Minutes - 03/26/2013 - Board of TrusteesMINUTES OF THE MARCH 26, 2013 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 23, 2013
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
7:04 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, 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;
Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin,
Library Director; James Kruger, Police Chief; Michael Hullihan, Public
Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman,
Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
A. Proclamation — DuPage River Sweep
The Proclamation was read by Clerk Pruss
B. Proclamation — National Library Week
The Proclamation was read by Clerk Pruss
Library Director Madorin mentioned the many wonderful things that the Friends of the
Library and the Library Commission do for the library.
President Lalmalani reported that in the Peterson case, Judge Sheen entered an order that
upholds the Board of Fire and Police Commissioners decision to discharge Stephen
Peterson. He also reported that in DuPage County, the Village's motion to dismiss the
complaint filed against it by JSQ regarding the HUB development was granted. He
thanked everyone who worked on both cases.
President Lalmalani reminded everyone to vote on April 9`h
President Lalmalani wished all people of Jewish decent a wonderful Passover season.
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4. RESIDENTNISITOR COMMENT
Resident Harry Peters stated that voters need to express what they expect from elected
officials. He mentioned issues that occurred in several towns and stated that he would
like to see changes on how Trustees vote on important matters.
Trustee Aktipis discussed the Thomas Sheahan pension issue and report. He also stated
that the current Board is very sensitive to the issue of abuse of power.
5. APPROVAL OF MINUTES
Motion by Trustee Zannis, seconded by Trustee Aktipis to limit the debate on closed
meeting minutes to one or two minutes per Trustee.
ROLL CALL VOTE
Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Yusuf
Nays: 1 — Trustee Zannis
Abstain: 0 — None
Absent: 0 —None
Motion carried
Attorney Friedman reiterated that a supermajority is needed in order for an amended or
subsequent motion to be approved.
Amended Motion by Trustee Manzo, seconded by Trustee Moy to limit the debate on
closed meeting minutes to five minutes per Trustee.
ROLL CALL VOTE
Ayes: 4 — Trustees Aktipis, Moy, Wolin, and Yusuf
Nays: 2 — Trustee Manzo and Zannis
Abstain: 0 — None
Absent: 0 —None
Motion fails.
Motion by Trustee Zannis seconded by Trustee Aktipis to restrict the debate to one speech
and two minutes per Trustee.
ROLL CALL VOTE
Ayes: 5 — President Lalmalani, Trustees Aktipis, Moy, Wolin, and Wolin
Nays: 2 — Trustee Manzo and Yusuf
Abstain: 0 —None
Absent: 0 —None
Motion fails.
A. EXECUTIVE MEETING MINUTES OF DECEMBER 11, 2012
1) Approval of Minutes
Trustee Manzo stated that this vote will be on a shortened and amended version of the
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December 11, 2012 closed meeting minutes. He feels that there were violations of the
open meetings act. He also stated that this matter was referr ed to the Attorney General's
Office.
Trustee Zannis rebutted by stating that a vote was not taken at the Executive meeting of
December 11, 2012. She also stated that the dialog at the meeting did not violate any
laws per the DuPage County State's Attorney's Office.
Trustee Wolin stated that he agrees with approving the abbreviated version of the
Executive meeting minutes of December 11, 2012 and that releasing the verbatim minutes
will set precedence.
Trustee Manzo stated that in an effort to be transparent, the verbatim meeting minutes of
December 11, 2012, with redactions, should be released for approval.
President Lalmalani stated that he reported the potential violation of the open meetings act
to the Attorney General's Office. He addressed the question at hand and made some
clarifications.
Resident Harry Peters expressed his concerns and hopes that the Trustees are being
transparent and forthright with the citizens of Oak Brook. He questioned the penalties for
an open meetings act violation. Attorney Friedman stated that the penalties can be a host
of things.
Resident Tony DiCanio expressed his disappointment with the behavior of the Board
members and asked them to move forward.
Trustee Aktipis read portions of a letter from the DuPage County State's Attorney's
Office regarding this matter. He also pointed out that the Attorney General's Office has
yet rendered an opinion.
