Minutes - 02/12/2013 - Board of TrusteesMINUTES OF THE FEBRUARY 12, 2013 REGULAR MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
FEBRUARY 26, 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
7:03 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; Jim Bosma, Civil Engineer II; Trey VanDyke, Sports Core Director;
and Peter Friedman, Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
A. Resolution of Appreciation— Inland Real Estate
The Resolution was read by Clerk Pruss.
Motion by Trustee Wolin, seconded by Trustee Manzo to approve Resolution of
Appreciation R -1230. VOICE VOTE: Motion carried.
President Lalmalani thanked Inland Real Estate for the donations to both the Police and
Fire Departments. This year Inland donated $500.00 per department.
Mr. Dan Wagner from Inland Real Estate accepted the Resolution of Appreciation and
thanked the Village for the honor.
B. Resolution of Appreciation — Congresswoman Judy Biggert
The Resolution was read by Clerk Pruss.
Motion by Trustee Aktipis, seconded by Trustee Moy to approve Resolution of
Appreciation R -1227. VOICE VOTE: Motion carried.
Former Congresswoman Judy Biggert accepted the Resolution of Appreciation and
thanked the Village for the honor.
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C. Resolution of Appreciation — State Representative Chris Nybo
The Resolution was read by Clerk Pruss.
Motion by Trustee Zannis, seconded by Trustee Yusuf to approve Resolution of
Appreciation R -1228. VOICE VOTE: Motion carried.
Former State Representative Chris Nybo accepted the Resolution of Appreciation and
thanked the Village for the honor.
D. GFOA Award
President Lalmalani stated that the Government Finance Officers Association of the
United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence
in Financial Reporting to the Village of Oak Brook for its comprehensive annual financial
report for the fiscal year ended December 31, 2011. He stated that this was the 32 "d
consecutive year that the Village has received this prestigious award. He presented the
award to Finance Director, Sharon Dangles and congratulated her and the finance
department for the excellent work they do.
President Lalmalani wished Oak Brook residents of the Chinese decent a Happy New
Year.
President Lalmalani stated that Molina Healthcare announced plans to occupy 30,000
square feet at the end of Kensington Road that will create 150 new jobs.
President Lalmalani announced that the Village will receive an Illinois Transportation
Enhancement Program (ITEP) grant for $849,800 for streetscape improvements from Salt
Creek to I -294. He stated that this is a very competitive grant process and the second
successful ITEP application for the Village. He thanked Representative Patti Bellock and
Senator Kirk Dillard for their help and support with this grant.
President Lalmalani welcomed Jim Bosma, an Engineer with our engineering department,
who is attending the meeting tonight in place of Public Works Director Hullihan. He also
welcomed Attorney Ben Schuster from Holland & Knight.
4. RESIDENT/VISITORCOMMENT
Resident Mark Karambelas wished everyone a happy new year, and thanked the Village
Board and staff for all their hard work.
Resident Harry Peters clarified statements he made at the previous Board meeting and
reiterated that the Village should conduct the request for proposal process for general
legal services.
Other residents and visitors who signed up to speak will do so during the agenda item.
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5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 22, 2013
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the
Regular Board of Trustees Meeting of January 22, 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 February 8, 2013 - $803,474.19
Significant Items included in Above:
1) Holland & Knight LLP — Legal Services — December, 2012 - $15,586.64
(FYI 2 — YTD - $211,878.28)
TOTAL LEGAL BILLS PAID FOR 2012 - $456,956.94
2) Greater Oak Brook Chamber of Commerce — 2013 Village Grant — Experience
Oak Brook & Greater Oak Brook Partnership - $57,500.00
B. Approval of Payroll for Pay Period Ending January 5, 2013 - $684,734.44
1) Pay Period Ending January 19, 2013 - $648,024.85
2) Pay Period Ending February 2, 2013 - $643,274.57
C. Community Development Referrals
1) SFERS Real Estate Corp. K — 1211 - 1225 -1301 22nd Street — Variation — Parking
Regulations
2) MTL Insurance Company — 1200 Jorie Blvd. — Variation — Parking Regulations
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Pyrotechnics
2) Administrative Adjudication Hearing Officer
3) Gun Range Improvement & Bullet Trap Replacement
E. Budget Adjustments —NONE
F. Ordinances & Resolutions
1) Resolution 2013 - TREE- AG -EX -R -1232, A Resolution Approving and
Authorizing the Execution of an Agreement for Tree Pruning Services
2) ORDINANCE 2013 -PP -S -1363, An Ordinance Authorizing the Sale, Donation or
Disposal of Certain Items of Personal Property Owned by the Village of Oak
Brook
3) ORDINANCE 2013- ZO- MA -EX -S -1362, An Ordinance Rezoning and Granting a
Map Amendment on a Parcel of Approximately 5 Acres Located at 3324 Roslyn
Road in the Village of Oak Brook, Illinois
4) RESOLUTION 2013- SR- FP -EX -R -1229, A Resolution Approving the Final Plat
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for the Senese Resubdivision in the Village of Oak Brook, Illinois
5) RESOLUTION 2013- ENG -AG- BSLMUSEUM -EX -R -1231, A Resolution
Approving an Agreement By and Between the Village and Charles Pipal, A.I.A.
