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Minutes - 11/11/2008 - Board of TrusteesMINUTES OF THE NOVEMBER 11, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON APRIL 14, 2009. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:31 p.m. 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 James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: None. 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; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director, Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. 3. PRESIDENT'S OPENING COMMENTS President Craig acknowledged Veteran's Day. He also welcomed the new Barnes & Noble store that just opened in Oak Brook. He announced a Town Hall meeting scheduled for November 17 at the Bath & Tennis Clubhouse at 7:00 p.m. to afford residents the opportunity for input into a strategic plan that would establish a vision for the Village over the next two to five years. He encouraged participation. He also indicated that residents could also participate online at the Village's website. President Craig announced that Lieutenant Jason Cates and Officer Michael Kozlowski received an outstanding commendation award for the American Police Hall of Fame from McDonald's Corporation for their efforts toward strengthening a stronger relationship between the Police Department and McDonald's Corporation. VILLAGE OF OAK BROOK Minutes Page 1 of 13 REGULAR MEETING OF NOVEMBER 11 , 2008 4. RESIDENT /VISITOR COMMENT Applicants representing Time Square Cafe would like to address concerns when the topic is addressed in the Agenda. 5. APPROVAL OF MINUTES A. Regular Board of Trustees Meeting of May 27, 2008 B. Special Board of Trustees Meeting of June 3, 2008 C. Special Board of Trustees Meeting of June 10, 2008 D. Regular Board of Trustees Meeting of June 10, 2008 E. Special Board of Trustees Meeting of June 19, 2008 F. Regular Board of Trustees Meeting of June 24, 2008 G. Special Board of Trustees Meeting of June 30, 2008 H. Special Board of Trustees Meeting of July 1 , 2008 I. Special Board of Trustees Meeting of July 2, 2008 J. Regular Board of Trustees Meeting of July 8, 2008 Trustee Kennedy provided Clerk Pruss with scrivener's errors which will be corrected. Motion by Trustee Sanford, seconded by Trustee Kennedy, to approve the Minutes of the Board of Trustees Meetings of the Regular Meeting of May 27, 2008; the Special Meeting of June 3, 2008; the Special Meeting of June 10, 2008; the Regular Meeting of June 10, 2008; the Special Meeting of June 19, 2008; the Regular Meeting of June 24, 2008; the Special Meeting of June 30, 2008; the Special Meeting of July 1, 2008; the Special Meeting of July 2, 2008 and the Regular Meeting of July 8, 2008. 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. VILLAGE OF OAK BROOK Minutes Page 2 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 6. A. ACCOUNTS PAYABLE FOR PERIOD ENDING NOVEMBER 7, 2008 - $1,008,417.39 SIGNIFICANT ITEMS INCLUDED IN ABOVE: 1) A. Lamp Concrete Contractors — Payout #1 — 2008 Water Main Project - $149,355.00 2) Prime Construction — Payout #1 - 2008 Drainage Project — Part A — White Oak Lane - $20,162.25 3) Hitchcock Design Group Payout 411— 22nd Street Improvement Project - $24,778.17 4) Hervas, Condon & Bersani, P.C. — Legal Services — - September, 2008 - $2,935.80 5) Seyfarth Shaw, LLP — Legal Services — September, 2008 - $29,448.67 6) Odelson, Sterk - October, 2008 Services - $39,413.62 7) Odelson, Sterk - Mucha Matter - October, 2008 Services - $231 25 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING NOVEMBER 1, 2008 - $731,513.93 C. COMMUNITY DEVELOPMENT REFERRALS 1) MCDONALD' S — 2111 MIDWEST ROAD — TEXT AMENDMENT, SPECIAL USES AND VARIATIONS McDonald's USA, LLC, the owner of the property at 2111 Midwest Road plans to demolish the existing restaurant and replace it with a new restaurant and would make a number of much needed site improvements including stormwater detention and provide cross access with the adjacent Chase Bank. In order to accomplish this project, the applicant has submitted a petition seeking approval of a two special uses (drive -thru and outdoor dining), variations (signage, number of parking spaces and landscaping) and a text amendment to permit the construction of an off - premises sign in conjunction with a similar request being submitted by the Chase Bank. The requested action was to refer the request for the special uses and text amendment to the Plan Commission for review at its November 17, 2008 meeting and to the Zoning Board of Appeals for public hearing at its December 2, 2008 meeting. In addition, referral of the request for the variations to the Zoning Board of Appeals for public hearing at its December 2, 2008 meeting was requested. 