christopher B. Burke — Payout No. 4 - Paving Const. Insp. - $25,965.45 3) DuPage Water Commission — August, 2011 - $290,212.15 4) Martam Construction — Payout No. 4 — 2011 Water Main Replacement Project $228,272.17 5) James D. Fiala Paving — Payout No. 1 — 2011 Misc. Paving Project - $384,168.51 6) James D. Fiala Paving — Payout No. 2 & Final — 2011 ERP Paving Project - $28,714.30 B. Approval of Payroll 1) For Pay Period Ending September 17, 2011 - $634,825.16 C. Community Development Referrals —NONE AT THIS TIME D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Golf Cart Fleet VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING SEPTEMBER 27, 201 I E. Budget Adjustments — None F. Ordinances & Resolutions 1) ORDINANCE 2011- TX -UT -G -950, An Ordinance Further Amending Ordinance G -470, Establishing a Utility Tax Within the Village of Oak Brook, Illinois. 2) ORDINANCE 2011- ZO- SU -EX2 -S -1320, An Ordinance Amending an Existing Special Use Permit Relative to Outdoor Dining Areas at the Oak Brook Promenade. 3) ORDINANCE 2011- LC -AL -G -951, 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 4) ORDINANCE 2011 -PP -S -1319, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook. 5) RESOLUTION 2011- AG -EXl -R -1126, A Resolution Approving and Authorizing the Execution of an Agreement for the Saddle Brook Subdivision 2012 Paving Project By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd. G. Monthly Treasurer's Report —August 31, 2011 Motion by Trustee Aktipis, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 -None Motion carried. ITEMS REMOVED FROM CONSENT AGENDA Item Al) Odelson & Sterk, Ltd. - Legal Services — August, 2011 - $15,652.50. Trustee Manzo requested a separate vote for Item Al. Motion by Trustee Manzo, seconded by Trustee Yusuf to approve Item Al I. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf and Zannis Nays: 1 — Trustee Manzo Abstain: 0 — None Absent: 0 -None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING SEPTEMBER 27, 2011 3 0 10. BOARD & COMMISSION RECOMMENDATIONS — NONE AT THIS TIME UNFINISHED BUSINESS — NONE AT THIS TIME ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS — NONE AT THIS TIME B. ORDINANCES & RESOLUTIONS 1) ORDINANCE 2011- F1- TX -BU -S -1318, An Amendment to Ordinance S -1309 Which Amended Certain Finance, Taxation and Budget Policies of the Village President and Board of Trustees of the Village of Oak Brook. Trustee Aktipis explained that this agenda item deals with the Village's policy that they must maintain a six month cash reserve in order to deal with any unexpected expenditures that may arise. There is a staff recommendation that because our tax revenues are increasing by a small amount each month, that the policy be revised to read that the Village will strive to increase reserves to a seven month cash reserve with the understanding that at times, the Village will be using the excess reserves during difficult budget years. Manager Niemeyer stated that the reasoning behind the policy change is that during the good years the fund balance would be greater than six months. This would allow for a surplus to fall back on when budget projections are less than expected. He also stated the cash reserve will always be at least six months. Trustee Aktipis stated that he agreed with the Village Manager, and that this does not exclude the possibility of having to make mid -term budgetary adjustments. Motion by Trustee Aktipis, seconded by Trustee Manzo to approve Ordinance 2011 -F1- TX-BU-S- 1318, An Amendment to Ordinance S -1309 Which Amended Certain Finance, Taxation and Budget Policies of the Village President and Board of Trustees of the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 -None Motion carried. 2) RESOLUTION 2011 -AG -R -1129, A Resolution Approving and Authorizing the Execution of an Agreement in Relation to Prosecution Services By and Between the Village of Oak Brook and Rathje & Woodward, LLC. Trustee Manzo thanked Trustee Moy, Robert Kallien, David Niemeyer, and Steve Larson VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING SEPTEMBER 27, 2011 for their participation in this issue. He stated two firms were interviewed. Currently prosecution services have been averaging about $100,000.00 per year. He also stated the proposal from Rathje and Woodward will cap fees at $40,000 per year. He further stated the village is very happy with the firm they have chosen, as they believe they will provide the best services and have a very reputable background. Trustee Moy stated the interviews went well and he was very pleased when the best firm for the job also turned out to be the least expensive. Trustee Yusuf added that a lot of work went into these interviews and he is very happy to see that the chosen company is one that comes highly recommended while at the same time being the one that is saving the Village the most money. Trustee Zannis stated that the committee did an excellent job and that there is a significant savings. Trustee Wolin asked if the prosecution services covered the DUI fees also. Village Manager David Niemeyer responded yes, but that the adjudication fees were separate. Motion by Trustee Manzo, seconded by Trustee Yusuf to approve Resolution 2011 -AG -R- 1129, A Resolution Approving and Authorizing the Execution of an Agreement in Relation to Prosecution Services By and Between the Village of Oak Brook and Rathje & Woodward, LLC. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 -None Motion carried. B) DUI ANALYSIS — DISCUSSION ONLY Manager Niemeyer stated that there have been some concerns about handling DUI cases, whether it is better to handle them locally, or have the state handle them as has been done in the past. He turned the floor over to Lieutenant Jason Cates from the Police Department to share some of his findings. Lt. Cates stated there is about 100 DUI's annually in Oak Brook. Typically the cost is split 50/50 between local prosecution and state prosecution. Trying to track down the exact expenditures for DUI's can be difficult because the court cases last several months, and sometimes years. Local prosecution fines are higher than state prosecution fines. Also, the non -pay rate is much lower on a local prosecution at 33% versus 66% of the non -pay rate in state prosecutions. He stated attorney fees for DUI's average about $4,700 per month. Lt. Cates further stated that the Village would recoup more of its money if DUI VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING SEPTEMBER 27, 2011 cases are handled locally. Trustee Moy asked Lt. Cates what happens to those people who do not pay their DUI fees. Lt. Cates responded that at a local level the offender gets a warrant issued for their arrest and can face jail time 3) ORDINANCE 2011 - SAP -EXl -S -1321, An Ordinance Amending the 2011 Salary Plan and Salary Administration Policy for Non - Represented Employees of the Village of Oak Brook, Illinois. Trustee Wolin explained that this is a pay increase for non -union employees. One of the recommendations of the Citizens Finance Committee was to do a salary study for the non- union employees. He stated Trustee Zannis and committee member George Klein participated in the study, along with other Village staff members. He also stated the study is inconclusive about certain benefits that the Village provides its employees. He further stated that more work needs to be done to compare Village benefits to the public and private sectors. Trustee Wolin stated that the Board should approve this wage increase for non -union employees as these members of the staff have had a freeze on their wages since 2010, as well as a 20% staff reduction. Trustee Wolin also stated that the potential unionization of these employees did not affect his decision; rather, he felt that this increase was the right thing to do. Trustee Manzo asked Assistant Manager Wing what the financial impact will be. Assistant Manager Wing responded that for the seventeen full time employees and the nineteen part-time employees receiving the 2% increase, the financial impact is estimated at $30,000. The overall total of the additional 1.5% is estimated at $80,000, for a total of $110,000 for this, year. Trustee Zannis strongly encouraged the Board to give consideration to passing this. She reminded the Board that there are fewer staff members, but the work level has remained the same. She stated employees have been extremely patient and it is time that the Board rewards this patience and lets the employees know that they are valued. She further stated that she did not want to lose any more employees and the current'employees should feel appreciated. Trustee Yusuf agreed with Trustee Zannis and believes that the cost of living is going up and that the Village needs to adjust the pay to fit these times. Trustee Aktipis believes that this is a well considered action on the part of the Board. He believes that the pay increase is necessary because these non - represented employees have not had the same perks of those employees that are part of unions. Trustee Manzo stated that although he supports this motion, he also understands where Mr. VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING SEPTEMBER 27, 2011 Knuth is coming from in his earlier remarks, because these issues are also something that Trustee Manzo is aware of in dealing with all of the pay cuts and wage freezes that have happened and are still happening in private sectors. He believes that the Village Employees have been working very hard, and are doing a very good job. Resident Knuth clarified that he was not attacking Village employees. He stated that he is empathetic to the people who lost their jobs, and there are a lot of people who would be very thankful to have Village jobs. Resident Mark Krambowlis, stated that a 2% increase is fair and that Board has done a great job on cutting back and becoming more efficient. Motion by Trustee Wolin, seconded by Trustee Zannis to approve Ordinance 2011 -SAP- EX1-S -1321, An Ordinance Amending the 2011 Salary Plan and Salary Administration Policy for Non - Represented Employees of the Village of Oak Brook, Illinois. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 -None Motion carried. C. AWARD OF CONTRACTS 1) Replacement Vehicles — Four Ford Escape XLT's — Suburban Purchasing Cooperative — One Chevrolet Tahoe SUV's — State of Illinois Joint Purchasing Trustee Yusuf explained that the Board is looking at replacing five police vehicles. One vehicle and needs to be replaced. The Village is paying $20,000 for the four Ford Escapes, and a little more for the Tahoe. He stated this is a very good deal compared to what a person would go into the dealership and pay. Additional costs are included to outfit the vehicles so they can be used by the police force. Trustee Zannis asked the Board to clarify the vehicle replacement fund and the court supervision fund and what the differences are. Lt. Cates explained that these funds have been accumulating money for years now, in order to offset the budgetary demands. The court supervision fund is coming from when an offender goes to court and has the option of court supervision; this person is paying an additional $20 to the Village of Oak Brook. By statute, this money is strictly for vehicle maintenance and replacement. Trustee Wolin agrees with the recommendation to approve this motion. He stated the question that has come up over the years is if the police department already has more vehicles then it needs. After speaking with Steve Larson, he agrees that the number of police vehicles the Village owns is the correct amount. He asked Lt. Cates to explain what VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING SEPTEMBER 27, 2011 the police department has done to reduce the number of vehicles needed. Lt. Cates explained that the process that starts with the finance department and