Minutes - 01/22/2013 - Board of TrusteesMINUTES OF THE JANUARY 22, 2013 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
FEBRUARY 12, 2013
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
7:02 p.m. 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; Robert L. Kallien, Jr., Community Development Director; Tom
McEllin, Fire Chief; Sue Madorin, Library Director; James Kruger, Police
Chief; Mike Hullihan, Public Works Director; Trey VanDyke, Sports Core
Director; and Peter Friedman, Village Attorney.
3. PRESIDENT'S OPEN COMMENTS
President Lalmalani stated that Agenda Item 9.A.1., regarding the use of Park District
Lights on Field 1, is removed from the agenda. He stated that there are four ordinances
regulating lighting at the park district and the goal is to combine them all into one and
approve at the next Board meeting.
President Lalmalani stated that the Working Group on District 53 Boundary and Related
Issues met last night. He stated that Timber Trails gave an update on their District 53
annexation petition in front of the state, and ideas and strategies were discussed that
would help other subdivisions who want to annex into District 53.
President Lalmalani stated that the Ad -hoc Residential Enhancement Committee meets
this Thursday at 7 PM to discuss finalizing the Committees proposed goals.
President Lalmalani stated that the annual appreciation/recognition dinner for employees
and volunteers is Friday evening at the B &T.
President Lalmalani asked Trustee Yusuf to provide an update on Dr. Mir Shah's
condition. After attending the Magnificent Mile Lights Festival in Chicago with his
family and while at dinner, Oak Brook resident Dr. Mir Shah was stabbed in the bathroom
at the Grill Restaurant in the Westin Hotel. He was rushed to Northwestern Memorial
VILLAGE OF OAK BROOK MINUTES Page 1 of 16 REGULAR MEETING OF JANUARY 8, 2013
Hospital where he was in serious but stable condition.
Trustee Yusuf stated that Dr. Shah is doing well. He stated that it was a tragic situation
and that the Village's thoughts and prayers are with him and his family.
A. RESOLUTION OF MEMORIAM 2013 -MEM -R -1222 — FRED TURNER
President Lalmalani stated that Mr. Turner was CEO when McDonalds came to Oak
Brook and was instrumental in locating their campus here. His 30 years of contributions
to the McDonalds Corporation was historic and groundbreaking. Mr. Turner recently
passed away and the Village would like to honor Mr. Turner for his contributions to Oak
Brook. Mr. Turner's family was unable to attend the meeting but Mr. Joe Endress
accepted the resolution on behalf of the family. President Lalmalani extended the
Village's deepest sympathies to the Turner family.
Trustee Aktipis stated that he had the fortune to meet Mr. Turner and that he had a close
connection to the Village.
The Resolution was read by Clerk Pruss.
Mr. Joe Endress thanked the Village on behalf of the Turner Family and McDonalds. He
stated that Fred Turner's dream was to have a world class campus in a world class
community.
B. GFOA AWARD
This will be presented at the next Village Board meeting when Finance Director Sharon
Dangles will be in attendance.
4. RESIDENTNISITOR COMMENT
Residents and visitors who signed up to speak will do so during the agenda item.
A. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 8, 2013
Motion by Trustee Manzo, seconded by Trustee Moy to approve the minutes of the
Regular Board of Trustees Meeting of January 8, 2013. 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 January 18, 2013 - $1,595,557.44
Significant Items included in Above:
1) Rathje & Woodward, LLC —Legal Services —November, 2012 - $3,333.33
2) Rathje & Woodward, LLC — Legal Services — December, 2012 - $5,833.33
VILLAGE OF OAK BROOK MINUTES Page 2 of 16 REGULAR MEETING OF JANUARY 8, 2013
(FY12 — YTD - $42,919.42)
3) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services —
December, 2012 - $11,206.69 (FY12 — YTD - $111,139.51)
4) Hervas, Condon & Bersani, P.C. - Legal Services - December, 2012 - $4,392.00
(FY12 — YTD - $26,119.75)
TOTAL LEGAL BILLS PAID FOR 2012 - $452,789.62
5) Vian Construction Company — Payout #7 — 2012 Water Main Project -
$73,390.81
6) DuPage Water Commission - December, 2012 - $202,831.22
B. Approval of Payroll for Pay Period Ending January 5, 2013 - $684,734.44
C. Community Development Referrals — NONE
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Golf Course Maintenance Equipment
2) Golf Course Commodities
3) Fire and Police Testing Services
4) Telephone System
E. Budget Adjustments —NONE
F. Ordinances & Resolutions
1) ORDINANCE 2013 -BD- OBHCVC -G -990, An Ordinance Amending Sections 2-
5-2A and 2 -5 -313 of the Village Code of the Village of Oak Brook Relating to the
Hotel, Convention and Visitors Committee
2) ORDINANCE 2013- SC -EX -G -991, An Ordinance Adopting a Comprehensive
Amendment to Title 12, Entitled, "Recreational Facilities ", of the Village Code of
the Village of Oak Brook, Illinois
3) Resolution 2013- SC- AG -EX -R -1224, A Resolution Approving and Authorizing
the Execution of an Agreement By and Between the Village of Oak Brook and
Eclipse Select Soccer Club, Inc. to Allow the Use of a Sports Core Soccer Fields
4) ORDINANCE 2013- ZO -TA -G -989, An Ordinance Approving Text Amendments
to Prospectively Regulate Cemeteries and Cemetery Structures in the Zoning
Ordinance of the Village of Oak Brook
G. Monthly Treasurer's Report — December 31, 2012
H. 2012 Fourth Quarter Hotel/Motel Tax Receipts
Manager Niemeyer explained the correction to agenda item 6.A. He stated that the annual
SLEP payment is much higher than last year's payment because IMRF assumed that there
were other Oak Brook members contributing to the IMRF SLEP Fund. The actual correct
payment is $74,899.
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Motion by Trustee Manzo, seconded by Trustee Wolin, 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 THE CONSENT AGENDA
Item 6.A.2 - Rathje & Woodward, LLC — Legal Services — December, 2012 - $5,833.33
Trustee Manzo asked Manager Niemeyer why the bill is $2,500 more than the normal
amount. Manager Niemeyer stated that this is because of an appeal of a towing
impoundment.
Motion by Trustee Manzo, seconded by Trustee Moy to approve item 6.A.2.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carried
8. BOARD & COMMISSION RECOMMENDATIONS
A. Murphy — 3324 — Roslyn — Map Amendment
Trustee Moy stated that the heirs of the property located at 3324 Roslyn Road are seeking
approval of a map amendment to change the current zoning of the five (5) acre parcel
from R -1 to R -3.
Community Development Director Kallien stated that in addition, a separate application
has been submitted to the Plan Commission to subdivide the parcel into two (2) lots of
equal size.
Trustee Wolin asked if a potential flooding issue was discussed at the Plan Commission
meeting. Community Development Director Kallien stated that there is a condition which
states that if there is any additional development on the property, the Village's Storm
Water Ordinance will come into play.
Trustee Yusuf stated that his uncle lives in the area and that he has never mentioned
flooding on his property.
Trustee Zannis stated that re- subdividing this property will be an asset to Midwest Chase
and looks forward to seeing news development.
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Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation
from the Plan Commission and Zoning Board of Appeals with regard to the approval of
the requested map amendment for the five (5) acres of land located at 3324 Roslyn Road
from R -1 to R -3 subject to the following condition:
1. Adoption of an ordinance necessary to grant the requested map amendment,
which ordinance the Village Attorney shall by this motion be directed to prepare
for consideration at the February 12, 2013 Board of Trustees meeting. VOICE
VOTE: Motion carried.
B. Senese — Re-Subdivision— 3324 Roslyn Road— Final Plat
Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation
from the Plan Commission to approve the requested final plat of subdivision to divide the
parcel at 3324 Roslyn Road into two (2) equal sized lots subject to the following
conditions:
1. That all of the subdivided lots shall be subject to full storm water compliance in
the event of any future development/redevelopment; and
2. Adoption of a resolution necessary to grant the requested final plat of subdivision,
which resolution the Village Attorney shall by this motion be directed to prepare
for consideration at the February 12, 2013 Board of Trustees meeting. VOICE
VOTE: Motion carried.
