Minutes - 09/28/2010 - Board of TrusteesMINUTES OF THE SEPTEMBER 28, 2010 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS
AMENDED ON DECEMBER 14, 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 7:04 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 Stelios Aktipis, James Carson, Mark Moy,
Gerald Wolin and Elaine Zannis.
ABSENT: Trustee Mom Saiyed.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Robert Kallien, Community Development Director; Sharon Dangles, Finance
Director; Thomas McEllin, Fire Chief; Thomas Sheahan, Police Chief; Michael Hullihan,
Public Works Director; Trey VanDyke, Sports Core Director; and Mark Sterk, Village
Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Craig stated that he is going to take resident comments prior to making his opening
comments.
President Craig stated that he is confident that negotiations between the Village and the Fire
Department will have a positive resolution and will be fair to both sides. He also stated that
the Village is very proud of its Department. He further stated that comments made at
meetings from residents do not reflect his views.
President Craig asked Manager Niemeyer to comment on last week's Citizen Finance
Advisory Committee Meeting. Manager Niemeyer stated that comments made by residents
at meetings are not refuted because they are only comments and meetings are not a place for
resident debate forums. He also stated that he is hopeful that negotiations will be resolved
soon and favorable to both sides. He further stated that through agreements and
disagreements, the Oak Brook Fire Department will continue to give the excellent service as
it has done for years.
President Craig asked residents to consider volunteering for an appointed position with the
Library Commission. He stated that applications can be obtained at Village Hall or on line.
Completed applications should be returned to Village Hall.
A. NATIONAL WALK OUR CHILDREN TO SCHOOL DAY PROCLAMATION
The Proclamation was read by Clerk Pruss.
VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF SEPTEMBER 28, 2010
B. HALF MARATHON UPDATE
Tom Hepperle stated that 1,482 runners participated at the Oak Brook Half Marathon held on
Labor Day. 35 participants were Village residents and the event was a success. The
feedback was great and the marathon helped raised money for local charities. He thanked
Village Officials and Village staff for making this event so successful. The next marathon in
Oak Brook will be September 5, 2011.
Trustee Moy stated that the Village should do more to promote the marathon and Oak Brook.
4. RESIDENTNISITOR COMMENT
Resident Robert Stanford addressed President Craig regarding a letter that he sent out to the
business community regarding his reelection. He also stated that incorrect information was
given at the September 22nd Citizen Finance Committee when President Craig stated that
Chief Tom McEllin wrote the existing union contract for Village firefighters.
Resident Gopal Lalamalani stated that he received a copy of the letter that President Craig
sent to the business community. Resident Lalamalani asked President Craig to disclose who
these opponents are. He stated that he is running for President and his focus will be on
generating revenue and cutting expenses. He also stated that public ranting as happened in
the news recently should not be allowed and the Village Board should apologize to our
residents and our employees. He further stated that we cannot cut corners or compromise
public safety.
Resident William Lindeman stated that comments made by a resident at the September 22nd
Citizen Finance Committee should be ignored and President Craig should voice his
disagreement with the comments made. Resident Linderman stated that he will be happy to
furnish anyone with a copy of the recording of the September 22 "d Citizen Finance
Committee Meeting. He also stated that he wants an answer on the limit that the Board set
for soliciting money from businesses. He further stated that a Police Department Study by
an independent firm needs to been done and he further inquired about the status of the fire
truck replacement.
Resident Mario Vescovi stated that he is disturbed about the comments made in the news by
an Oak Brook Fire Department representative that residents should pay property taxes. He
also would like to know why it is taking three years to negotiate a contract with the Fire
Department and why have negotiations cost the Village $120,000 so far.
Resident Constanine Xinos stated that he has a right to speak his mind and he objects to
comments made by other residents at the meeting. He stated that he goes to meeting and
makes suggestions on how to cut costs and other residents go to meetings and only state cuts
need to be made and more revenue needs to be generated but do not make suggestions on
how this should be achieved. He also stated that the Village is not a union oriented
community and that employees need to start realizing this. He further stated that the Village
should not be in the food business and should not hire two part-time positions at the Sports
Core.
VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF SEPTEMBER 28, 2010
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF JULY 13, 2010
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the
Regular Board of Trustees Meeting of July 13, 2010. VOICE VOTE: Motion carved.