for Architecture and Project Management Services for the Oak Brook Heritage
Center Drainage Improvement Project
6) Ordinance 2013 -WA- WELL -EX -G -992, An Ordinance Amending Section 5
(Prohibited Acts Or Conditions) of Chapter 2 (Village Water System) of Title 8
(Public Works) of the Village Code to Prohibit the Use of Groundwater as a
Potable Water Supply in Designated Areas of the Village Of Oak Brook, Illinois
G. Sports Core Loan
Motion by Trustee Wolin, seconded by Trustee Manzo, 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 — NONE
8. BOARD & COMMISSION RECOMMENDATIONS — NONE
9. UNFINISHED BUSINESS
A. Ordinances & Resolutions
1. ORDINANCE 2013 - FEMA- GR- AG -EX -R -1233, A Resolution Approving a Grant
Agreement By and Between the Village and the Illinois Emergency Management Agency
to Enable the Purchase of the Property at 615 22nd Street
Trustee Wolin stated that the property is a small office building that flooded repeatedly
over the years. He also stated that it is impossible to make this property flood proof.
Under a Federal Program, FEMA will pay 75% of the costs involved in purchasing a
flood -prone property under the condition that the municipality converts the land to a flood
plain. He further stated that the estimated project cost is $901,055 and the Village's share
is $225,263.
Trustee Aktipis stated that the property could have substantial value to the Village.
Trustee Zannis pointed out that this will come from the infrastructure fund.
Trustee Yusuf stated that the property is along Salt Creek and has some recreational
opportunities.
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Motion by Trustee Wolin, seconded by Trustee Zannis that the Village Board authorize
the Village Manager to execute a grant confirmation to the Illinois Emergency
Management Agency (IEMA) for purchase of the property at 615 22nd Street (formerly
615 Hunter Drive).
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. ORDINANCE 2013- ZO- V -EX -S -1361, An Ordinance Granting an Amendment to
Variation Regarding the Use of the Lights at 1450 Forest Gate Road in the Village of Oak
Brook
Trustee Moy gave a brief history of the variation request by the Park District to extend the
times for the use of lights on their fields and the issue with field 1. He also stated that
today's motion is to put all the separate ordinances with respect to field 1 and lighting on
all fields into a single document.
Community Development Director Kallien gave a brief history of violations of the
lighting ordinance at field 1.
Resident Ernie Kaeras thanked the Board members on behalf of the Forest Gate
Homeowners and stated that he is confident that the Board members will pass the
ordinance as amended.
Resident Bill Lindeman mentioned the issue of street parking on Forest Gate Road and the
safety issues it poses.
Chief Kruger stated that the Police Department will be monitoring the safety concerns of
parking on Forest Gate Road and will report back sometime after the start of the baseball
season in order to gather more data.
President Lalmalani thanked the residents of Forest Gate.
Motion by Trustee Moy, seconded by Trustee Aktipis to approve Ordinance S -1361,
which approves the requested variations and consolidates into a single document, all of
the conditions of Ordinance S -1350, S -1296, S -1084, and S -779 with respect to Field 1
and lighting on all fields at the Park District and.
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Motion by Trustee Wolin, seconded by Trustee Aktipis to amend the motion to state that
the soccer field should be added to Sections 3B, 3C, and 3J of the Ordinance.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 — None
Abstain: 0 —None
Absent: 0 — None
Motion carried
B. Request for Proposal — General Legal Counsel
President Lalmalani stated that at the last meeting, the Board directed staff to conduct the
request for proposal process for legal services for Labor, PEBA, PSEBA, and other
disabilities but did not vote on whether or not the Village should seek proposals for
general legal services.
Trustee Manzo clarified that his position on this matter is not a reflection of his opinion of
Holland & Knight or Peter Friedman. He stated that Peter Friedman has done a wonderful
job for the Village but that the Village should seek proposals for general legal services.
