Minutes - 03/13/2012 - Board of TrusteesMINUTES OF THE MARCH 13, 2012 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
MARCH 27, 2012.
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.
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, AsifYusuf, and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Robert L. Kallien, Jr., Director of Community Development;
Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin,
Library Director; Mike Hullihan, Public Works Director; James Kruger,
Police Chief; Trey VanDyke, Sports Core Director; and Peter Friedman,
Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Lalmalani stated that the December sales were up 4% compared to the same
time last year. He stated he is pleased but takes this news with guarded optimism, and we
still need to be very cautious.
President Lalmalani stated that Ravioli Oli, a casual dining restaurant, opened on March
5th.
Clerk Pruss read the following Proclamations:
A. Proclamation — American Red Cross
B. Proclamation — Earth Hour
Attorney Friedman gave an update on the Craig - Sheahan -Sky Bar lawsuit. He stated two
months ago, a federal lawsuit was filed by the owners of the Sky Bar, as well as former
Police Chief Sheahan and former Village President Craig, as plaintiffs against several
former Village officials and police officers. He stated at a recent status hearing, the
plaintiffs did not appear and the judge dismissed the case.
VILLAGE OF OAK BROOK MANTES Page 1 of 12 REGULAR MEETING OF MARCH 13, 2012
4. RESIDENTNISITOR COMMENT
Resident Mark Karambelas, Vice President of the Saddle Brook Home Owners
Association, stated he would like to dispel a rumor that they are displeased with Village
government and services. He stated the Association is elated with the Village, its staff,
and services. He also stated that he feels the Village will be in a great financial position
by year -end. Lastly, he wished Trustee Zannis luck in the upcoming election for DuPage
County Board member.
Marshall Subach, Attorney for Vian Construction, discussed the 2012 Water Main
Replacement agenda item and the recommendation to not award to his client. He stated
Vian Construction's bid was $16,559.40 lower than the second lowest bidder, Gerardi
Sewer and Water Company. He stated that Vian submitted all the required documents
and furnished 15 references. He also stated that he is disturbed that Christopher Burke
Engineering Company can become judge and jury for any recommendation for future Oak
Brook projects. He explained a dispute, which has been resolved, between Vian and
Christopher Burke Engineering Company over a project performed two years ago in
Northlake. He requested the 2012 Water Main Project item be removed from this agenda.
Vincent Rendina, owner of Vian Construction, discussed a previous project that his
company performed for Oak Brook with no problems. He stated that the Village should
not base their decision on the recommendation of Christopher Burke.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF FEBRUARY 14, 2012
Motion by Trustee Aktipis, seconded by Trustee Manzo to approve the Regular Board of
Trustees Meeting of February 14, 2012. 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 March 9, 2012 - $638,851.36
Significant Items included in Above:
1) Seyfarth, Shaw, LLP — Legal Services — January, 2012 - $52,060.19 (FY12 —
YTD - $52,060.19)
2) J.C. Broihier —Legal Services —February, 2012 - $875.00 (FYI 2 — YTD -
$875.00)
3) Advocate Health Care — Performance Bond Refund — $85,090.00
B. Approval of Payroll for Pay Period Ending March 3, 2012 - $612,192.87
VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF MARCH 13, 2012
C. Community Development Referrals — NONE
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Telephone Company Services
E. Budget Adjustments — NONE
F. Award of Contracts — NONE
G. Ordinances & Resolutions
1) RESOLUTION 2012- PD -PG -R -1161, A Resolution Approving and Authorizing
the Execution of an Agreement By and Between the Village of Oak Brook and JG
Uniforms for the Provision of Police Department Uniforms and Equipment
2) ORDINANCE 2012- BU -EXl -S -1330, An Ordinance Authorizing Transfers
Among Budget Line Items
3) RESOLUTION 2012- PW- AG -EXl -R -1164, A Resolution Approving and
Authorizing the Execution of an Agreement By and Between the Village of Oak
Brook and DCG Roofing Solutions, Inc. to Resurface the Roof of the Department
of Public Works Building
4) RESOLUTION 2012 -WA- MAIN- CNTRCT- EXl -R -1162, A Resolution
Approving And Authorizing The Award And Execution Of A Construction
Contract Relating To The 2012 Water Main Replacement Project By And
Between The Village Of Oak Brook And Gerardi Sewer And Water Of Norridge,
Illinois
5) RESOLUTION 2012 -WA -MAIN- CNTRCT -EXl -R -1163, A Resolution
Approving and Authorizing the Execution of a Professional Services Agreement
for Engineering Services Relating to the 2012 Water Main Replacement Project
By and Between the Village of Oak Brook and James J. Benes and Associates,
Inc.