B. REGULAR BOARD OF TRUSTEES MEETING OF JULY 27, 2010
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
Regular Board of Trustees Meeting of July 27, 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.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING SEPTEMBER 24, 2010 -
$1,646,543.07
Significant Items included in Above:
1) Legal Bills
Odelson & Sterk, Ltd. — Legal Services — August, 2010 - $29,086.03
Hervas, Condon & Bersani, P.C. — Legal Services — August, 2010 - $3,466.50
2) PirTano Construction Co.— Payout #6 — 2010 Water Main Replacement Project -
$460,419.61
3) James J. Benes & Associates — Payout #6 — 2010 Water Main Const. Insp. -
$25,417.01
4) DuPage Water Commission — August 2010 - $276,960.99
5) Greater Oak Brook Chamber of Commerce — Chamber's Overnight Stays Project -
$20,000.00
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 23, 2010 -
$477,018.78
C. COMMUNITY DEVELOPMENT REFERRALS —None
D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS — None
E. BUDGET ADJUSTMENTS
F. ORDINANCES & RESOLUTIONS
1) Ordinance 2010- ZO -TA -G -934, An Ordinance Approving a Text Amendment to
Section 13 -2 -2 of the Zoning Ordinance of the Village of Oak Brook
G. AWARD OF CONTRACTS —None
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H. MONTHLY TREASURER'S REPORT —AUGUST 31, 2010
I. 2010 WATER MAIN REPLACEMENT PROJECT — 35`h STREET (MEYERS RD TO
CASS CT) —NORTH HALF OF TIMBER TRAILS SUBDIVISION - CHANGE
ORDER #3
Motion by Trustee Aktipis, seconded by Trustee Wolin, to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA — None
BOARD & COMMISSION RECOMMENDATIONS
A. OLIVET NAZARENE UNIVERSITY — INLAND OAK BROOK INTERNATIONAL
OFFICE CENTER — 2809 BUTTERFIELD ROAD — SPECIAL USE — NON
RESIDENTIAL SCHOOL
1) ORDINANCE S -1293, AN ORDINANCE GRANTING A SPECIAL UST TO
ALLOW OLIVET NAZARENE UNIVERSITY TO OPERATE A
NONRESIDENTIAL SCHOOL AT 2809 BUTTERFIELD ROAD IN THE VILLAGE
OF OAK BROOK
Presented by Trustee Moy. Trustee Moy stated that a required public hearing was held on
September 20, 2010, on a petition from the Olivet Nazarene University to operate a non
residential school at 2809 Butterfield Road. He also stated that the timing of their classes
will not disrupt local traffic patterns or available parking.
Motion by Trustee Moy, seconded by Trustee Aktipis to concur with the recommendations
from the Plan Commission and Zoning Board of Appeals and approve a special use to allow
Olivet Nazarene University to operate a nonresidential school located at 2809 Butterfield
Road and approve Ordinance S -1293.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
B. OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD — VARIATION — TO
AMEND CONDITIONS APPROVED UNDER ORDINANCE S -1084 REGARDING
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DATES AND USE OF BALL FIELD LIGHTS
Presented by Trustee Moy. Trustee Moy stated that a public hearing was held on September
7, 2010 on a petition from the Oak Brook Park District seeking approval of an amendment to
an existing variation in order to extend the use of the ball field lights on fields I through 4
until November 151h, and to permit adult athletic events on field 1 through October 3151 of
each year. He also stated that an invitation to the hearing was extended to residents to
express any objections or concerns.
Motion by Trustee Moy, seconded by Trustee Wolin to concur with the recommendation
from the Board of Appeals and approve the requested amendment to the variation regulating
the ball field lights located at 1450 Forest Glen Road and authorize the Village Attorney to
prepare the necessary ordinance for final consideration at the October 12,2010, Board of
Trustees Meeting. VOICE VOTE: Motion carried.
C. VILLAGE OF OAK BROOK — TEXT AMENDMENT — SIGN REGULATIONS —
BANNER PROGRAM
Presented by Trustee Moy. Trustee Moy stated that on September 7, 2010 a required public
hearing was held on a request from the Village to consider text amendments to the Village
sign regulations to permit banners on Village owned street lights within certain right of
ways. He also stated that the program, known as the Banner Program, will focus on
community events and activities and special events that are sponsored by Oak Brook
businesses. He further stated that the objection of the Plan Commission and Zoning Board
of Appeals is that the Banner Program will become too commercialized but the Village is
restricting itself and the program will not be successful if we only advertise Village events
since there are not that many events to promote. The Village will have full control of what
banners can go up.
Discussion ensued.
Motion by Trustee Aktipis, seconded by Trustee Wolin to table the recommend approval of
the Oak Brook Banner Program (Version 2) which permits everything found in Version 1 but
also permits local Oak Brook establishments to advertise their business name and authorize
the Village Attorney to prepare the necessary ordinance for final consideration at the October
12, 2010, Board of Trustees Meeting.
