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Minutes - 04/10/2012 - Board of TrusteesMINUTES OF THE APRIL 10, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 24, 2012. 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., 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. 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. C. IRMA MANAGEMENT ASSESSMENT PROGRAM (IMAP) AWARD Assistant Manager Wing stated that as a member of IRMA, the Village goes through a thorough risk management assessment every three years. In the Village's 2008 assessment, it was noted that the Village did not have a clearly defined risk management plan. Staff was tasked with getting the Village's risk management area updated. He is happy to report that staff has been doing that and more, which is reflected in the $650,000+ premium savings since the last review and earning IRMA's IMAP Accreditation. IRMA Executive Director, Larry Bush, formally awarded the Village of Oak Brook with its first ever IMAP award as well as provided a brief PowerPoint presentation. VILLAGE OF OAK BROOK MINUTES Page I of 12 REGULAR MEETING OF APRIL 10, 2012 D. PROMOTION OF DEPUTY CHIEF JASON CATES President Lalmalani stated that he and the Board are pleased to announce the promotion of Lt. Jason Cates to Deputy Chief of the Oak Brook Police Department. He stated Jason began his career with the Oak Brook Police Department in 1992, was promote to Sergeant in 2000 and promoted again in 2006 to Lieutenant. He thanked Jason for his unending service to the Village. Chief Kruger stated he is pleased to announce his selection of promoting Lt. Jason Cates to Deputy Chief. He stated that the Police Administration is now in place and that he looks forward to a long working relationship with Jason Cates and the Village. Clerk Pruss administered the Oath of Office of Deputy Chief to Jason Cates. Deputy Chief Cates thanked President Lalmalani, Trustees, and Chief Kruger. He stated that he, Lt. Weber, and Lt. Shuey work as a team and will continue to do so. He also stated that Oak Brook has some of the best Police Officers in DuPage County and is excited about many new community programs that Chief Kruger is starting. He further stated he appreciates everyone's support and looks forward to working with Chief Kruger. RECESS Motion by Trustee Zannis, seconded by Trustee Yusuf to recess for fifteen (15) minutes and reconvene at 7:35 pm. VOICE VOTE: Motion carried. The meeting was recessed at 7:18 pm. RECONVENE The Regular Board of Trustees meeting was reconvened at 7:38 pm. 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., 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. President Lalmalani stated that he, Trustee Zannis, and Finance Director Dangles attended a breakfast meeting hosted by ICSC (International Council of Shopping Centers). The main topic was the Main Street Fairness bill that will hopefully pass this year. The bill will require online retailers to collect local sales tax from consumers. Trustee Zannis stated we need to raise awareness on this very important issue. VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF APRIL 10, 2012 President Lalmalani addressed the investigative report that was released by the BGA/Sun- Times regarding the Sheahan SLEP (Sherriff s Law Enforcement Personnel) matter and the Molaro lobbying contract matter. He stated that he, Trustee Manzo, and Assistant Manager Wing met with State Senator Dillard to discuss pension reform. State Senator Dillard has agreed to introduce legislation that would reduce the Village's liability by reversing the 2007 Molaro legislation, that would allow Sheahan to transfer his Chicago time to his Oak Brook pension. Attorney Friedman gave a brief overview of the Sheahan SLEP matter, how he intends to challenge the IMRF pension determination, and what the next steps are. Trustee Zannis asked Attorney Friedman if IMRF has a procedure in place that will notify an employer of changes made to a pension plan by an employee. Attorney Friedman stated there is not a procedure or policy in place. She stated that the Village should file a protest and insist on a procedural change. Attorney Friedman stated this is an issue that should be discussed with Senator Dillard. President Lalmalani stated that he, Trustee Moy, and Manager Niemeyer will be traveling to Springfield on April 25`h and will meet with Senator Dillard again. Trustee Zannis stated the Village should create a policy that requires employees to notify the Village of any changes made to their IMRF account. Trustee Aktipis agrees with Trustee Zannis' recommendation and reiterates that the Village had no notification of the changes made to Sheahan's pension. Trustee Wolin stated he also agrees with Trustee Zannis and would like Manager Niemeyer to send a letter to the Illinois Municipal League stating our experience with SLEP and IMRF and recommendations on improvements. Trustee