6) ORDINANCE 2012- ZO- V -EX -S -1329, An Ordinance Granting a Variation From
the Provisions of Section 13- 6A -3F.2 of Title 13 ( "Zoning Regulations ") of the
Village Code of the Village of Oak Brook Relative to Setback Requirements at 94
Breakenridge Farm Road in the Village of Oak Brook
7) ORDINANCE 2012 -SC- GOLF -1331, An Ordinance Authorizing a Loan from the
General Corporation Fund to the Sports Core Fund
Motion by Trustee Wolin, seconded by Trustee Yusuf, to approve the Consent Agenda
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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
7. ITEMS REMOVED FROM CONSENT AGENDA
1) Item 6.A.1: Seyfarth, Shaw, LLP —Legal Services —January, 2012 - $52,060.19
(FYI 2 — YTD - $52,060.19)
Trustee Manzo asked Manager Niemeyer to update residents on the legal services
performed by Seyfarth Shaw. LLP.
Manager Niemeyer stated this was a major employee disability case that went to trial. He
also stated the Village won the case. He stated the defendant was seeking damages and
attorney fees of over $175,000 and CEBA benefits of over $1,000,000. He further stated
this win helps the Village with other pending cases.
Motion by Trustee Manzo, seconded by Trustee Moy, to approve item 6.A.1.
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) Item 6.A.2: J.C. Broihier — Legal Services —February, 2012 - $875.00 (FY12 — YTD -
$875.00)
Trustee Manzo asked if this is the Attorney for the Police and Fire Commission, and if we
can use the Village Attorney for Commission matters.
Attorney Friedman stated this was a one -time project to review the existing BFPC rules
and regulations. He also stated the attorney who completed the project specializes in this
type of work, and there is nothing that prevents the Village Attorney from representing
the BFPO.
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
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Absent: 0 —None
Motion carried.
3) Item 6.G.4: RESOLUTION 2012 -WA- MAIN - CNTRCT- EXl -R -1162, A Resolution
Approving and Authorizing the Award and Execution of a Construction Contract Relating
to the 2012 Water Main Replacement Project By And Between The Village of Oak Brook
And Gerardi Sewer and Water of Norridge, Illinois
Motion by Trustee Wolin, seconded by Trustee Aktipis to award a contract to the lowest
responsive bidder, Gerardi Sewer and Water of Norridge, Illinois, subject to staff review,
for the 2012 Water Main Replacement Project based on the unit prices bid listed on the
attached bid tabulation, for an estimated contract price of $1,609,860.50 and approve
Resolution 2012 -WA- MAIN- CNTRCT -EXl -R -1162, "A Resolution Approving and
Authorizing the Award and Execution of a Construction Contract Relating to the 2012
Water Main Replacement Project By and Between the Village of Oak Brook and Gerardi
Sewer and Water of Norridge, Illinois.
Public Works Director Hullihan stated that in the Request for Bids, there is a requirement
for all contractors to identify all projects conducted in the last three years. Vian
Construction omitted a Northlake project. He stated that Vian Construction was given
two opportunities to correct this omission. He also stated staff did its due diligence and
deemed Vian not a responsible bidder due to this omission, not just due to the
recommendation of Christopher Burke. He further stated the intent is to avoid excess
change orders, as per previous Board discussions.
Trustee Aktipis asked if its common practice in Oak Brook to deem a contractor
unqualified if an omission has been made, intentionally or by mistake.