Trustee Yusuf reiterated some points and stated that he is in support of approving the
longer version of the Executive meeting minutes of December 11, 2013. He also stated
that the short version minutes are accurate.
Motion by Trustee Zannis, seconded by Trustee Aktipis to approve the minutes of the
Executive Meeting of December 11, 2012
ROLL CALL VOTE
Ayes: 4 — Trustees Aktipis, Moy, Wolin, and Zannis
Nays: 2 — Manzo, and Yusuf
Abstain: 0 — None
Absent: 0 —None
Motion carried
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2) Approval of Release of Redacted Version of Minutes
Motion by Trustee Zannis, seconded by Trustee Aktipis to limit Trustee comments to two
minutes per Trustee.
Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis
Nays: 1 — Manzo
Abstain: 0 — None
Absent: 0 —None
Motion carried
Trustee Manzo does not support the release of the redacted Executive meeting minutes
because residents will not get the full version of what occurred.
Resident Phil Cuevas feels that the public has the right to know the topics discussed at the
Executive meeting of December 11, 2012. He also asked all Board members to behave
appropriately at Board meetings.
Trustee Wolin stated that the topic of the December 11, 2012 meeting pertains to one
person and has no impact on the Village of Oak Brook.
Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the release of the
redacted version of the minutes of the Executive Meeting of December 11, 2012
ROLL CALL VOTE
Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis
Nays: 1 — Manzo
Abstain: 0 —None
Absent: 0 —None
Motion carried
3) Consideration of Release of Closed Meeting Tape
Motion by Trustee Manzo to release the closed meeting tape of December 11, 2012. This
motion was not seconded.
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 22, 2013 — $564,031.84
Significant Items included in Above:
1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services —
February, 2013 - $2,201.55 (FY13 — YTD - $4,554.05)
2) Rathje & Woodward, LLC — Legal Services — February, 2013 - $3,333.33
(FYI 3 — YTD - $6,666.66)
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TOTAL LEGAL BILLS PAID FOR 2013 - $22,962.51
3) DuPage Water Commission - $232,193.06
4) Christopher B. Burke Eng. — Payout #2 - 2013 Paving Project - $26,706.36
B. Approval of Payroll for Pay Period Ending March 16, 2013 - $686,025.76
C. Community Development Referrals — NONE
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Deicer Salt
E. Budget Adjustments — NONE
F. Ordinances & Resolutions
1) ORDINANCE 2013- LC -AL -G -993, An Ordinance Amending Title 4, Chapter 1,
Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to
the Number of Authorized Liquor Licenses
2) RESOLUTION 2013 - ADJUD - OFCR -PD -R -1247, A Resolution Approving and
Authorizing a Professional Services Agreement By and Between the Village of
Oak Brook and Marquardt & Belmonte, P.C. for Administrative Adjudication
Hearing Officer Services
3) RESOLUTION 2013 - FIREWORKS -AG -R -1250, A Resolution Approving and
Authorizing the Execution of an Agreement By and Between the Village of Oak
Brook and Melrose Pyrotechnics for the 2013 Independence Day Fireworks
Display
4) ORDINANCE 2013 -PP -S -1366, An Ordinance Authorizing the Sale through
Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal
Property Owned by the Village of Oak Brook
5) RESOLUTION 2013 -ENG- TRANS - PRJT -AG -R -1246, A Resolution Approving
and Authorizing a Professional Services Agreement By and Between the Village
of Oak Brook and Christopher B. Burke Engineering, LTD for Design Services
for the St. Paschal Drive /35`h Street Transportation Control Measures Project
6) RESOLUTION 2013 -LY -R -1245, A Resolution Authorizing and Directing the
Oak Brook Public Library to Participate in the Non - Resident Library Card
Program from July 1, 2013 to June 30, 2014
7) ORDINANCE 2013- CD- BC -ELV -G -994, An Ordinance Updating the Village's
Elevator Standards and Amending Section 10 -1 -1 of the Village Code of the
Village of Oak Brook Relating to the Building Code
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8) RESOLUTION 2013 -WA- MAIN- CNTRCT -EXl -R -1253, A Resolution
Approving and Authorizing the Award and Execution of a Construction Contract
Relating to the 2013 Water Main Replacement Project By and Between the
Village of Oak Brook and Suburban General Construction, Inc. of LaGrange
Park, Illinois
G. Scavenger License
H. Monthly Treasurer's Report
Motion by Trustee Manzo, seconded by Trustee Yusuf, 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 — NONE
10. ACTIVE BUSINESS
A. Confirmation of Appointments
1) Electric Aggregation and Issues Committee
Motion by Trustee Wolin, seconded by Trustee Moy to approve the appointment of
Resident Ron Maher to the Oak Brook Electric Aggregation and Issues Committee to
serve a one -year term to expire on March 12, 2014. VOICE VOTE: Motion carried.