Manzo stated that this is not an IMRF issue, but an issue of the political insiders benefiting themselves at the cost of tax payers. He stated this is an issue of a piece of legislation that favored one person in the entire State of Illinois. He stated he received many calls from residents wanting to know how this happened and what the Village plans on doing about it. He further stated that we need to stand up for the residents of Oak Brook by stopping political insider deals like this. Manager Niemeyer stated that this issue will be discussed further with Senator Dillard. He also stated that the SLEP program has been problematic for many towns over the years. He stated that the problem is that the program allows the entire financial burden to be put on the final town the employee worked for. It is a structurally flawed program that needs to be changed. Trustee Manzo asked why the SLEP program was allowed to be in Sheahan's contract VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF APRIL 10, 2012 Manager Niemeyer stated he does not know since the contract was approved prior to his employment with the Village. President Lalmalani stated that SLEP is mentioned in many pages of Sheahan's contract and he wonders how the contract was approved without review of the Village Attorney. Trustee Yusuf stated we have to push hard for legislation that mandates notification so that no other community gets caught off guard when something like this happens. He also stated that the Village and the current Police Chief have a fair contractual arrangement to insure this does not happen again. He further stated change is a good thing and there is only room for improvement. 4. RESIDENTNISITOR COMMENT Resident Mark Karambelas stated he met with Orion Galey from Christopher Burke Engineering and Village Civil Engineer Jim Bosma to discuss the Saddle Brook paving project and that the Saddle Brook subdivision is very excited about the project. Resident Al Knuth stated the current Board needs to learn from mistakes of prior Boards who did not seek legal advice when needed. Resident Lois Miller stated her unhappiness with the Park District's decision to cut down many trees to prepare for a field of artificial turf and recommends having a referendum on the Park District bond. Other residents and visitors who signed up to speak will do so during the agenda item. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 27, 2012 Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the Regular Board of Trustees Meeting of March 27, 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 April 6, 2012 - $102,367.69 Significant Items included in Above: 1) Odelson & Sterk, Ltd. - Legal Services — January and February, 2012 - $293.50 (FYI 2 — YTD - $4,829.89) 2) Seyfarth, Shaw, LLP —Legal Services —February and March, 2012 - $1,267.50 (FYI 2 — YTD - $53,327.69) VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF APRIL 10, 2012 B. Approval of Payroll for Pay Period Ending March 31, 2012 - $649,755.67 C. Community Development Referrals 1) Shah - 12 Chatham Lane — Variation 2) Lapinski and Rios — 606 Midwest Club Parkway — Variation 3) Appleyard - 506 Wood — Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts - NONE E. Budget Adjustments -NONE F. Ordinances & Resolutions 1) ORDINANCE 2012- ZO- MA -EXl -S -1332, An Ordinance Rezoning and Granting a Map Amendment on the Property Commonly Known as 2000 Clearwater Drive, Oak Brook, Illinois in the Village of Oak Brook 2) ORDINANCE 2012- ZO- V -EX -S -1335, An Ordinance Amending An Existing Special Use Permit Relating To Recreational Facilities In Central Park To Incorporate The Oak Brook Park District's First Master Plan And To Implement Phase One Improvements 3) ORDINANCE 2012- ZO- V -EX -S -1333, An Ordinance Granting A Variation From The Provisions Of Section 13- 12 -3h.2 Of Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak Brook Relative To Parking Spaces In The Required Front Yard For The Property At 600 Hunter Drive In The Village Of Oak Brook 4) RESOLUTION 2012- PP -ENG- CNTRCT -R -1171, A Resolution Approving and Authorizing the Execution of a Professional Services Agreement for Engineering Services By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd 5) RESOLUTION 2012 -PP- CNTRCT -R -1172, A Resolution Approving and Authorizing the Award and Execution of a Paving Contract By and Between the Village of Oak Brook and J.A. Johnson Paving Company 6) ORDINANCE 2012 -BU -S -1334, An Ordinance Amending the 2012 Budget 7) Ordinance 2012- PL -PD -G -970, An Ordinance Amending Ordinance G -134 of the Village Code of the Village of Oak Brook Pertaining to Sections 3 -1 -3 and 3 -1 -4 of Title 3 (Public Safety) with Respect to the Office of Police Lieutenant VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF APRIL 10, 2012 8) RESOLUTION 2012 -AG- HVAC -R -1173, A Resolution Approving and Authorizing the Execution of a Professional