Public Works Director Hullihan stated this varies from contract to contract, due to the
scope of a project. He also stated the adherence to the bid amount is also very important.
Trustee Aktipis then asked if there is an acceptable average for change orders that a
contractor can request. Public Works Director Hullihan stated 10% of the project cost is
considered normal.
Trustee Aktipis further stated the Village needs to take into consideration if a contractor
has a history of making many change orders, also if a contractor has performed
adequately on previous projects.
Trustee Manzo stated he is not opposed to awarding any contract to the second lowest
bidder, but usually it has to be something egregious to disqualify the low bidder. He also
stated he was waiting for something of more substance to agree with the recommendation.
He also asked who recommended awarding to the second lowest bidder. Public Works
Director Hullihan stated the Engineering Company who helped prepare the specifications,
VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF MARCH 13, 2012
James J. Benes, made the recommendation.
Public Works Director Hullihan suggested asking Mr. Rending to add language in the
contract stating he will not go over 2% of the contracted amount, if awarded the contract.
Manager Niemeyer stated that Vian Construction also omitted work they have done for
Downers Grove.
Mr. Rendina stated he has done many jobs for many different communities and school
districts and does not understand what went wrong with this bid. He also stated that he
will do a great job for Oak Brook if awarded the contract.
Trustee Yusuf stated that he would like to table this item and do further research before a
decision is made.
Trustee Zannis also recommended tabling this item. She stated she would like an
overview of previous work conducted by James J. Benes and Christopher Burke.
Amended Motion by Trustee Yusuf, seconded by Trustee Zannis to table item 6.G.4.
VOICE VOTE: Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS - NONE
9. UNFINISHED BUSINESS —NONE
A. Confirmation of Appointments
1) Library Commission
Motion by Trustee Manzo, seconded by Trustee Zannis to approve the reappointment of
Roberta Petz to the Oak Brook Library Commission to a term to expire in May of 2015.
VOICE VOTE: Motion carried.
Motion by Trustee Zannis, seconded by Trustee Manzo to approve the appointment of
Anthony DiCanio to the Oak Brook Library Commission to a term to expire in May of
2015. VOICE VOTE: Motion carried.
2) Firefighters Pension Fund Board
Motion by Trustee Yusuf, seconded by Trustee Moy to approve the appointment of
George Kouba to the Oak Brook Firefighters Pension Fund Board to a term to expire in
2014. VOICE VOTE: Motion carried.
Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointment of
Timothy Schlindwein to the Oak Brook Firefighters Pension Fund Board to a term to
VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF MARCH 13, 2012
expire in 2015. VOICE VOTE: Motion carried.
3) Police Pension Fund Board
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the reappointment of
Alan Feldman to the Oak Brook Police Pension Fund Board to a term to expire in 2014.
VOICE VOTE: Motion carried.
4) Board of Fire & Police Commission
Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the appointment of
Moin Saiyed to the Oak Brook Board of Fire and Police Commission to a term to expire
in 2015. VOICE VOTE: Motion carried.
Trustee Wolin stated that John Pircon was also interviewed for reappointment to the Oak
Brook Board of Fire and Police Commission. He also stated that John has done a
wonderful job, thanked him for his hard worked, and that he will support Moin Saiyed in
this appointment.
B. Ordinances & Resolutions
1) RESOLUTION 2012- PL- IT- IGA- SCH -EX1-R -1165, A Resolution Approving and
Authorizing an Intergovernmental Agreement By and Between the Village of Oak Brook
and School District 53 for the Shared Use Of a Technology Support Specialist
Trustee Zannis stated that this item is about saving money and expanding the technology
focus for the Village. She stated this is an outstanding idea and gave Manager Niemeyer
full credit for this decision.
Manager Niemeyer stated that the IT Division was reduced from 3 full time staff to 2 full
time staff a few years ago due to cutbacks. In recent discussions between Manager
Niemeyer and Superintendent Martin of District 53, it was determined both were seeking
a part time IT person. They discussed the idea of sharing a full time employee to save
costs. He stated this will cost slightly more than it would if we were to hire a part-time
employee, but we will get a more stable and qualified person for the shared full -time
position.
