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Minutes - 10/12/2010 - Board of Trustees (2)MINUTES OF THE OCTOBER 12, 2010 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 14, 2010. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Village Clerk Charlotte Pruss in the Samuel E. Dean Board Room of the Butler Government Center at 7:16 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: Trustees Stelios Aktipis, James Carson, Mom Saiyed, Gerald Wolin and Elaine Zannis. ABSENT: President John W. Craig and Trustee Mark Moy. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert Kallien, Community Development Director; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief; Sue Madorin, Library Director; Thomas Sheahan, Police Chief, Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Mark Sterk, Village Attorney. A. TEMPORARY CHAIRMAN Motion by Trustee Aktipis, seconded by Trustee Wolin to appoint Trustee James Carson as Temporary Chairman in the absence of President Craig. VOICE VOTE: Motion carried. 3. PRESIDENT'S OPENING COMMENTS Clerk Pruss read information provided about Fire Prevention Week which is October 3`d — 111h. This year's theme is "Smoke Alarms: A Sound You Can Live With ". A. DUPAGE COUNTY STORMWATER MANAGEMENT DISCUSSION /PRESENTATION Trustee Wolin introduced Tony Charlton from DuPage County Stormwater Management. Tony discussed the July 23`d flood event and how the Elmhurst Quarry operates. A short presentation on how to access a web -based tool to get real time data and operations at storm water management facilities was given also. Resident George Klein asked why the Quarry is not used at 100% of capacity during storms. Tony Charlton stated that protocol needs to be followed at all times and 100% of capacity is not protocol for all storms. Trustee Aktipis asked how many storms were comparable to the magnitude of the July 23`d storm. Tony Charlton stated there have been three since 1996 of this magnitude. Trustee Zannis stated that the perception is the quarry was not opened fast enough to avoid VILLAGE OF OAK BROOK MINUTES Page I of 7 REGULAR MEETING OF OCTOBER 12,20 10 flooding. Tony Charlton stated that is not the case and flooding occurred because the amount of rain was too much in a too little of a time period for any quarry to handle. Trustee Saiyed asked if there are any plans to do things differently in the future. Tony Charlton stated the flood forecasting section added to the website is new and will be very beneficial for communities to be more prepared and to provide better protection to residents. He also stated that a change in the operations of the DuPage Stormwater Management will require a study to be conducted. He further stated that some homes are too low and can not be protected and will always have flooding. The homes that cannot be protected can be purchased by DuPage County if funding is available through grants. 4. RESIDENTNISITOR COMMENT Audrey L. Muschler stated that the Fullersburg Historic Foundation is requesting the proposed text amendment regarding the York Tavern be tabled so that sufficient time is given to work on the issues that are not directly related to their request but to code compliance. She also stated that the York Tavern is a very important component to DuPage County. Jean Follett spoke of the importance of York Tavern as a site, a building and a business to the Village of Oak Brook and the Historic Fullersburg Foundation. Kris Fay from College of DuPage discussed the changes in progress due to input they received during the Listening Tour they conducted. She also stated that a "No Tax Rate Increase" referendum will be on the November 2 °a ballot. Resident Kathy Maher thanked the Board members for their continued support of the renovation of the Oak Brook Historic Society building and stated because of a generous donation, phase two will begin soon. She also asked residents to consider becoming members of the Historical Society. Resident Arlene Birkhaha stated the York Tavern is a good draw and a plus to our community. 