Services Agreement Relating to the Redesign of the HVAC System at Fire Station 2 By and Between the Village of Oak Brook and Kluber, Inc. Motion by Trustee Wolin, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: Cr 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 - NONE 8. BOARD & COMMISSION RECOMMENDATIONS A. Village of Oak Brook — Cemeteries — Proposed Text Amendment Trustee Wolin stated the recommended motion has four parts but he will recommend voting on parts a and b first and make a separate motion for parts c and d. Trustee Wolin stated that Mr. Feldman, who built the mausoleum, offered substantial funding to screen the mausoleum and beautify the area. He stated his offer is very generous and goes a long way to resolve the problem. He also stated that he strongly recommends the approval of parts a and b. Trustee Manzo stated that he attended meetings regarding the Feldman mausoleum and many residents made inaccurate statements. He stated the Village has never regulated cemeteries and should not start. He apologized to Alan Feldman and his family for being the topic of this debate. Motion by Trustee Wolin, seconded by Trustee Aktipis with respect to the cemetery issue, to receive the recommendation from the Plan Commission, and to initiate the preparation of an agreement with Bronswood Cemetery and Mr. Alan Feldman regarding a landscape screening plan along a portion of Adams Road. VOICE VOTE: Motion carried. Trustee Wolin stated that the second motion is controversial. He stated the Plan Commission voted unanimously on setting regulations for setbacks and mausoleum height. He also stated the cemetery is currently zoned institutional, which means no structure within 100 feet from a residential district and roadway. He then added that there is a need for clarification on whether a mausoleum is classified as a structure. He further stated he strongly supports this matter being referred to the Zoning Board of Appeals, VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF APRIL 10, 2012 conduct public hearings, and have a final determination made. Motion by Trustee Wolin, seconded by Trustee Aktipis with respect to the cemetery issue to refer this matter to the Zoning Board of Appeals, to conduct a public hearing, and consider recommending to the Village Board amendments to the zoning code on specific regulations, along the lines of the Plan Commission's recommendation. Any regulations would only apply prospectively. Trustee Wolin requested to amend his motion to add the following: When the Zoning Board of Appeals considers potential regulations; any regulations that are established are prospective only, affecting future structures. President Lalmalani accepted the amendment. Resident Cari Kremer stated her home is directly across from the mausoleum and they are negatively impacted by the structure. She stated she is disappointed with the Board's decision to allow the mausoleum to stay in its current location. She believes the Village was aware of the mausoleum being built. She also stated she called the Village for help and did not get it. She asked the Board to reflect on their decision tonight and to do the right thing. Trustee Yusuf pointed out that Trustee Aktipis has a mausoleum close to his residence to clarify the comment made by Cari Kremer that none of the Board members are in the same situation as her. Trustee Aktipis confirmed that he does have a mausoleum near his home. He believes that now is the time to consider proper regulations that will not violate anyone's rights, but protect them. Trustee Manzo stated that this is a cemetery issue. They have their own Board and have ordinances and by -laws. He stated residence have every right to argue violations of those ordinances and by -laws to the cemetery Board. He stated he opposes the Village regulating cemeteries for philosophical and budgetary reasons. He also stated regulating the cemeteries will open the Village to litigation. Community Development Director Kallien stated the cemetery was established in the late 1800's and was annexed into Oak Brook in 1962. He stated there are 4 mausoleums in the Bronswood Cemetery. Trustee Moy stated he stands with Trustee Manzo on this issue. He stated the Board has the responsibility to listen to all sides and aspects of an issue. He stated Mr. Feldman's daughter met a tragic death at an early age and he built the mausoleum to celebrate her life and to honor her in death. He stated he is also a father and would consider building a mausoleum for his loved, ones and would be emotionally devastated should anyone VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF APRIL 10, 2012 oppose it. He applauds Mr. Feldman for keeping his composure through all of this and amazed that he is willing to spend an additional $200,000 to landscape the mausoleum. He wants to make it clear that Mr. Feldman did nothing illegal. He further stated that the