Trustee Wolin thanked Trustees Manzo and Moy for all they have done in reducing the
Village's legal bills. He discussed the various legal services the Village requires and gave
examples of how going with the lowest per hour cost for legal services is not always cost
effective. He stated that Holland & Knight is doing a wonderful job for the Village at a
reasonable cost and does not recommend seeking proposals for general legal services.
Trustee Aktipis believes that conducting the request for proposals process for legal
services will not be beneficial to the Village and stated that legal services cannot be
compared as a commodity.
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Trustee Zannis stated that she agrees with Trustee Aktipis and that legal services is not a
commodity that you can price out for easy comparison. She stated that the well being of
the Village depends on the attorney's skills. She also stated that although a vote was not
taken at the last meeting, trustees spoke very loudly against conducting an RFP process
for general legal services.
Trustee Manzo pointed out that many of the large cases are outsourced. He stated that
other criteria besides cost should be looked at when soliciting proposals for legal services.
He also stated that the Board owes it to the residents of Oak Brook to get the best value
and that the only way to accomplish that is to seek proposals.
President Lalmalani stated that he has been very happy with Holland & Knight's services
and would rather not make any changes.
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Trustee Yusuf stated that he believes in periodically seeking proposals to see what is out
there. He believes that we are getting an excellent value but can only communicate that to
our residents by the RFP process. He also stated that he feels this is not the right time to
seek proposals for legal services due to the upcoming election.
Trustee Moy stated that the key question is if we can get the same quality of service as we
get now at a lower cost. He also stated that there is no guarantee that conducting the RFP
process will get you the right legal firm. He discussed the hourly rates charged by
Holland & Knight and stated that the Village is getting great quality work at reasonable
fees and does not believe the Village should seek proposals for general legal services. He
further suggested conducting an annual review and presentation of legal fees so that the
Village does not lose its handle on the costs.
Trustee Zannis suggested tabling the vote on this matter.
Trustee Wolin recommended voting on this matter today.
Resident Steve Young asked if the Village contacted the Illinois Bar Association
Committee on legal fees regarding research. Manager Niemeyer stated no but that a
comparison of surrounding towns and what their legal costs are was conducted. Resident
Young suggested reaching out to the Illinois Bar Association and Attorney Registration
Disciplinary Commission to get their view and average hourly costs.
Trustee Aktipis stated that municipalities get better rate for attorney's fees than the private
sector and that the resources mentioned by Resident Young may not help the Village.
Motion by Trustee Manzo, seconded by Trustee Moy that the Village Board authorize a
request for proposal for General Legal Services.
ROLL CALL VOTE:
Ayes: 1 — Trustee Manzo
Nays: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis
Abstain: 0 — None
Absent: 0 —None
Motion fails
10. ACTIVE BUSINESS
A. Confirmation of Appointments — NONE
B. Ordinances & Resolutions — NONE
C. Award of Contracts —NONE
D. Update Sports Core /School District Issue
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Manager Niemeyer gave the following update on the Sports Core /School District Issue:
• Appraisal of approximately 10.5 acres of Sports Core property is $4.675 million.
• Appraisal of Brook Forrest School site is $4.2 million.
• Appraisal of Butler School site is $5 million.
• Village received a projected schedule of use of the sports core fields.
• Committee of the Whole meeting Monday, March I Ph to discuss status of
negotiations.
• Future use of the two school sites if the properties sold. Both the Village and
District 53 agree that these properties should be restricted to single family use.
• Discussions on how the Village can make sure the School District cannot sell the
sports core property to a user the Village does not want.
• Continue discussions on how the Village might spend revenues from sale.
• Revenues to be spent only on one time projects and not recurring expenses.
President Lalmalani asked if one appraisal for the sports core property is enough.
Attorney Friedman stated that the Village can amend the zoning code to specifically
designate what can be allowed on the Brook Forrest and Butler School sites. He also
stated that a restricted covenant can be placed on the properties, including the sports core.
He also stated that one appraisal is enough unless there is an issue.
Trustee Aktipis stated that appraising the sports core property is a difficult task.
Trustee Wolin stated that a second appraisal is a good idea. He also stated that if the
referendum passes, the School District should tear down the two existing schools before
they sell the property.
Trustee Manzo stated that he agrees with Trustee Wolin. He also stated that putting
restrictions on the sale of the school district and sports core land is a good idea. He also
mentioned the different sports core land sold over the years. He further stated that
regardless of what happens with the referendum, the Village must address the sports core
finances.
Manager Niemeyer stated that the appraisal does not tie us down to a price and things can
change if the referendum passes and it becomes time to sell the sports core property. He
stated that the purpose is to give the residents an idea of what they will be voting on in
April.