2) J. P. MORGAN CHASE — 2122 22ND STREET — TEXT AMENDMENT - VARIATION VILLAGE OF OAK BROOK Minutes Page 3 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 6. C. 2) JP Morgan Chase, N.A., the owner of the property at 2122 22nd Street is seeking approval of a variation to permit the construction of a ground sign on a property less than three acres and a text amendment to permit the construction of an off - premises sign in conjunction with the planned construction of a new McDonald's restaurant on an adjacent property. The requested action was to refer the request for a text amendment to the Plan Commission for review at its November 17, 2008 meeting and to the Zoning Board of Appeals for public hearing at its December 2, 2008 meeting and to refer the request for the variation to the Zoning Board of Appeals for public hearing at its December 2, 2008 meeting. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented. E. BUDGET ADJUSTMENTS 1) Public Works — Overtime and Training F. RESOLUTION R -1030, A RESOLUTION ESTABLISHING AN AD HOC COMMITTEE FOR THE PURPOSE OF PLANNING AND COORDINATING THE 2009 OAK BROOK AUTUMN FESTIVAL The Village Attorney had been directed to prepare the a Resolution which establishes an ad hoc committee for the purpose of planning and coordinating the 2009 Oak Brook Autumn Festival. The requested action was for passage of Resolution R -1030, A Resolution Establishing an Ad Hoc Committee for the Purpose of Planning and Coordinating the 2009 Oak Brook Autumn Festival. G. DANA PARK EXTENSION OF RESUBDIVISION The Village Board approved Resolution R -1009 at its' meeting of February 26, 2008 approving the Dana Park Resubdivision subject to certain conditions. One of those conditions was that the subdivider shall submit to the Village within six months the plat and all other documentation required. The six month referenced date was August 26, 2008. The developer has requested an extension to June 30, 2009. The requested action was that the Village Board approve a time extension to June 30, 2009 for the developer to submit to the Village the plat and all other documentation required. VILLAGE OF OAK BROOK Minutes Page 4 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 6. Trustee Saiyed asked that item 6.H. be removed from the Consent Agenda. Trustee Sanford asked that item 6.I. be removed from the Consent Agenda. Trustee Kennedy commented on the referrals suggesting that staff, the Plan Commission and the Zoning Board of Appeals take into serious consideration the kinds of traffic safety issues that will be arising similar to the concerns for the Time Square Caf6 before it is presented to the Board of Trustees Trustee Saiyed commented on legal bills and the fact that the average legal bills have been running approximately $50,000 per month. He felt that they should be looked into. He also requested information regarding the revenue from DUI prosecution. Chief Sheahan offered that the fines for DUI's have a lag time of almost a year before the Village sees the revenue from levied fines. Attorney Sterk offered that it is considerably less expensive to prosecute DUI's at the local level than at the State level. He also offered that the major cost of legal bills was the litigation that had been around for several years. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA 6 H. WAIVER OF FEES — HUNTER TRAILS COMMUNITY ASSOCIATION Trustee Saiyed wished to recuse himself from this vote due to the fact that he resides in Hunter Trails. Community Development has received a request from Dennis Brugh, Oak & Dale Properties, and Property Management for Hunter Trails Community Association to consider waiver of permit fees associated with proposed renovation of the front entrance of Hunter Trails. In the past, the Village has received and approved requests for waiver of fees from entities such as the Midwest Club Homeowners Association, the Oak Brook Club, Christ Church of Oak Brook, and Oak Brook Park District. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities and charitable organizations. VILLAGE OF OAK BROOK Minutes Page 5 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 7. 6. I. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the waiver of the required permit fees as requested by the Hunter Trails Community Association. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Sanford and Wolin. Nays: 0 - None. Recuse: 1 - Trustee Saiyed Absent: 0 - None. Motion carried. 6. I. WAIVER OF FEES — BROOK FOREST COMMUNITY ASSOCIATION Trustee Sanford wished to recuse himself from this vote due to the fact that he resides in Brook Forest. The Community Development Department has received a request from Dennis Brugh, Oak & Dale Properties, Property Management for Brook Forest Community Association to consider waiver of permit fees associated with proposed relocation for the electric at the front entrance on Regent Drive. In the past, the Village has received and approved requests for waiver of fees from entities such as the Midwest Club Homeowners Association, the Oak Brook Club, Christ Church of Oak Brook, and Oak Brook Park District. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities and charitable organizations. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. Motion by Trustee Kennedy, seconded by Trustee Wolin, to approve the waiver of the required permit fees as requested by the Brook Forest Community Association. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 6 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 7. Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. 6. I. Nays: 0 - None. Abstain: 1 - Trustee Sanford Absent: 0 - None. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. TIME SQUARE PROPERTIES — SPECIAL USES At the October 28, 2008 meeting, the Village Board received the recommendations from the Plan Commission and Zoning Board of Appeals on several petitions (special uses and variations) that are required to facilitate the development of the Time Square Cafe located at 2121 Butterfield Road. After considerable discussion, the Village Board recommended approval of the three variations for the site (reduction in the number of parking spaces, ground sign and reduction in the landscaped setback) and directed that the Village Attorney prepare the necessary ordinance. Regarding the special uses, the Board received information from the City of Oakbrook Terrace relative to traffic issues and turning movements from the proposed Time Square Cafe project. In response, the Board continued final action on the special uses in order to obtain additional information and analysis from the Village relative to traffic data and turning movements to and from Butterfield and Midwest Roads. Comments were made to seek out input from another traffic engineer. As a result, Village Manager Niemeyer consulted with Village Engineer Durfey, Public Works Director Hullihan and Community Development Director Kallien to discuss next steps. Because both the Village Engineer and Public Works Director are licensed professional engineers in the State of Illinois and combined, have many years of municipal experience, it was determined that they would analyze the existing site and traffic conditions and make a recommendation on steps that should be taken by the Village Board as part of their final deliberations on the special use requests for the Time Square The Village's Engineer's have determined that current Time Square Cafe accesses on Midwest and Butterfield Roads be allowed to function without restriction. However, after six months of receiving occupancy, additional measures (turning restrictions and /or install physical barriers) may be required if accident levels increase or traffic hazards exist as a result of traffic movements to and from this development. Those potential improvements should be secured by cash or a letter of credit. As a result, this language would need to be part of the final recommendation for the special uses and included in the final ordinance. It should be also noted that any left turn restrictions on Midwest Road would have to receive DuPage County approval. VILLAGE OF OAK BROOK Minutes Page 7 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 8. A. Staff also received additional information from the applicant's traffic engineer which addressed concerns raised at the October 28, 2008 Board meeting. Staff recommended approval of the special uses subject to conditions. Also, since the requested special uses and variations for Time Square Cafe relate to one another, Staff recommended that final action on the ordinance approving the three variations be placed on the agenda that also contains the ordinance for the two special uses. Mr. Peter Savenok of Time Square Cafe addressed the Board regarding the traffic study. He introduced the traffic engineer representing Time Square Cafe, Mr. Daniel Brinkman. Mr. Brinkman commented that he did not believe there would be more than eight vehicles through the drive - through at one time since it was a small operation not a national chain. He asked that the six month trial period should be based on the completion of roadwork on Midwest Road. He offered to answer any questions. Trustees Manofsky and Wolin expressed concerns regarding the size of the location regarding parking and traffic. Trustee Wolin also had concerns regarding parking and wished to amend the motion to address concerns of neighboring locations. The amendment was not seconded. Village Engineer Durfey responded to a question from Trustee Sanford indicating that the completion of Midwest Road should be about the same time of occupancy. Trustees Wolin and Kennedy also expressed concern about the left turn exits, but would defer to the Village Engineers' opinion. Motion by Trustee Sanford, seconded by Trustee Saiyed, based on the additional traffic information received, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special uses for outdoor dining and a drive -thru lane at the Time Square Cafe located at 2121 Butterfield Road subject to the following conditions: a. The outdoor dining area is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 37 of the case