B. Pedestrian Access Agreement
Jeff Kennedy, Chairman of the Streetscape Committee, gave a brief report on the status of
the various pedestrian access projects. He stated that seven of the ten projects proposed
by the committee are strongly supported by the business community. He also stated that
some construction should start this year. He also discussed the highlights of the proposed
agreement that will be sent out to stakeholder organizations and the cost sharing formula.
He further stated that construction contracts will be presented to the Board for final
approval.
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President Lalmalani and Trustees thanked Mr. Kennedy for all his hard work
The consensus was that this project is long overdue for many reasons including safety and
appearance.
Resident Steve Young thanked Jeff Kennedy and stated that the Village should reach out
to financial partners for funding.
Motion by Trustee Zannis, seconded by Trustee Wolin that the Village Board authorizes
Village staff to draft agreements with various stakeholder organizations, per the attached
format, with the objective of defining participation in several joint pedestrian access
projects.
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. Ordinances & Resolutions
1) RESOLUTION 213- BD- PC -TA -G -995, An Ordinance Amending Section 2 -1 -2 of
the Village Code Regarding Annexation Petition
Trustee Aktipis discussed the proposed ordinance amending annexation petitions and
suggested a friendly amendment of limiting item 5 of section 3 to non - residential areas of
the Village.
Manager Niemeyer discussed the reasons why item 5 was added to the ordinance.
Community Development Director Kallien clarified the categories of land that can be
considered for annexation.
Trustee Yusuf does not feel the amendment is necessary.
Resident Jerry White urged the Board to approve the necessary changes to the annexation
petition process.
Resident Mark Karambelas supports the amended changes to the Village code.
Trustee Manzo clarified some misinformation and stated that an application for
annexation from the Chateaux Loire subdivision was never presented to the Village.
Motion by Trustee Aktipis, seconded by Trustee Wolin to approve Ordinance G -995,
which approves an amendment to the Village Code regarding Annexation Petition
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Procedures by the Plan Commission and limit Section 3, item 5 to vacant properties and
existing commercial properties by majority vote of the Board of Trustees.
ROLL CALL VOTE
Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis
Nays: 1 — Manzo
Abstain: 0 — None
Absent: 0 —None
Motion carried
2) RESOLUTION 2013- SC- B &T/P- AG -EXI -R -1249, A Resolution Approving the
Waiver of Competitive Bidding and Authorizing the Execution of an Agreement
by and Between the Village of Oak Brook and Jeff Ellis Management, LLC to
Provide Management Services to the Sports Core Aquatic Center
Discussion was had regarding whether or not to go out to bid for pool management
services. The consensus was that this is a public safety matter and that Jeff Ellis is a
leader in the industry and has provided excellent service to the Village for the past seven
years. The bidding process for pool management services will not be conducted for the
2013 season.
Motion by Trustee Yusuf, seconded by Trustee Aktipis that the Village Board approve
Resolution R -1249 approving the waiver of competitive bidding and authorizing the
execution of an agreement by and between the Village of Oak Brook and Jeff Ellis
Management, LLC to provide management services to the Sports Core aquatic facility for
the 2013 season in the amount not to exceed $84,996.57 plus additional reasonable costs
of the additional insurance as approved in advance by the Village Manager.