9. UNFINISHED BUSINESS
A. Ordinances & Resolutions
1. ORDINANCE 2013- ZO- V -EX -S -1361, An Ordinance Granting an Amendment to
Ordinance S -1084 Regarding the Use of the Lights on Field 1 at 1450 Forest Gate Road in
the Village of Oak Brook — REMOVED
10. ACTIVE BUSINESS
A. Confirmation of Appointments — NONE
B. Ordinances & Resolutions
1. RESOLUTION 2013- LY -PG -R -1225, A Resolution Approving the Waiver of
Competitive Bidding and Authorizing the Purchase of Library Materials from Authorized
Distributors
Trustee Yusuf stated that the Village does not have to conduct the bidding process
because it has already been conducted by other entities.
Motion by Trustee Yusuf, seconded by Trustee Aktipis that the Village Board waive
bidding and issue a purchase orders for books to Baker and Taylor and Brodart, taking
advantage of the cooperative purchasing arrangement negotiated by the Illinois Library
Systems with major book jobbers.
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ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried
Motion by Trustee Yusuf, seconded by Trustee Zannis that the Village Board waive
bidding due to sole source for `library- use - ready" audio books and issue purchase orders
to Recorded Books, Random House, AudioGo, Brodart, Cabreana, and Midwest Tape.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried
Motion by Trustee Yusuf, seconded by Trustee Zannis that the Village Board waive
bidding due to being a preferred provider and issue purchase orders to Midwest Tape and
Brodart for the supply of DVDs and CDs.
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 2013 -SC- GOLF -PG -R -1226, A Resolution Approving the Waiver of
Competitive Bidding and Authorizing the Purchase of Golf Merchandise for Resale
Trustee Yusuf stated that the Oak Brook Golf Club must purchase items for the Pro Shop
in order to resell it.
Trustee Wolin asked Sports Core Director VanDyke to explain how we are getting the
best price available. Sports Core Director VanDyke answered that the Village is
purchasing directly from the manufacturers, who offer the best prices.
Motion by Trustee Yusuf, seconded by Trustee Zannis that the Village Board waive
bidding, and authorize staff to issue purchase orders not to exceed $158,000.00 for the
purchase of golf merchandise for resale and approve the attached resolution.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 — None
Abstain: 0 — None
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Absent: 0 —None
Motion carried
3. RESOLUTION 2013 - GIS- AG -EXl -R -1223, A Resolution Approving the Waiver of
Competitive Bidding and Authorizing the Execution of an Agreement By and Between
the Village of Oak Brook and Ayres Associates, Inc. to Update the Village's Planimetric
Mapping Database
Trustee Zannis stated that this item is an award of contract for aerial mapping services and
that the budget source is the infrastructure fund.
Motion by Trustee Zannis, seconded by Trustee Manzo that the Village Board waive
bidding, since the competitive selection process has already been conducted by the GIS
Consortium, and approve a Professional Service Agreement for 2013 Aerial Mapping
Services with Ayres Associates, Inc., Madison, Wisconsin, in the total amount of $28,789
pending final staff and attorney review.
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. Sports Core Referendum Update — UPDATE ONLY
Trustee Manzo stated that the Working Group had a meeting last week with Village staff
and school officials. He stated that they discussed the potential location of the school east
of the library and parking issues. He also dispelled rumors and stated that the Village will
get, at a minimum, the fair market value for the land. He also stated that the land size
purchase of 8.5 acres is approximately 3% of the Sports Core land. He further stated that
the meeting was very productive and that the goal is to reach an agreement that benefits
all parties involved.
Trustee Wolin stated that he concurs with Trustee Manzo's comments. He also stated that
they discussed bus entrances, road modifications, and expanding the library parking. He
further stated that east of the library is the logical spot to build a school.
Community Development Director Kallien stated that the special use for the library will
have to be amended in order to extend the library parking. The architect therefore moved
the parking. He also stated that the objective of the drawing is to show that a building and
required parking can fit in the 8.5 acres.