file; b. The drive thru lane is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 39 of the case file; c. The existing Midwest Road and Butterfield Road accesses can remain full accesses. However after six months of receiving occupancy and the completion of Midwest Road construction whichever is later, and it is found that accident levels increase as a result of traffic movements to and from this development, the Village Engineer may require additional safety measures be taken, which may include turning restrictions and /or installation of physical barriers and that those potential improvements should be secured by cash or a letter of credit; and VILLAGE OF OAK BROOK Minutes Page 8 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 8.A. d. Not withstanding the exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived; and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the November 25, 2008 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Saiyed and Sanford. Nays: 2 - Trustees Manofsky and Wolin Absent: 0 - None. Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -874, AN ORDINANCE AN ORDINANCE AMENDING TITLE 4 (BUSINESS AND LICENSE REGULATIONS), CHAPTER 1 (LIQUOR CONTROL), SECTION 15 (CONDITIONS OF LICENSE) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO PERMITTED HOURS FOR SALE AND CONSUMPTION The Village Board discussed allowing liquor establishments in Oak Brook to increase the permitted hours for sale and consumption of alcohol on Friday nights from 1:00 am to 2:00 am, similar to Saturday hours. This request was made from A1- Di -La. Trustee Sanford talked with the Chamber and reported that the Chamber did not believe that there was any significant demand for this additional hour on Fridays from local establishments. Recently, a similar request from The Grotto was received. The Village President, who is also the Liquor Commissioner, is requesting that the board consider changing the code to allow all liquor license holders to be open until 2:00 am on Friday evenings. The Police Chief does not anticipate any problems with this change. President Craig was also requesting that the Village Board consider charging an additional $500 annual fee for the privilege of getting this new license. The management of Grotto was aware of this proposed fee and was willing to pay the fee if granted the additional hour on Friday evenings. Motion by Trustee Manofsky, seconded by Trustee Kennedy, for passage of Ordinance G -874, An Ordinance Amending Title 4 (Business and License Regulations), Chapter 1 (Liquor Control), Section 15 (Conditions of License) of the Village Code of the Village of Oak Brook Relative to Permitted Hours for Sale and Consumption. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes Page 9 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 9. B. 1) Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS 1) 22ND STREET LANDSCAPE IMPROVEMENTS — SPRING ROAD TO SALT CREEK Hitchcock Design Group has presented a proposal for design and engineering services for the 22nd Street Landscape Improvements, Spring Road to Salt Creek. This is for design of median landscape services for the tollway bridge project. The source of funds will be hotel /motel tax revenues. Trustee Saiyed expressed a concern regarding the exit off of Eastbound I -88 onto Midwest Road and wondered why the Tollway Authority did not have an exit off of Route 83. Village Engineer Durfey explained that there was a logistical problem due to an 82 foot right of way owned by the gas company with a 42" gas main in the ground at that point. Trustee Saiyed also expressed concern that hotel /motel taxes were being used for beautification, but that in the current economy the hotels also needed additional funds for marketing to improve their business. Trustee Manfosky indicated that they were meeting to discuss that issue. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Hitchcock Design Group Proposal - 22nd Street Landscape Improvements, Spring Road to Salt Creek. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 10 NEW BUSINESS A CONFIRMATION OF APPOINTMENTS — None presented B ORDINANCES & RESOLUTIONS 1) RESOLUTION R -1029, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT FOR A HISTORICAL MUSEUM AT BUTLER SCHOOL VILLAGE OF OAK BROOK Minutes Page 10 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 10. B. 1) In 2004, the Village of Oak Brook and the Oak Brook Park District approved an intergovernmental agreement for a historical museum at the old Butler School. The Park District's, role in the current agreement is to construct and maintain interior improvements to the building for use as a museum; operate programs and activities in the museum and to provide liability insurance for the operations of the museum. The agreement was a 20 year commitment for both sides with no opt out clause. However, about a year or so ago, park district officials approached the Village and asked to renegotiate this agreement as