Minutes - 04/28/2015 - Board of Trustees
MINUTES OF THE APRIL 28, 2015 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON MAY 12, 2015
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
7:00 pm. President Lalmalani informed those present that the Fire Department Honor
Guard would be presenting the colors.
A. Presentation of Colors
The Fire Department Honor Guard presented the colors and the Pledge of Allegiance was
given.
2. SWEARING IN OF FIRE BATTALION CHIEF AND FIRE LIEUTENANT
President Lalmalani requested that Chief Liss and the members of the Board of Fire and
Police Commissioners (BFPC) who were present to step forward with Clerk Pruss.
BFPC Chairman Ed Main made some introductory remarks and provided some
background regarding Battalion Chief Kevin Fleege and Lieutenant John Fagan. BFPC
Commissioners John Pircon and Judy Lucas joined them at the podium. Chairman Main
read the Appointment Orders and Clerk Pruss swore in both of the individuals.
President Lalmalani congratulated Battalion Chief Fleege and Lieutenant Fagan. Fire
Chief Liss exited with fire personnel and visitors.
3. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Michael Manzo
Mark Moy, Gerald Wolin, and Asif Yusuf.
ABSENT: None
IN ATTENDANCE: Village Manager Rick Ginex; Finance Director/Assistant Village
Manager Sharon Dangles; Community Development Director Robert Kallien,
Jr.; Information Technology Director Jim Fox; Fire Chief Barry Liss, Police
Chief James Kruger, Engineering/Public Works Director Mike Hullihan,
Sports Core Director Trey Van Dyke, Village Attorney Ben Schuster.
4. PRESIDENT’S OPENING COMMENTS
A. Proclamation – National Police Week
B. Proclamation – Building Safety Month
Clerk Pruss read both Proclamations.
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President Lalmalani invited residents to get involved with their Village by applying for
appointments with various Village boards or commissions. He stated that applications
could be picked up at Village Hall or an online application could be downloaded from the
website.
President Lalmalani announced that the Village of Oak Brook has once again received the
Distinguished Budget Presentation Award for the current 2015 Budget from the
Government Finance Officers Association. He remarked that this award is the highest form
of recognition in governmental budgeting and represents a significant achievement by the
organization. He presented this award to Sharon Dangles and the Finance Department, and
thanked them on behalf of the Village for their hard work and dedication.
President Lalmalani informed those present that the next Village Board meeting is
scheduled for Tuesday, May 12th, at 7:00 p.m., and will be held at the Bath & Tennis
Clubhouse. He stated that there would be a short business meeting and then the swearing
in of the re-elected and newly-elected Village officials by Judge Ann Jorgensen would
occur, followed by the recognition of Trustee Jerry Wolin for his service to the Village.
He added that Reverend Meyers from Christ Church will deliver the innovation and that
everyone is invited to attend the meeting.
President Lalmalani remarked that he, Village Manager Ginex and Trustee Yusuf will be
spending Wednesday in Springfield. He added that they have appointments to meet with
Senator Lightford, Cullerton and Nybo and Representatives Lilly and Bellock.
President Lalmalani congratulated Trustee Moy on his 40th wedding anniversary.
5. RESIDENT/VISITOR COMMENTS - None
6. APPROVAL OF MINUTES
A. SPECIAL BOARD OF TRUSTEES MEETING OF APRIL 14, 2015
Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the minutes of the Special
Board of Trustees Meeting of April 14, 2015. VOICE VOTE: Motion carried.
B. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 14, 2015
Motion by Trustee Baar, seconded by Trustee Manzo, to approve the minutes of the
Regular Board of Trustees Meeting of April 14, 2015. VOICE VOTE: Motion carried.
7.
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.
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Village Attorney Schuster brought the Board’s attention to Agenda Item 7.D.4., the
resolution approving the Amended Plan of Governance for the Village’s Electricity
Aggregation Program. He stated that, as mentioned in the public hearing, there is one
change made to Section 6 of the Plan of Governance, with newly-revised copies on the
dais for approval. He clarified that it was a small change to clean up some language in the
last paragraph of Section 6 to add consistency regarding the kilowatt hours for those
commercial customers obtaining Village pricing.