finding how much money they have to spend. Then, they talk to maintenance and decide what vehicles need replacement and what vehicles can remain in the fleet. He further stated four vehicles have been eliminated from the police fleet, within the last two years, and have not replaced. Motion by Trustee Yusuf, seconded by Trustee Aktipis that the Village Board waive further bidding since Suburban Purchasing Cooperative already conducted the bid process and issue a purchase order to Currie Motors, Frankfort, Illinois for four (4) 2012 Ford Escape XLTs (4WD) in the amount of $82,892 ($20,723 per vehicle). Additionally, $12,000 be authorized to purchase the necessary equipment to outfit the above vehicles, and that the Village Board waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Miles Chevrolet, Decatur, Illinois for one (1) 2012 Chevrolet Tahoe PPV Police Interceptors (4WD) in the amount of $30,655.60. Additionally, $6,865 be authorized to purchase the necessary equipment to outfit the above vehicle. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 -None Motion carried. D. VILLAGE SURVEY - THIS ITEM WILL BE PRESENTED AT A LATER MEETING 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated that fall leaf pickup starts October 10, 2011. The list of the various zones is on the website. As a reminder the residents need to rake their leaves into a pile, and do not pile leaves on the street pavement. Leaf piles should be ready a day or two before the pickup date. Manager Niemeyer asked Tom Hepperle, Director of the Oak Brook Half - Marathon, to talk a little about the 2011 Half- Marathon. Tom Hepperle stated that there was a very good turnout for the race, and many people stated that they would participate next year. He stated the race would not have been possible without all the volunteers that gave their time and effort. He thanked the village staff for all of their help and for making the Village look as beautiful as possible on race day as well as all of the sponsors that participated. President Lalmalani thanked Mr. Hepperle for all of the effort that he put in and added that they hope they can make the race even more of a success for next year. Trustee Moy added that the weather on race day was beautiful, and this race is a great way VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING SEPTEMBER 27, 2011 to showcase the best of Oak Brook to people who are not as familiar with the area. Trustee Moy then stated that his concern however was that the number of participants this year was significantly lower than last year. Mr. Hepperle stated competitors are trying to get future participants and he does agree that they need to do more for next year's race. President Lalmalani stated that he spoke to several residents that did not know about the Oak Brook Half- Marathon and that next year there should be more advertisement. B. VILLAGE CLERK Clerk Pruss stated "Take Care of Business Day" is sponsored by the Police Department and is being held November 3, 2011 from loam to 2pm at the Oak Brook Public Library. There will be representatives on hand from the Secretary of State to renew or correct driver's licenses and provide license plate renewal. She also stated that she will be doing voter registration and the Police Department will provide fingerprinting ID kits for children, along with many other activities. C. TRUSTEES Trustee Yusuf stated that the Police Chief selection process has been going very well and they are close to picking their candidates for President Lalmalani to choose from. Also, Trustee Yusuf stated that as it begins to get dark out earlier in the evening he urges people to wear reflective gear when they're out at night to make sure that people in vehicles can see them. Trustee Wolin encouraged police command staff to give their recommendations for the 2012 Oak Brook Half Marathon and ways in which it could run more smoothly. D. VILLAGE PRESIDENT President Lalmalani deferred to the Department Directors. 1) Acting Police Chief Larson thanked Clerk Pruss for her mention of the Take Care of Business Day. 2) Fire Chief McEllin thanked the Oak Brook Women's Club for their donations to the Village of Oak Brook at their Benevolent Lunch. 3) Sports Core Director VanDyke wanted to give special thanks to Evergreen Bank Group and Tuscany of Oak Brook for their support of Autumn Fest. Thanks also to the police and fire departments for making it a community event. 4) Library Director Madorin stated that on October 29, 2011 there will be another community recycling event at the Library and asked for any volunteers to help with the heavy lifting. 5) Assistant Manager Wing thanked the Board for their support of village employees, and VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING SEPTEMBER 27, 2011 especially thanked Trustees Wolin and Zannis for their hard work on the Village's Compensation Plan. 6) Public Works Director Hullihan reminded residents about the fall leaf pickup and also urged residents to look at the tips available to them about winterizing their homes. 12. ADJOURN TO CLOSE SESSION To discuss (1) collective negotiating matters or deliberations concerning salary, (2) minutes of meetings lawfully closed, and (3) personnel, pursuant to sections 2c(2), 2c (21), of the Illinois Open Meetings Act, respectively. Motion by Trustee Zannis, seconded by Trustee Aktipis to adjourn to closed session to discuss (1) collective negotiating matters or deliberations concerning salary, (2) minutes of meetings lawfully closed, and (3) personnel, pursuant to sections 2c(2), 2c (21), of the Illinois Open Meetings Act, respectively. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 — None Motion carried. This meeting was adjourned to Closed Meeting at 8:19 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Moy to adjourn the Regular Meeting of the Board of Trustees at 9:50 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING SEPTEMBER 27, 2011