5. APPROVAL OF MINUTES — None 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 OCTOBER 8, 2010 - $513,992.06 Significant Items included in Above: 1) PirTano Construction Co — Payout #7 $219,848.14 — 2010 Water Main Replacement Project - VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF OCTOBER 12, 2010 B. APPROVAL OF PAYROLLS 1) Payroll for Pay Period Ending October 2, 2010 - $710,219.72 2) Payroll for Pay Period Ending September 18, 2010 - $659,717.47 3) Special Payroll for Police Offset Pay - $22,815.52 4) Special Payroll for Police Retro Pay - $109,568.92 C. COMMUNITY DEVELOPMENT REFERRALS — None D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None E. BUDGET ADJUSTMENTS 1) Public Works — Equipment Replacement F. ORDINANCES & RESOLUTIONS 1) Ordinance 2010- LY -EXl -S -1294, An Ordinance Adopting a Revision to the Library Computer Use Policy 2) Ordinance 2010- TX -UT -G -936, An Ordinance Further Amending Ordinance G- 470, Establishing a Utility Tax Within the Village of Oak Brook, Illinois 3) Ordinance 2010- ZO- V -EXl -S -1296, An Ordinance Amending an Ordinance Granting a Variation Allowing Ball Field Lights for the Property at 1450 Forest Gate Road in the Village of Oak Brook 4) Ordinance 2010 -PP -S -1295, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook Motion by Trustee Aktipis, seconded by Trustee Zannis to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 2 — President Craig and Trustee Moy Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None 8. BOARD & COMMISSION RECOMMENDATIONS A. FULLERSBURG HISTORIC FOUNDATION — PROPOSED TEXT AMENDMENT — REQUEST TO TABLE MATTER VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF OCTOBER 12, 2010 Motion by Trustee Aktipis, seconded by Trustee Wolin to concur with the Applicant's request to table this matter to June 2011. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS — None 10. ACTIVE BUSINESS —None A. CONFIRMATION OF APPOINTMENTS — None B. CITIZEN'S FINANCE ADVISORY COMMITTEE UPDATE Presented by Trustee Aktipis. Trustee Aktipis stated that members of the Finance Committee are present to answer any questions that the Board may have on recommendations made. Don Adler, Chairman of the Citizen's Advisory Finance Committee, stated that remarks made at the September 22 "d meeting about our Firefighters were made by a resident, not a member of the committee. He also stated that the members of the committee do not share the same views as does the resident who made such comments. He further stated that laughter heard on the recording of the September 22 "d meeting were not about the deceased Hinsdale Deputy Chief. Trustee Zannis stated that forming the finance committee is one of the best things the board has done. She also stated that she met with the firefighters and is certain that a resolution to contract negotiations is forthcoming. She also clarified that firefighter salaries start at $52,000 plus benefits that are customary to all other communities. Trustee Aktipis stated that the Board will give feedback and recommend other areas for the committee to look at soon. C. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2010- TC -PK -G -935, AN ORDINANCE AMENDING SECTION 7- 1 -1320 (PARKING FINES) OF CHAPTER 1 (TRAFFIC CODE) OF TITLE 7 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Trustee Saiyed stated that he is not comfortable with raising parking ticket fees since most tickets will be given to shoppers at the Oakbrook Center and ten days to pay is not enough time given for a violator to pay. Chief Sheahan stated that surrounding communities' citation fees are higher that Oak Brook and he suggested raising the fees as a way to generate more revenue and to be comparable to surrounding communities. Trustee Zannis stated that we are not asking for a large amount of money compared to other communities. Trustee Aktipis stated the fees proposed are reasonable. VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF OCTOBER 12, 2010 Trustee Wolin stated that the proposed fees are reasonable but the time frame to pay the citation is not reasonable. Motion by Trustee Aktipis, seconded by Trustee Zannis for passage of Ordinance G -935, an ordinance amending Section 7 -1 -1320 (Parking Fines) of Chapter 1 (Traffic Code) of Title 7 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois as presented with the exception of extending the payment due date to 15 days after date of Issuance. ROLL CALL VOTE: Ayes: 4 — Trustees Aktipis, Carson, Wolin, and Zannis Nays: 1 — Trustee Saiyed Abstain: 0 —None Absent: 2 — President Craig and Trustee Moy Motion carried. 2) ORDINANCE 2010 -FD- EMS -G -937, AN ORDINANCE AMENDING SECTION 3 -2 -5A (DEPARTMENTAL FEES /EMERGENCY MEDICAL SERVICES) OF CHAPTER 2 (FIRE DEPARTMENT) OF TITLE 3 (PUBLIC SAFETY) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK AND INCREASING FEES FOR USE OF ENERGENCY MEDICAL SERVICES PROVIDED BY THE OAK BROOK FIRE DEPARTMENT Presented by Trustee Carson. Trustee Carson asked Chief McEllin to give a briefing. Chief McEllin stated the extra revenue generated will be approximately $90,000 per year. He also stated that the Fire Department conducted a survey of adjacent communities and they have much higher rates for ambulance services than Oak Brook. Motion by Trustee Carson, seconded by Trustee Aktipis to approve Ordinance 2010 -FD- EMS-G- 937, An Ordinance Amending Section 3 -2 -5A (Departmental Fees/ Emergency Medical Services) of Chapter 2 (Fire Department) of Title 3 (Public Safety) of the Village Code of the Village of Oak Brook and Increasing Fees for Use of Emergency Medical Services Provided by the Oak Brook Fire Department. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 2 — President Craig and Trustee Moy Motion carried. D. AWARD OF CONTRACTS 1) WATER PUMP STATION IMPROVEMENTS PROJECT Presented by Trustee Wolin. Trustee Wolin stated that the Village has two primary pumping stations for water and that the pumps and motor controls do not provide smooth transitions when the system demands change quickly and as a result there are periods of VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF OCTOBER 12, 2010 near empty storage tanks. He also stated this project is necessary to eliminate the need for additional elevated storage tanks. Motion by Trustee Wolin, seconded by Trustee Zannis to move that staff be authorized to execute a contract with Meccon Industries for the Water Pump Station Improvements Project in an amount not to exceed $598,700. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Carson, Saiyed, Wolin, and Zannis Nays: 0 —None Abstain: 0 —None Absent: 2 — President Craig and Trustee Moy Motion carried. E. EARLY RETIREMENT INCENTIVE PROGRAM Presented by Trustee Aktipis. Trustee Aktipis stated that the reason for offering the early retirement is to reduce the ongoing costs of Village operations. He also stated that at the last meeting this item was discussed and an estimate of what this would cost the Village in 2011 was requested. The estimated amount was received and is reasonable. Trustee Saiyed stated he would like to see which positions will remain open, which positions will be replaced by part- timers and which positions will be replaced by full - timers. He also stated that he would like the Board to have some control on how the positions are filled. He further stated that he is concerned with the up front costs of offering an early retirement program. Manager Niemeyer stated that the long term benefits will be seen starting in 2012. He also stated that any full -time position has to be approved by the Board and part-time positions are approved through the budget. Discussion ensued Motion by Trustee Aktipis, seconded by Trustee Zannis to establish an early retirement incentive program for employees with the following components: 25% of the employee's salary or health insurance coverage for employee's family for nine months after retirement. Employees must be at least 48 years old with 20 years of service to the Village. ROLL CALL VOTE: Ayes: 4— Trustees Aktipis, Carson, Wolin, and Zannis Nays: 1— Trustee Saiyed Abstain: 0 — None Absent: 2 — President Craig and Trustee Moy Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated that the application due date for disaster assistance has been VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF OCTOBER 12, 2010 extended to November 17`h B. VILLAGE CLERK Clerk Pruss made the following announcements: 1) The Civic Association will be sending out their calendars next week and hopes residents make a $45 donation to cover the costs of the calendars. 2) Early Voting goes through October 28h and Oak Brook residents can go to the Yorktown Strip Mall to vote. 3) There are nine sites for early voting near the Oak Brook area. C. TRUSTEES Trustee Saiyed stated he is very uncomfortable with the decision to raise the parking citation fees. Trustee Carson thanked the Board for allowing him to chair the meeting. D. VILLAGE PRESIDENT- None 12. ADJOURN TO CLOSED MEETING To discuss the purchase or lease of real property for use of the public body, including meetings held for the purpose of discussion whether a particular parcel should be acquired (2c5). Motion by Trustee Zannis, seconded by Trustee Aktipis to discuss the purchase or lease of real property for use of the public body, including meetings held for the purpose of discussion whether a particular parcel should be acquired (2c5). ROLL CALL VOTE: Ayes: 5— Trustees Aktipis, Carson, Saiyed, Wolin, and Zannis Nays: 0— None Abstain: 0 —None Absent: 2 — President Craig and Trustee Moy This meeting was adjourned to Closed Meeting at 9:04 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Zannis to adjourn the Regular Meeting of the Board of Trustees at 9:35 pm. VOICE VOTE: Motion carved. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF OCTOBER 12, 2010