A. Accounts Payable for Period Ending - $686,589.89
Significant Items included in Above:
1) Holland & Knight LLP – Legal Services – March, 2015 - $9,315.78
(FY15 – YTD - $45,381.40)
2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services –
March, 2015 - $1,316.25 (FY15 – YTD - $3,986.74)
3) Rathje Woodward, LLC - Legal Services - March, 2015 - $3,333.33 (FY15 – YTD
- $9,999.99)
TOTAL LEGAL BILLS PAID FOR 2015 - YTD - $67,199.88
4) DuPage Water Commission – March 31, 2015 - $398,376.47
5) 2015 First Quarter Hotel/Motel Tax Receipts – 20% of 1% Quarterly Dues – Jan.,
Feb., & March, 2015 - $13,666.98
B. Approval of Payroll for Pay Period Ending April 11, 2015 - $710,575.65
C. Community Development Referrals
1. 2119 Clearwater Drive – Variation - Setback
D. Ordinances & Resolutions
1) RESOLUTION 2015-ENG-ST-IMPROVE-CNTRCT-R-1453, A Resolution
Approving and Authorizing the Execution of a Construction Contract Relating to
the 2015 Street Improvement Project By and Between the Village of Oak Brook
and Central Blacktop Co., Inc.
2) RESOLUTION 2015-ENG-BRIDGE-CNTRCT-R-1452, A Resolution Approving
and Authorizing the Execution of a Construction Contract Relating to the Bridge
Improvement Project By and Between the Village of Oak Brook and Industria, Inc.
3) RESOLUTION 2015-B&T-CNTRCT-R-1451, A Resolution Approving and
Authorizing the Execution of a Contract Relating to the Bath & Tennis Club Wood
Refurbishing Project By and Between the Village of Oak Brook and FGN
Services, LLC
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4) RESOLUTION 2015-ELEC-AGG-POG-R-1455, A Resolution Approving an
Amended Plan of Governance for the Village's Electricity Aggregation Program
5) RESOULTION 2015-ELEC-AGG-AG-R-1456, A Resolution Approving and
Authorizing the Execution of a Power Supply Agreement by and Between the
Village Of Oak Brook and Eligo Energy Il, LLC for the Village's Electricity
Aggregation Program
6) RESOLUTION 2015-SC-AG-R-1450, A Resolution Approving and Authorizing
the Execution of an Agreement By and Between the Village of Oak Brook and
Oak Brook Soccer Club, Inc. to Allow the Use of a Sports Core Soccer Field
7) RESOLUTION 2015-IDOT-ENG-AG-R-1454, Local Agency Agreement for
Federal Participation Regarding the St. Paschal Drive/35th Street TCM Project
8) RESOLUTION 2015-IT-PD-AG-R-1457, A Resolution Approving an
Amendment to the Agreement Between the Village and Municipal Systems, Inc.
E. Reject All Bids for 2015 Fire Dispatch Room Renovations
F. Monthly Treasurer’s Report – March 31, 2015 & Major Fund Financial
Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried.
8. ITEMS REMOVED FROM CONSENT AGENDA - None
9. BOARD & COMMISSION RECOMMENDATIONS
A. LeMeridien Hotel – 2100 Spring Road – Special Use – Outdoor Dining Area Adjacent
to Hotel Restaurant
Motion by Trustee Moy, seconded by Trustee Baar, to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals and approve the request from
Wischermann Partners, Inc., operators of the LeMeridien Hotel for RBP Oak Brook, LLC,
for a special use to operate an outdoor dining area to be located at 2100 Spring Road,
subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the plans as submitted and approved.
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2. The restaurant will be responsible for maintaining and cleaning the outdoor area
and shall comply with all applicable requirements of the DuPage County Health
Department.
3. The outdoor dining area will be operated in accordance with the following rules of
operation:
a. A maximum seating capacity of 36 patrons may be provided in the outdoor
dining area however that number may be increased subject to the approval of
the Village.
b. No live music, dancing or other outdoor entertainment will be permitted in the
outdoor dining area.
c. Allow the service of alcohol without a requirement that food also be served at
the same time.
4. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
5. Add the provision “Notwithstanding the attached exhibits, the applicant shall meet
all Village Ordinance requirements at the time of building permit application
except as specifically varied or waived”; and
6. Adoption of an ordinance necessary to grant the requested special use, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the May 12, 2015 Board of Trustees meeting.
Community Development Director Kallien explained the special use requested and
affirmed that the conditions are consistent with similar outdoor dining areas.
ROLL CALL VOTE:
Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried.
B. 518 Wood Road – Variation
Motion by Trustee Moy, seconded by Trustee Manzo, to concur with the recommendation
from the Zoning Board of Appeals to approve the requested variation to allow the
construction of an addition to an existing single family home at 518 Wood Road to
encroach approximately 12 feet into the required 60-foot rear yard subject to the following
conditions:
1. The proposed development shall be constructed in substantial conformance to the
approved plans as submitted.
2. Add the condition “Notwithstanding the attached exhibits, the applicant shall meet
all Village Ordinance requirements at the time of building permit application
except as specifically varied or waived”; and
3. Adoption of an ordinance necessary to grant the requested variation, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the May 12, 2015 Board of Trustees meeting.
Community Development Director Kallien explained the variation requested regarding the
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lot being undersized for the zoning. Community Development Director Kallien replied to
an inquiry regarding lot shrinkage that the majority of the variations being requested are
for lots which were created many years ago, and in this case, the lot was created before
Oak Brook was incorporated. He stressed that the Zoning Board reviews each request very
carefully and looks at the unique circumstances of each one.
ROLL CALL VOTE:
Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried.
C. 55 Breakenridge Farm – Variation
Trustee Moy moved, seconded by Trustee Baar, to concur with the recommendation from
the Zoning Board of Appeals to approve the requested variation to allow the construction
of an addition to an existing single family home at 55 Breakenridge Farm that encroaches
approximately 18.2 feet into the required rear yard and will be approximately 32.2 feet in
length into the required 100-foot rear yard subject to the following conditions:
1. The proposed development shall be constructed in substantial conformance to the
approved plans as submitted.
2. Add the condition “Notwithstanding the attached exhibits, the applicant shall meet
all Village Ordinance requirements at the time of building permit application
except as specifically varied or waived”; and
3. Adoption of an ordinance necessary to grant the requested variation, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the May 12, 2015 Board of Trustees meeting.
Community Development Director Kallien explained the variation requested and stated
that it is a two-acre lot which is somewhat unique in that it is bounded on three sides by
roadways. He stated that there have been no objections from surrounding property owners
to the variation requested.
ROLL CALL VOTE:
Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried.
10. ACTIVE BUSINESS
A. Confirmation of Appointments
1) Various Boards and Commissions (Listed Below)
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• Board of Fire and Police Commissioners – John Pircon
• Library Commission – Anthony DiCanio and Roberta Petz
• Plan Commission – Tom Doyle and Raju Iyer
• Police Pension Fund Board – Hitesh Patel
• Firefighters Pension Fund Board – Timothy Schlindwein
President Lalmalani requested a motion for approval of the reappointment of John Pircon
to the Board of Fire and Police Commissioners, Anthony DiCanio and Roberta Petz to the
Library Commission, Tom Doyle and Raju Iyer to the Plan Commission, Hitesh Patel to
the Police Pension Fund Board and Timothy Schlindwein to the Firefighters Pension Fund
Board. Short discussion ensued regarding deferring this agenda item until the new Board
is sworn in.
Motion by Trustee Wolin, seconded by Trustee Moy, to approve the reappointment of all
of these individuals.
Motion by Trustee Manzo, seconded by Trustee Yusuf, to defer any confirmation of
appointments until the swearing in of the new Board. Discussion ensued regarding this
matter. It was affirmed that no new applications have been received for these board and
commission appointments. President Lalmalani stated that he waited until the election was
over to consider these reappointments and that the current Board is familiar with these
individuals. Trustees Manzo and Yusuf expressed that it would be preferable to wait until
Trustee-Elect Tiesenga is sworn in. Discussion ensued regarding the application process
and it was affirmed that previous applications received are kept on file.