Trustee Wolin stated that the changes in the drawing raise the questions of whether a stop
light and road modifications will be needed.
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Trustee Manzo stated that he would rather have more green space than parking spaces and
that he would like to see the library parking expanded. He asked if a traffic officer can
direct traffic during arrival and dismissal rather than installing a stop light. Public Works
Director Hullihan stated that 315` Street is a County road and that the issue needs to be
discussed with them.
Trustee Wolin suggested that the School District get in touch with the County to discuss
what they would consider to be acceptable.
Trustee Manzo also discussed the setbacks and green space.
Manager Niemeyer stated that it may be more cost effective to put a signal light at the
location rather than having a traffic officer. He emphasized that if the referendum passes;
it will go through the entire approval process and can change over time.
Mr. Alan Hanzlik stated that this is a work in progress and that School Board does not
oppose sharing parking with the library. He also stated that it is important to separate the
bus traffic from the parent traffic. He also stated that approximately 60 parking spaces
will be used on a regular basis and that an event in the auditorium can trigger the need for
more parking spaces. He also stated that special events occur typically 10 times a year.
He further stated that the School Board requests that the design allows sufficient space to
add on to the school should annexations occur.
Resident Don Adler asked if the building shown in the drawing is a two or three story
building. Mr. Hanzlik stated that it is a two story building but can potentially go to a three
story building. Resident Adler also asked questions regarding parking.
Manager Niemeyer stated that the School District would like to sell the current school
properties to single family developers and to set aside 1 acre of the Butler School site for
open space. He also discussed the framework for making decisions on how to use school
district money. He further discussed the contents of the Framework and stated that the
goal is to have the Board approve the Framework in February.
Trustee Wolin stated that the assumption should be to keep the money from the sale of
land and to not purchase any more open space in a different area.
Trustee Manzo agrees with Trustee Wolin's comments.
Trustee Aktipis stated that he does not agree with paying off Sports Core debt with
potential School District money. His goal is to make the Sports Core self sufficient.
Manager Niemeyer stated that by paying off the Sports Core debt, the general fund will
have $2.3M for projects that will benefit everyone throughout the Village.
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Trustee Zannis stated that many residents believe that the Sports Core is an amenity and
should be funded by the Village. She also stated that the money should stay in the Sports
Core.
Trustee Manzo stated that having a partnership with the School District will reduce Sports
Core expenditures. He also believes that the Butler Family realized that the Sports Core
property will be difficult to sustain so therefore put a provision that allowed the sale of
some land.
Manager Niemeyer emphasized that the Village is working on a long -term plan to help the
Sports Core.
Trustee Zannis stated that she is an advocate to leave the money in the Sports Core Fund.
D. Risk Management Insurance Premium
Assistant Manager Wing stated that he is recommending that the Board selects a $50,000
deductible for 2013 rather than a $25,000 deductible. He stated that with the higher
deductible the Village will receive greater savings and will offset an IRMA calculation
error. He also requested that the Board direct the Manager to freeze $100,000 of
budgeted capital projects until September 2013 to cover unanticipated expenses that could
occur. He further compared premium amounts over the past few years.
Trustee Moy stated that hopefully no incidents occur and we can recognize the savings.
Trustee Manzo asked how much is the savings is due to our experience compared to
raising the deductible. Assistant Manager Wing stated that the chart in the memo explains
the savings and that the $50,000 deductible is a conservative amount.
Trustee Yusuf stated that he has concerns with this decision and worried that the Village
is taking on extra exposure. He also stated that he would like to stay with the $25,000
deductible.
Trustee Aktipis stated that generally speaking, if you can afford to take the risk, it will
cost you less.
Trustee Moy stated that our experience in the last few years show that we have good
control over Workers Comp and safety issues and can chose the $50,000 deductible.
Motion by Trustee Moy, seconded by Trustee Zannis, to select the $50,000 deductible
option for the 2013 calendar year with the Intergovernmental Risk Management Agency
(IRMA).