Trustee Zannis stated IT Manager Jim Fox has done a terrific job during these hard times.
Trustee Aktipis stated this is a good experiment and will be a good start to a sharing
arrangement with the school district.
President Lalmalani stated shared services are the way to go and we should look at other
aspects that can be shared.
VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF MARCH 13, 2012
Motion by Trustee Zannis, seconded by Trustee Aktipis to approve Resolution 2012 -PL-
IT- IGA- SCH -EXl -R -1165, A Resolution Approving and Authorizing an
Intergovernmental Agreement By and Between the Village of Oak Brook and School
District 53 for the Shared Use Of a Technology Support Specialist.
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. Award of Contracts — NONE
D. Records Section Staffing — DU -COMM Transition
Trustee Yusuf stated that due to the up- coming transition to DU -COMM, we are
extending hours of the front desk of the Police Department to deal with non - emergency
calls and walk -ins. Police Chief Kruger put together several different scenarios of staffing
to choose from.
Trustee Yusuf stated Option #6 will keep the front desk open from 8:00 am — 11:00 pm
Mon -Fri, and 9:00 am — 6:00 pm Sat -Sun. The phone in front of the Police Station will
connect directly to DU -COMM after hours. The cost will be $102,000. This cost
includes DU -COMM doing LEADS entries at night.
Chief Kruger stated the approximate date of the transition is July 90i. He also stated
Option #6 will enhance our customer service and control our costs. He further stated this
is a flexible plan and can be revised if additional staffing and services are needed.
Trustee Manzo asked what the process will be if we find something more affordable than
DU -COMM in the future. Manager Niemeyer stated DU -COMM requires a one year
notice prior to dissolving membership.
Trustee Zannis stated to shut down the building at night gives more control to DU-
COMM. She stated making many changes at once is high risk and changes should be
done slowly and effectively. She stated that she is in support of Option #2, which keeps
the building open 24 hours a day. She also stated that she doesn't want to make too many
transitions over to DU -COMM all at once, and we should have them earn the right to take
our night -time calls. She further stated that she would like to amend the motion to
consider Option #2, for the period of one year while we see how the transition goes.
Trustee Yusuf stated the concern he has with Option #2 is that our night -time employees
have to get trained on LEADS. He feels that we will not notice a difference if DU-
COMM is answering the night -time calls. He further stated Option #6, on a trial basis, is
better for the Village than Option #2.
VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF MARCH 13, 2012
Trustee Wolin stated he supports Option #6. He is a full supporter of the DU -COMM
transition. He stated with Option #2, 5 part-time employees will be need to be trained and
supervised. He anticipates a high number of turn-over with Option #2. He asked the
Chief to elaborate on the types of calls we get and why Option #6 makes sense.
Trustee Manzo stated the issue is giving up local control to DU -COMM. He stated he
supports the amended motion.
Trustee Aktipis stated he supports the amended motion.
Trustee Moy stated he supports Option #6 because DU -COMM is a capable and qualified
operation. He also stated having 5 part-time employees trying to do this importation job
raises some concerns. DU -COMM has qualified and trained employees that can handle
Village calls.
Trustee Yusuf clarified that this is only for non - emergency calls. DU -COMM will handle
all emergency calls for the Village. He stated we have the ability to make adjustments as
needed.
Chief Kruger wanted everyone to remember that DU -COMM is not a separate entity.
Both he and Chief McEllin sit on the Chiefs Board, and Manager Niemeyer sits on the
Board of Directors. Budgets are set by the board members, who are all members of the
different communities who make up DU -COMM. He stated the Village can dissolve its
membership to DU -COMM if not satisfied but ETSB costs come into play. He stated the
types of calls that come to our current dispatch center are emergency calls, non -
emergency service calls, and informational calls.
Trustee Manzo respectfully disagreed with the statement that we are DU -COMM. He
stated we fund DU -COMM, and part of the cooperative, but we do not hire its employees.
He also stated he is willing to give up some local government control because of the cost
savings.
Motion by Trustee Zannis, seconded by Trustee Manzo to approve Option #2, for the
period of one year while we see how the transition goes.