they were no longer able to undertake the commitments they made in this agreement. The new proposed agreement calls for the historical society and the Village to take over many of the obligations of the Park District in regards to the school and the museum. The Park District's remaining obligations would be to contribute $10,000 annually for five years for physical improvements to the school and to permit the use of the District's grant writers to help obtain grants for the museum. The previous agreement is rendered null and void. As is outlined in the agreement, the next step is for the village to enter into a lease with the Historical Society to determine their respective responsibilities for the museum. Trustee Saiyed amended the agreement to include "the Historical Society" in the 13th clause regarding rights, title or interest. Trustee Kennedy also asked that within the 4th clause the Historical Society be removed from the grant writer issue. Motion by Trustee Saiyed, seconded by Trustee , for passage of Resolution R -1029, A Resolution Approving An Intergovernmental Agreement Between The Village Of Oak Brook And The Oak Brook Park District For A Historical Museum At Old Butler School as amended. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried C AWARD OF CONTRACTS — None presented. D DISCUSSION — ADMINISTRATIVE HEARINGS & IMPOUNDMENT OF VEHICLES USED IN CONNECTION WITH ILLEGAL ACTIVITIES The Village of Oak Brook Police Department has researched several municipalities' Administrative Hearing /Towing proposals. The tow of Wood Dale has the most effective and efficient program. Oak Brook would pattern their program after Wood Dales. We believe the program would give us another tool in helping protect the public health, safety and welfare of our community VILLAGE OF OAK BROOK Minutes Page 11 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 10. D. Wood Dale's program has four major components: 1) Vehicles towed are used in connection with illegal activities example, DUI, Driving While License is Revoked /Suspended, vehicles used in commission of crimes, violations of the Cannabis control act, among other offenses. 2) Violators can pay the administrative fee of $500 by cash, money order, or through a company called "General Payment System" or similar company. Violators can schedule a hearing to appeal the vehicle impoundment. 3) Hearings are once a month and presided by an Administrative Hearing Officer approved by the Village Manager and the Board of Trustees. The Village attorney represents the Village. Costs to Wood Dale per year are approximately $15,000. 4) Revenues collected are placed in the General Fund. Wood Dale's revenue per year is approximately $170,000. Research into 2006 and 2007 Oak Brook Police records indicated an average of 429 offenders per year which would result in potential fees in excess of $200,000. However, considering the substantial reduction due to the current state of the economy, the police department anticipated revenues of approximately $150,000 less operating costs of $15,000 for a total revenue of $135,000. The Police Department was looking for the Board's input, discussion and direction for this initiative. The Village Attorney has prepared a draft ordinance for review. Trustees expressed concern regarding overzealous enforcement of this ordinance. They recommended that the ordinance be enforced based on discretion and prudence of the police officer. Motion by Trustee Saiyed, Seconded by Trustee Manofsky, that the Village Manager Place the Ordinance Providing for the Impoundment of Motor Vehicles Used in Connection With Illegal Activites on the November 25`h Board Agenda. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT - President Craig reported that the successful Dinner Dance held was the completion of the fiftieth anniversary of the Village. VILLAGE OF OAK BROOK Minutes Page 12 of 13 REGULAR MEETING OF NOVEMBER 11, 2008 11. B. VILLAGE MANAGER — Manager Niemeyer announced that the Village was nearing the end of the 2009 budget process and he commended staff for their contribution to bringing forth a near balanced budget He reported that he had a discussion with Mr. Fleming of the Oakbrook Center who indicated that the mall was alive and doing very well. C. VILLAGE CLERK — Clerk Pruss reported the end of the Wednesday Buffets. She also provided information regarding Candidate Packets for the 2009 Municipal Elections. 12. ADJOURN TO CLOSED MEETING Motion by Trustee Kennedy, seconded by Trustee Carson, to 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 (2c 11). ROLL CALL VOTE: Ayes- 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent- 0 - None. Motion carried. The meeting was adjourned to Closed Meeting at 9:11 p.m. 13. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Carson, to adjourn the Regular Meeting of the Board of Trustees at 10:07 p m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 13 of 13 REGULAR MEETING OF NOVEMBER 11, 2008