ROLL CALL VOTE:
Ayes: 4 — Trustees Aktipis, Carson, Wolin, and Zannis
Nays: 1 — Trustee Moy
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
9. UNFINISHED BUSINESS —None
10 ACTIVE BUSINESS —None
VILLAGE OF OAK BROOK MINUTES Page 5 of 11 REGULAR MEETING OF SEPTEMBER 28,20 10
A. CONFIRMATION OF APPOINTMENTS — None
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 2010- LC -AL -G -933, 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
Presented by Manager Niemeyer. Manager Niemeyer stated that Totopo Mexican Grill, Inc.
has applied for a Class A -1 Liquor License and has requested that the matter be considered
by the Village.
Motion by Trustee Zannis, seconded by Trustee Wolin to approve passage of Ordinance G-
933, 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: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
C. AWARD OF CONTRACTS — None
D. COMMUNITY DEVELOPMENT REFERRALS — None
E. PUBLIC WORKS EFFICIENCY STUDY — Discussion Only
Presented by Trustee Wolin. Trustee Wolin asked Manager Niemeyer to present the Public
Works Efficiency Study. Manager Niemeyer stated that Management Partners, Inc. will
present a summary of the results of the Study.
Ken Murray from Management Partners Inc, stated that areas studied included:
Vehicle Maintenance
Utility Location (JULIE)
Water Main Repair
Snow Removal
Leaf Collection
Street Sweeping
Tree Removal
Key recommendations of the report are as follows:
Improvements in time keeping methodology
Improvements in fleet management and operations
Engage in a fleet reduction strategy
VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OF SEPTEMBER 28, 2010
Utility location (JULIE) should be privatized
Request for Proposals for Street Sweeping and Forestry Service should be conducted
Cutback Village street sweeping
Privatizing of management of water services should be looked at
Reduction of overtime for water main repairs
Leaf collection should remain in house
Discussion ensued.
Manager Niemeyer stated that changes to Utility location (JULIE) will be implemented first
and a schedule of priorities of recommendations will be given to the Village Board soon.
F. SPORTS CORE — HIRING OF TWO NEW POSITIONS
President Craig feels that this is the wrong time to hire new employees and that he will veto
any decision to hire new employees at this time.
Presented by Trustee Zannis. Trustee Zannis stated the Village will create a preferred
vendors list of caterers for the Bath & Tennis Clubhouse usage and the two part time
positions are needed for coordinating marketing for the Sports Core and catering for the
Clubhouse.
Discussion ensued.
Motion by Trustee Zannis, seconded by Trustee Carson to table hiring of two new positions
at the Sports Core. VOICE VOTE: Motion carried.
G. POSSIBLE 2011 REVENUE OPTIONS — AMBULANCE FEES
Presented by Trustee Moy. Trustee Moy stated that the starting point in setting ambulance
fee rates is the Medicare allowed fee schedule. The Medicare allowed fees have increased
and all the Village's resident rates are below the Medicare allowed amount. The proposed
rate increase will be $50 for both BLS and ALS service which will be significant extra
revenue to the Village.
Discussion ensued.
Motion by Trustee Zannis, seconded by Trustee Aktipis to direct the Village Attorney to
create an ordinance to increase the ambulance fees with a blank for the actual amount and
determine at the next meeting and then approve the ordinance.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carved.
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H. AGREEMENTS FOR TRAFFIC SIGNAL COSTS ON 22ND STREET:
1)COSTCO
Presented by Trustee Wolin. Trustee Wolin stated that Trustees were involved in
discussions regarding street lights. He also stated that Costco has agreed to pay $300,000 of
the estimated $458,600 needed for the street light at their location. The Village is
responsible for the remainder.
Motion by Trustee Wolin, seconded by Trustee Moy to approve the cost sharing agreement
between the Village of Oak Brook and Costco for a new traffic signal and related 22nd Street
Road Improvements.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: I — Trustee Saiyed
Motion carried.
2) OAKBROOK TERRACE
Presented by Trustee Wolin. Trustee Wolin stated that Oakbrook Terrace has agreed to pay
$76,810 of the estimated $244,000 for the street light located at the Shops of Oak Brook.
The Shops of Oak Brook will contribute $170,000 for the street light.