ROLL CALL VOTE:
Ayes: 3 — Trustees Aktipis, Manzo and Zannis
Nays: 4 — Trustees Moy, Wolin, Yusuf, and President Lalmalani
Abstain: 0 — None
Absent: 0 —None
Motion fails.
Motion by Trustee Yusuf, seconded by Trustee Manzo to approve Option #6, which
authorizes the Police Chief to staff the Records Section, effective June 18, 2012, and hire
VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF MARCH 13, 2012
one additional 32 hour and one additional 19 hour Records Technicians.
ROLL CALL VOTE:
Ayes: 4 — Trustees Moy, Wolin, Yusuf, and President Lalmalani
Nays: 3 — Trustees Aktipis, Manzo and Zannis
Abstain: 0 —None
Absent: 0 —None
Motion carried.
E. Open Meeting Act — DISCUSSION ONLY
Trustee Manzo stated this discussion is due to a resident inquiry on email disbursements
between Trustees in between meetings.
Attorney Friedman gave a PowerPoint presentation on the Illinois Open Meetings Act.
Items discussed are as follows:
• Sunshine Act
• New Training Requirements for Public Officials
• Purpose of the Act
• Definition of a Meeting (Physically and Electronically)
• Definition of a Quorum
• Notice and Location of Meetings (Regular and Special)
• Action on Agenda Items Only
• Unintentional Gathering of a Quorum (includes Telephone, E- Mails, Texting,
Facebook, Twitter and Similar Communications)
• Closed Sessions
• Common Closed Session Topics
• Attendance of Public Officials
• Opportunity to Address Public Officials
• Rules for Minutes
• New Notice Requirements (Total Compensation Package of Employees)
• Enforcement of the Act Requirements
Trustee Moy asked if any public official has been charged for a criminal violation of the
Act, and if so, have they been prosecuted successfully. Attorney Friedman stated yes.
Trustee Aktipis asked why three public officials constitute a quorum. Attorney Friedman
stated his assumption is that at a meeting of four public officials, three are needed to enact
something; therefore, three constitutes a quorum.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer mentioned the Golf Course is open and hopes, with the weather this
year, it will make up for the previous rainy years.
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B. VILLAGE CLERK
Clerk Pruss stated voting is March 20th and encouraged everyone to vote. She also
stated polling places are listed on the Village website. She also stated early voting ends
Thursday, March 14th. She further stated ballots must be mailed 5 days prior to the
election, and must be postmarked 1 day before the election in order to be counted.
Clerk Pruss mentioned Trustee Moy will talk about Acute Cardiac Arrest at the Library
on March 26th at 7:00 pm. He will discuss Cardiopulmonary Resuscitation and how to
use Automatic External Defibrillators. She encouraged everyone to attend the lecture
and to take CPR classes.
C. TRUSTEES
Trustee Zannis encouraged everyone to vote.
Trustee Yusuf stated elections are an opportunity to make your voice heard. He asked
everyone to make an educated choice and learn about the candidates.
Trustee Aktipis stated the Village finances are still up and down and we must still be
cautious and fiscally responsible.
Trustee Manzo gave kudos to the staff in creating a budget 3% less than the previous
year. He stated the Village did its due diligence and continues to be extremely cautious.
Trustee Moy wished Trustee Zannis luck in the upcoming election for DuPage County
Board.
D. VILLAGE PRESIDENT
President Lalmalani wished Trustee Zannis luck in the upcoming election as well. He
also thanked Finance Director Dangles in vacating a spot in the Firefighter Pension Fund
Board in order to accommodate George Kouba.
Chief McEllin stated Bob Robertson will also be at the Library on March 26th with a
trainer AED to demonstrate how it works.
Library Director Madorin thanked the Board for approving the appointments for the
Library Commission.
Finance Director Dangles stated she will continue to be the Treasurer of the Firefighter
Pension Fund Board.
VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF MARCH 13, 2012
12. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn the Regular Meeting of
the Board of Trustees at 8:39 pm. VOICE VOTE: Motion carried.
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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