ROLL CALL VOTE:
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Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Zannis
Nays: 1 — Trustee Yusuf
Abstain: 0 —None
Absent: 0 —None
Motion carried
E. Legal Bills Committee Report
Trustee Moy stated that in 2012, the Village Board created the Legal Bills Committee to
analyze the Village's legal bills in order to see where costs can be reduced. Members of
the committee include President Lalmalani, Trustees Moy, Manzo, and Yusuf, Manager
Niemeyer, Assistant Village Manager Wing, and a few Oak Brook residents. Trustee
Moy gave a PowerPoint presentation that included the following:
• Ten year legal cost history
• Comparable legal costs of surrounding communities
• Law firms currently being used by the Village
• Reasons to change currently used law firms
• Reasons to retain currently used law firms
• Services to be included in the Request for Proposals (RFP)
Trustee Moy briefly discussed the law firms the Village currently uses:
Rathie & Woodward
• Service — Prosecution (DUIs, Thefts, Towing, etc.)
• Cost - $82/hour - $42,920 for 2012
• Prosecution services should not be included in the RFP
Hervas & Condon .
• Service — Special Counsel for Peterson case
• Cost - $178/hour - $26,120 for 2012
• Special Counsel for the Peterson case should not be included in the RFP
Odelson & Sterk
• Services — Previous General Counsel, Prosecutor, Labor Counsel
• Cost - $185/hour legal, $165 -hour prosecutor, $8,863 for 2012, mainly transition
costs
• Odelson & Sterk services should not be included in the RFP
Sevfarth & Shaw
• Service — Previous Labor Counsel for PEDA (Illinois Public Employee Disability
Act) and PSEBA (Public Safety Employee Benefit Act)
• Cost - $390/hour, $79,951 for 2012
• Pending PEDA and PSEBA handled by Seyfarth & Shaw should not be included
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in the RFP
Ancel & Glink
• Services — Labor Counsel for PEDA, PSEBA, Disability, Workers Comp, Labor
Negotiations, Unfair Labor Practices, Labor Grievances
• Cost - $182/hour, $111,139 for 2012
• Services conducted by Ancel & Glink should be included in the RFP
Holland & Knight
• Retainer Service — $7,500 /month retainer services includes: General Counsel for
Board Meetings, FOIA and Open Meeting Act Issues, Alcohol Licensing Matters,
Municipal and Zoning Codes, Contracts, Ordinances and Resolutions, General
Union and Non -Union Labor Matters, Board of Fire and Police Commission
• Non - Retainer Services — Litigation Matters, Reimbursable Zoning and
Development, Specific Union Labor Disputes, Special Police and Fire
Commission Issues
• Cost — Retainer $90,000 /year — Non - Retainer Average $206/hour, $143,097 for
2012 not including the December 2012 invoice
• The Board to decide if services conducted by Holland & Knight should be
included in the RFP
Resident Harry Peters stated that he was disappointed with the process of the legal bills
committee due to no clear direction or plan of action. He also stated that the Village
should include retainer services, labor services and litigation services in the RFP. He also
stated that IRMA services should be competitively bid as well. He further stated that the
only way to know if the Village is getting a good deal for its constituents is by conducting
the bid process.
Trustee Moy stated that the Village conducted the bid process on services provided by
IRMA and that they provided the best deal for the Village. He also stated that the Village
has learned from past mistakes and all numbers presented tonight come from actual
invoices.
Resident Don Adler stated that he was a member of an ad hoc legal committee in 2005.
He pointed out the Village Ordinance that requires the bidding process to be conducted
for contract in excess of $10,000 and an exception for some professional services. He
believes that attorney fees and services can be competitively bid. He stated that the
Village should consider hiring an in -house Village Attorney rather than an outside law
firm.
Trustee Aktipis discussed previous year's legal fees and efforts to control them. He stated
that the Board made a great decision in hiring Peter Friedman. He also stated that Trustee
Moy made a great presentation. He also stated that legal services cannot be bid out as we
do for commodities. Hourly cost is not the only factor to consider when hiring an
VILLAGE OF OAK BROOK MINUTES Page I I of 16 REGULAR MEETING OF JANUARY 8, 2013
attorney. He further stated that services provided by Holland & Knight should not be
included in the RFP.