Regarding the Motion to Defer confirmation of the reappointments:
VOICE VOTE: Motion failed – 4 votes to 2.
Regarding the Motion for Approval of confirmation of the reappointments:
ROLL CALL VOTE:
Ayes: 4 – Trustees Adler, Baar, Moy, Wolin
Nays: 2 – Trustees Manzo, Yusuf
Abstain: 0 – None
Absent: 0 – None
Motion carried – 4 votes to 2.
B. Interim Financial Update
Trustee Adler discussed that a financial update had been prepared regarding First Quarter
2015. Finance Director/Assistant Village Manager Dangles showed a detailed PowerPoint
Presentation regarding same, with particular attention to the four major funds: General,
Infrastructure, Water and Sports Core. She stated that as of March 31, 2015, the Village
had a total of $29.9 million in cash and investments and the General Fund cash reserve
balance remains strong at $13.3 million, which is currently $3.2 million above the six
month cash reserve requirement. She stated that Village Manager Ginex will be leading a
Strategic Planning Session in May for the upcoming 2016 Budget. She announced that
Oak Brook residents are invited to enter the “Budget Cover Contest” with an artwork
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submission deadline of August 31, 2015. Discussion ensued regarding a future possible
50% cut in the Local Government Distributive Fund and other cuts/sweeps in grant funds.
The “Cash & Investments” slide was reviewed and discussed.
C. 25 Year Pension Projection – Presented by Foster & Foster
Trustee Adler discussed that Mr. Jason Franken of Foster & Foster had prepared a pension
expenditures projection. Mr. Franken stated that they were asked to do a 25-year model
for the police and fire pension funds, but that in the process, he discovered the value of
extending the period to 35 years. He focused on the police fund and stated that the results
of the two funds are very similar and added that as time goes on, the number of actives
stays the same, but that retiring Tier I employees are shown as being replaced by Tier II
employees. He discussed the 100% funding level required in 2040 and how the
contribution level is affected, as well as the effect of investment income. Mr. Franken then
explained using the RP2014 mortality table and the impact on contributions. He remarked
how the issuance of a $20 million bond would get the funding to over 100% immediately
and lower the contribution to $500,00, but stressed that this was not his recommendation.
Questions and lengthy discussion ensued.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Village Manager Ginex informed the Board that a number of the staff would be attending
the Holland & Knight seminar on May 1st. He also stated that he would be meeting with
staff regarding the Strategic Planning Process and then setting up a Saturday in mid-June
to go through the process with the Board. In response to an inquiry regarding concern
about the membership dues for two commercial residents to the Chamber, Village
Manager Ginex replied that there is no fee increase, just that there had been a discount
due to a prior partnership with the Village, and now the discounted rate does not apply.
B. VILLAGE CLERK
Village Clerk Pruss had no comments.
C. TRUSTEES
Trustee Moy thanked President Lalmalani for the best wishes on his wedding anniversary.
Trustee Yusuf remarked on a baseless public safety concern raised during the campaign.
D. VILLAGE ATTORNEY
Village Attorney Schuster had no comments.
E. VILLAGE PRESIDENT
There were no comments from staff.
11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of
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meetings lawfully closed under this act, (2) collective negotiating matters, (3) security
procedures, and (4) litigation matter, pursuant to 2c(21), 2c(2), 2c(8) and 2c(11) of the
Illinois Open Meetings Act, respectively.
Motion by Trustee Baar, seconded by Trustee Wolin, to adjourn to closed meeting at 8:57
p.m.
ROLL CALL VOTE:
Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: 0 – None
Abstain: 0 – None
Absent: 0 – None
Motion carried.
12. RECONVENE – The closed meeting was adjourned and reconvened to open meeting at
10:27 p.m.
13. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Wolin, to adjourn the Regular Meeting of
the Board of Trustees at 10:27 pm. VOICE VOTE: Motion carried. President Lalmalani
stated that there would be no closed session.
ATTEST:
/s/Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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