ROLL CALL VOTE
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 —None
Motion carried
3) RESOLUTION 2013 -FI- AUDIT -AG -R -1248, A Resolution Approving the
Waiver of Competitive Bidding and Authorizing the Execution of an Agreement
with Sikich, LLP
Board members discussed the audit process and the Village's practice of bidding out these
services every three to five years in order to ensure a fresh look at Village finances.
Motion by Trustee Aktipis, seconded by Trustee Wolin that the Village Board waive
biding and authorize the Village President to enter into an agreement for audit services for
fiscal year 2013 and 2014 in the amount of $34,700 and $36,100 respectively with Sikich,
115 W. Diehl Road, Suite 400, Naperville, Illinois 60563.
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ROLL CALL VOTE
Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis
Nays: 1 —Trustee Manzo
Abstain: 0 — None
Absent: 0 —None
Motion carried
D. Award of Contracts — NONE
E. April Board Meeting
Discussion ensued regarding time sensitive matters and the best day to have a special
Board meeting in April.
Motion by Trustee Zannis, seconded by Trustee Wolin to call a special Village Board
meeting on Wednesday, April 10`h, at 7:00 p.m.
ROLL CALL VOTE
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 —None
Absent: 0 — None
Motion carried
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer mentioned that the Village website and the newsletter contain a
detailed question and answer brochure on the Sports Core /School District referendum.
B. VILLAGE CLERK
Clerk Pruss stated that earl voting started and ends on April 6°' She also reminded
everyone to vote on April 9` .
C. TRUSTEES
Trustee Yusuf asked everyone to be safe on the roads. He also stated that the Board
appreciates feedback from the public.
Trustee Zannis requested that all Trustees turn in the minutes placed in front of them for
shredding.
Trustee Aktipis wished everyone a Happy Passover and Happy Easter.
Trustee Manzo apologized to residents regarding the confusion earlier in the meeting.
He also reminded everyone to vote on April 9`h.
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Trustee Wolin gave a brief update on the electric aggregation program and the
committee's decision to hire a consultant to assist the Village with the next program.
Trustee Aktipis recognized Trustee Wolin for his pioneer work with the electric
aggregation program.
Resident Tony DiCanio wished everyone a Happy and Holy Easter.
D. VILLAGE ATTORNEY - NONE
E. VILLAGE PRESIDENT
Chief Kruger thanked everyone who supported the Special Olympics fundraiser at
Labriola. He also stated that two new recruits will start the following week and that the
Honor Guard participated at the DuPage County Chiefs of Police Association 50th
anniversary celebration.
Chief McEllin wished everyone a Happy Easter.
Sports Core Director VanDyke stated that the Golf Clubhouse will be opened for
business starting April 3`a
Public Works Director Hullihan asked everyone to be aware of Public Works crews on
the streets.
Community Development Director Kallien discussed the Zoning Board meeting to be
held the following week.
12• ADJOURNMENT TO CLOSED SESSION, For the purpose of discussing (1) sale
Litigation matters, (2) appointment, employment, compensation, discipline, performance,
or dismissal of specific employees of the public body, (3) minutes of meetings lawfully
closed under this act matters pursuant to Section 2c(11), 2c(1), and 2c(21) of the Illinois
Open Meetings Act, respectively.
Motion by Trustee Aktipis, seconded by Trustee Moy, to adjourn to closed session for the
purpose of discussing (1) sale Litigation matters, (2) appointment, employment,
compensation, discipline, performance, or dismissal of specific employees of the public
body, (3) minutes of meetings lawfully closed under this act matters pursuant to Section
2c (11), 2c (1), and 2c (2 1) 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
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This meeting was adjourned to Closed Session at 9:26 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Yusuf, to adjourn the Regular Meeting of
the Board of Trustees at 11:06 pm. VOICE VOTE: Motion carried.
ATTEST:
Is /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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