Alan Hanzlik, District 53 School Board President, stated that the intent is to make Oak
Brook better. He stated that the School District is looking for ways to protect residents
with zoning regulations that only allow single family homes to be built at the Brook
Forrest and Butler School sites should the referendum pass. He also stated that the School
District supports selling the Sports Core property back to the Village in the future. He
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also stated that the appraisal of the school sites indicate a future value rather than the
today value which accounts for the higher values of the school sites. He further stated
that the numbers have to work for both the School District and the Village.
E. Electric Aggregation Update
Trustee Wolin stated that the contract that the Village has in place with Integrys for the
electric aggregation program will expire at the end of 2013. He stated that the Village is
now planning for the next electric aggregation bid. He gave a brief history of the
Village's 2011 electric aggregation process and issues that arose, and commented on
misinformation about the program and processes that the Village took. He also stated that
he stands 100% behind the decisions the Village made during the 2011 electric
aggregation process and that the Village did the right thing by accepting the bid opening
price.
Trustee Aktipis stated that he agrees with the recommendations that Trustee Wolin made
for the 2011 electric aggregation program and that the Village adopted.
Trustee Wolin outlined the recommended steps for the Village's next electric aggregation
program process. He recommended that a formal committee of three trustees and four
residents be formed and that meetings minutes be taken. He stated that resident Harry
Peters resigned from the committee formed in 2011 and recommended that resident Terry
O'Malley consults the new committee rather than remaining a voting member. He also
stated that resident Baker Nimry was a member of the 2011 committee. ComEd is
expected to announce new rates in June and speculation is that their rates will be lower
than their current rate. Finally, Trustee Wolin suggested that staff be directed to conduct
a survey on whether municipalities are planning to conduct the bid process for their next
electric aggregation programs and whether they plan on hiring a consultant.
President Lalmalani commended Trustee Wolin for all his hard work with the Village's
electric aggregation program.
Trustee Manzo stated that he agrees with Trustee Wolin's recommendations.
Manager Niemeyer stated that the committee's first decision will be when to conduct the
bid process and whether or not to hire a consultant.
Trustee Yusuf stated that what Trustee Wolin proposed is an enhancement to the process.
Trustee Moy thanked Trustee Wolin for giving an accurate detailed report on the history
of the 2011 electric aggregation program.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
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Manager Niemeyer stated that planning for the upcoming Polo season has begun and an
announcement of dates will be made soon. He also stated that public relations for Polo will
expand compared to previous years.
B. VILLAGE CLERK
Clerk Pruss stated that the next municipal election is April 9, 2013 and that voter
registration at the Village is through March 12, 2013. From March 13th — April 6`h, voters
can only register through the DuPage County Election Commission. There will be six
early voting sites and the closest one to the Village will be at Yorktown Mall. Early voting
runs from March 25`h — April 6`h. She further stated that ballots will be ready at the
DuPage County Election Commission starting February 28th and that applications for
absentee ballots are available at the Village.
Clerk Pruss announced that the Citizens Police Academy will be holding classes on
Wednesdays from 6 pm — 10 pm for ten weeks beginning March 13`h. She stated that she
hopes that everyone considers participating in the program.
C. TRUSTEES
Trustees Zannis, Moy, and Aktipis wished every one of the Chinese decent a Happy New
Year.
Trustee Manzo stated that is was very nice that the Village honored Judy Biggert and Chris
Nybo. He congratulated Midwest Chase on moving forward and gaining approval from
DuPage County with their annexation efforts. He also stated that Saddle Brook is forming
a committee in order to start the annexation process.
Trustee Wolin encouraged residents to join the upcoming Citizens Police Academy.
D. VILLAGE ATTORNEY - NONE
E. VILLAGE PRESIDENT
Chief Kruger mentioned the Special Olympics Candlelight Bowl that took place at
Pinstripes.
Chief McEllin stated that the Fire Department Annual Report is complete.
12• ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) litigation matters
(2) sale or lease of property owned by the Village, (3) minutes of meetings lawfully
closed under this act matters pursuant to Section 2c(11), 2c(6), and Section 2c(21) of the
Illinois Open Meetings Act, respectively.
Motion by Trustee Manzo, seconded by Trustee Yusuf to adjourn to closed session for
the purpose of discussing (1) litigation matters (2) sale or lease of property owned by the
Village, (3) minutes of meetings lawfully closed under this act matters pursuant to Section
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2c(11), 2c(6), 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 9:22 pm.
13. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Moy, to adjourn the Regular Meeting of
the Board of Trustees at 11:55 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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