Trustee Wolin stated that he supports going out to bid for legal services provided by
Ancel & Glink. He agrees with Trustee Aktipis regarding not seeking proposals for
services provided for by Holland & Knight. He also stated that going with the lowest cost
per hour for legal services is not necessarily in the Village's best interest. He discussed
the significant accomplishments of Holland & Knight such as the S -Curve issue,
Pinstripes and HUB developments, and creative ideas for the SLEP issue. He also stated
that feedback regarding Holland & Knight from staff is very positive. He further stated
that the Village is very fortunate in having Peter Friedman and Holland & Knight.
Trustee Manzo stated that Oak Brook cannot afford to be blinded by relationships and that
the Board must do what is in the best interest of the community. He pointed out a number
of problems he saw with the report presented such as communities used as comparables,
and including attorneys hired to handle special cases. He stated that the positive
experience the Village has had with Rathje & Woodward is due to conducting the bid
process. He supports going out to bid for labor cases and general counsel work. He
stated that the Village should prove to its residents that it is getting the best deal possible.
He also stated that he agrees with Mr. Adler's comments regarding entertaining the idea
of hiring an in -house Village Attorney. He further stated that legal fees are going down
and that the quality of work from Holland & Knight has been solid.
Trustee Yusuf stated that the Village has received good legal advice, has received it in a
timely manner, and that the Village Attorney is competent and knowledgeable. He also
stated that legal services are not fungible services. He also stated that he would not like to
see this process move forward until after the election. He further stated that he does not
have a problem going out to bid for all legal services.
Trustee Zannis stated that she is a critical thinker and has challenged Attorney Friedman
in many instances. She also stated that Peter Friedman has great relationships with all
Board members and questions the motive of potentially replacing him. She also stated
that Peter Friedman has done an outstanding job under difficult circumstances for an
outstanding rate. She further stated that this item should not be delayed, services
performed by Holland & Knight should not be included in the RFP, and that Trustee Moy
presented an outstanding presentation.
Trustee Manzo stated that the recommendation from the report is to not include the
services performed by Holland & Knight in the RFP process but to include the services
performed by Ancel & Glink. He also stated that it troubles him when Trustees lobby so
vehemently for vendors. He feels that it is more important to go out to bid for general
counsel work since that is where most of the Village legal fees stem from. He agrees with
Trustee Yusuf's suggestion of waiting until after the election in conducting the RFP
process.
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Trustee Moy stated that his recommendation is to let the Board decide what services to
include in the RFP process. He also stated that general counsel work was competitively
bid in 2007 and the result was the hiring of Odelson & Sterk and that an informal request
for proposal process was conducted in 2011 which resulted in the retention of Holland &
Knight. He further stated that he does not see the cost savings of hiring an in -house
Village Attorney but can be reviewed in the future.
Resident Don Adler clarified that Dick Martens was not a full -time in -house Village
Attorney and that specialized counsel is needed to handle specialized legal services.
President Lalmalani asked Resident Adler to supply the Board with the previous ad hoc
legal committees report.
Trustee Aktipis stated that a lot of the duties that an in -house Village Attorney performs
are already being performed by Assistant Village Manager Wing. He also stated that he
agrees with Trustee Manzo's comments regarding not letting personal feelings get in the
way of making decisions in the best interest of the residents and community. He also
stated that Peter Friedman has been very objective in the way he relates to the Board
members. He further stated that recently Trustee Manzo has been very unhappy with the
way Peter Friedman has resolved several issues and questioned Trustee Manzo's motives
for including general counsel work in the RFP process.
Trustee Manzo stated he is not unhappy with Peter Friedman but there is one decision that
Trustee Manzo did not agree with. He also stated that Peter Friedman is a fine attomey
and a fine man.
Manager Niemeyer feels that the Village can find a quality firm with a lower rate for labor
legal service, particularly with PSEBA, if the RFP process is conducted.