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the intergovernmental cost
sharing agreement between the Village of Oak Brook and City of Oakbrook Terrace for a
new traffic signal located at the Shops of Oak Brook/JRC Plaza.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
I. EARLY RETIREMENT INCENTIVE PROGRAM
Presented by Trustee Aktipis. Trustee Aktipis stated that the early employment retirement
program will be offered to employees 48 years old or above and who have at least 20 years
tenure with the Village. He also stated that eligible employees will have to decide by the end
of December and must retire between January 1, 2011 and March 31, 2011. He further
stated that eligible employees can either choose to receive 25% of final salary or continue
family health insurance coverage for nine months after retirement. He further stated that he
would like to see a financial analysis of the impact this will have on the Village.
VILLAGE OF OAK BROOK MINUTES Page 8 of 11 REGULAR MEETING OF SEPTEMBER 28, 2010
Finance Director Dangles stated that it will cost $25,000 in 2011 if seven eligible employees
decided to take the offer.
Discussion ensued.
Motion by Trustee Aktipis, seconded by Trustee Zannis to table the early retirement
incentive program until next meeting in anticipation of receiving definite numbers regarding
the impact.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
J. ARCHITECTURAL REVIEW /APPEARANCE COMMISSION
President Craig stated that he has some questions on whether some of the buildings built in
Oak Brook should have been built.
Presented by Trustee Moy. Trustee Moy stated that the idea stemmed from a problem that
York Woods Subdivision is having with a home that is being built on Windsor Avenue.
York Woods does not have its own architectural committee as do other subdivisions. He
stated that Village should only decide on issues of safety and should not be in the business of
telling people how they can build their houses and how they can look.
Discussion ensued.
Motion by Trustee Moy, seconded by Trustee Aktipis to direct staff to prepare the
framework for an Architectural Review /Appearance Commission.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 1 —Trustee Saiyed
Motion carried.
K. POLO UPDATE
Presented by Trustee Zannis. Trustee Zannis stated that in 2011 the Village is hoping to
bring Polo back for three matches to be played on field 1. She also stated that the maximum
risk to the Village will be $25,000 and that she will be soliciting sponsorship for the
matches.
Motion by Trustee Zannis, seconded by Trustee Carson to authorize staff to negotiate an
agreement with the Pro Pool Polo League to hold 3 matches at the Oak Brook Golf Club in
VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF SEPTEMBER 28,20 10
2011.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
L. GEOGRAPHIC INFORMATION SYSTEM (GIS) UPDATE
Presented by Trustee Carson. Trustee Carson stated that the Village entered the GIS
Consortium in January 2009.
MGP, Inc. presented a brief update on what the Village has been using GIS for during 2010
and provided some suggestions for 2011.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER - None
B. VILLAGE CLERK
Clerk Pruss made the following announcements:
1) The Civic Association is sending out their newsletter and is requesting $45 for decals.
2) Early Voting starts October 11th and goes through October 28th.
3) Absentee ballot applications are available at the Village or at DuPage County Election
Commission. The DuPage County Election Commission can be reached at 630 - 407 -5600.
4) Clerk Pruss attended the Autumn Fest and thought it was a success.
C. TRUSTEES
Trustee Wolin stated the Autumn Fest was a wonderful event. He also stated that we have a
great Fire Department and that the comment regarding we pay our firefighters over $100,000
includes benefits and pension. The salary the Village pays is comparable to other
communities. He further stated that what the Village pays for employee pensions is set by
the legislature and beyond the Villages control.
Trustee Carson stated an ad was placed regarding the Oak Brook Half Marathon in the
official program.
Trustee Zannis stated that comments made by residents do not reflect the view of the Board
and it is very disappointing that the Board feels the wrath of the comments made.
Trustee Moy stated that the Board appreciates the Fire Department and comments made do
not reflect how the Board members feel about the department.
D. VILLAGE PRESIDENT
President Craig read a letter that he received from McDonalds committing a $100,000
donation for the 2011 Taste of Oak Brook.
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12. ADJOURN TO CLOSED MEETING 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 (26 1) and to consider security procedures and the use of personnel and equipment
to respond to an actual, threatened, or reasonable potential danger to the safety of the
employees and public property (2c8).
Motion by Trustee Aktipis, seconded by Trustee Moy 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 (2cl1) and to consider security procedures and the use of
personnel and equipment to respond to an actual, threatened, or reasonable potential danger
to the safety of the employees and public property (2c8).
ROLL CALL VOTE:
Ayes: 5— Trustees Aktipis, Carson, Moy, Wolin, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Saiyed
Motion carried.
This meeting was adjourned to Closed Meeting at 10:25 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Zannis to adjourn the Regular Meeting of the
Board of Trustees at 11:30 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK MINUTES Page I1 of 11 REGULAR MEETING OF SEPTEMBER 28, 2010