Motion by Trustee Moy, seconded by Trustee Zannis that the Village Board authorize a
request for proposal for the labor legal services: PEDA, PSEBA, and other disabilities
currently being performed by Ancel & Glink.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried
F. Payment — Sheriff s Law Enforcement Program (SLEP) — UPDATE ONLY
Trustee Yusuf gave a brief update on the Sheahan SLEP issue. He stated that the annual
payment of $74,899 was authorized.
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Attorney Friedman stated that the payment will be accompanied by a letter reserving the
Village's rights pending an appeal. He stated that he filed an appeal on the Village's
behalf and that depositions have taken place. He also stated that the depositions have
been advantage to the Village. He also stated that overturning an IMRF decision is
difficult. He further stated that there are ongoing efforts in seeking legislative relief.
Trustee Zannis stated that this is a good opportunity to make changes in IMRF policies
and procedures for the good of the whole. She also stated that Villages should be notified
of legislative pension changes.
Manager Niemeyer stated that other communities had similar SLEP issues. He also stated
that the Mayors and Managers Legislative Committee has the SLEP issue as one of their
2013 action priorities. He further stated that IMRF is taking on a proactive role by
proposing legislation that requires Police Chiefs to pay the full cost of a transfer to SLEP
from a downstate police pension fund.
President Lalmalani stated that he is optimistic of a legislative change.
Trustee Manzo stated that the Village should be aware of last minute employee contract
changes to avoid similar situations.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER — NONE
B. VILLAGE CLERK
Clerk Pruss reminded everyone of Take Care of Business Day at the Library on
Thursday, January 31" from 10:00 am — 2:00 pm.
Clerk Pruss reminded everyone to register to vote before the April election.
C. TRUSTEES
Trustee Manzo gave a brief summary of the Working Group meeting with the School
District. He emphasized that the Village is very limited on what it can do when it comes
to having one School District in Oak Brook. He further stated that it was a positive
meeting.
President Lalmalani stated that the Working Group is a positive and everyone involved
is now talking to each other.
Trustee Moy stated that the Legal Bills Committee will continue to keep a sharp eye on
legal costs.
Trustee Zannis stated 90 single family homes have sold in Oak Brook in 2012. She also
VILLAGE OF OAK BROOK MINUTES Page 14 of 16 REGULAR MEETING OF JANUARY 8, 2013
stated that a dozen new homes are being built and 300 homes are being remodeled.
Trustee Yusuf reiterated his position regarding Holland & Knight. He clarified that the
comments he made regarding eminent legislation on concealed weapons are his views,
not the views of the Board.
D. VILLAGE ATTORNEY - NONE
E. VILLAGE PRESIDENT
Library Director Madorin mentioned special programs that are being held at the library.
Assistant Manager Wing mentioned WI -FI beta testing taking place in Village buildings.
He also mentioned that Polo dates are being finalized and will be shared at the next
Board meeting.
Public Works Director Hullihan stated that Public Work's crews are out fixing two
water main breaks.
Community Development Director Kallien stated that he will be giving the cemetery
regulations to the owners of the two cemeteries.
12• ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) sale or lease of
property owned by the Village, (2) appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body, (3) collective
negotiating matters, and (4) minutes of meetings lawfully closed under this act matters
pursuant to Section 2c(5), 2c(l), 2c(2), and Section 2c(21) of the Illinois Open Meetings
Act, respectively.
Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn to closed session for the
purpose of discussing (1) sale or lease of property owned by the Village, (2) appointment,
employment, compensation, discipline, performance, or dismissal of specific employees
of the public body, (3) collective negotiating matters, and (4) minutes of meetings
lawfully closed under this act matters pursuant to Section 2c(5), 2c(1), 2c(2), and Section
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 Session at 10:24 pm.
VILLAGE OF OAK BROOK MINUTES Page 15 of 16 REGULAR MEETING OF JANUARY 8, 2013
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Yusuf, to adjourn the Regular Meeting of
the Board of Trustees at 11:29 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK MINUTES Page 16 of 16 REGULAR MEETING OF JANUARY 8, 2013