majority of communities in Illinois do not regulate their cemeteries since the State already does so. Trustee Zannis stated she believes the Village should regulate cemeteries. She feels the Board should not use the emotion of a tragedy to affect a decision that the Board has the responsibility of making that is in the best interest of all of our residents. She also feels that it is not right to use Mr. Feldman's name to evoke emotion in order to sway a decision. She stated we need to look at our municipality only. She feels that the properties adjacent to the cemetery have been negatively affected. She stated her responsibility is to ask property owners adjacent to the cemeteries how they feel about mausoleums being built and if the Village should regulate the cemeteries. She further stated whatever the decision is; it will be a lasting decision. Trustee Aktipis stated he agrees with Trustee Zannis' comments on how emotions should not be part of the decision. He feels Trustee Moy's comments were more of a personal nature than addressing the needs of the whole. He feels the Village needs to protect the rights of everyone, and the Village should consider regulations to protect the property values of those near cemeteries. He feels the Board should assign the matter to the Plan Commission and Zoning Board of Appeals. Resident Janice Wolak requested that Trustee Zannis remove herself from the discussion since she is a real estate agent. She sees this as a conflict of interest. She also stated residents who purchase homes near cemeteries should know what they got themselves into. Resident Doug Kremer stated all they requested is to know is what was happening at the cemetery before it happened. He does not believe that the Village was not aware of the mausoleum being built. He stated he has a problem with the way this issue has been followed. He stated there is no reason to put a mausoleum close to the road, especially since there are other areas in the cemetery available. Motion by Trustee Zannis, seconded by Trustee Manzo to table until the next Board meeting the motion of putting this item to the Zoning Board of Appeals. VOICE VOTE: Motion carried. Trustee Moy voted nay. 9. UNFINISHED BUSINESS — NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions — NONE VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF APRIL 10, 2012 C. Award of Contracts — NONE D. Authorizing the Use of Law Finns Charging More Than $200/Hour Trustee Manzo requested to amend the motion to include that if a Board meeting cannot take place, the Village Manager is to contact the Board for a consensus decision. Trustee Wolin stated expert attorneys do cost more money, but are warranted in certain cases. He also stated in some cases, it may be appropriate to seek bids from attorneys to give a fixed price. Trustee Manzo agrees with Trustee Wolin regarding receiving fixed priced bids from attorneys in certain cases. Trustee Aktipis stated that a majority of companies are working with their attorneys on a per case basis, rather than an hourly fee basis. He stated sometimes the expertise of an attorney matter more than an hourly rate. Trustee Manzo stated the purpose of this item is for the Board to have input prior to the actual services being rendered. Trustee Yusuf stated this does not preclude us from having an attorney with higher fees and does not hinder our ability to choose an attorney; it only adds another layer to the approval process. He feels if a not to exceed amount is tied to a proposal, it will be a big factor on deciding who to choose. Trustee Zannis stated that during her tenures on the Board, legal fees have been battled. She stated she is in support of this motion and it is a good protective measure. Trustee Moy feels the Board's duty is to provide policy, not to micro - manage. He also stated this is one area that needs attention prior to services being rendered and agrees with the motion. Manager Niemeyer stated staff does not have an issue with this motion and agrees with formalizing the process. President Lalmalani asked Trustee Manzo if he would object to adding an amendment to his motion to include receiving a price from attorneys on a per project basis with a cost ceiling. Trustee Manzo stated he would accept that amendment. Motion by Trustee Manzo, seconded by Trustee Zannis to direct the Village Manager to seek Village Board authorization before the future use of law firms who charge more than $200/hr, unless there is a disaster, emergency, reimbursable legal fees, and/or it is otherwise not practical or required due to legal deadlines; if a Board meeting cannot take VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF APRIL 10, 2012 place, the Village Manager is to contact the Board for a consensus decision; and include receiving a price from attorneys on a per project basis with a cost ceiling. VOICE VOTE: Motion carried. E. Polo Update Sports Core Director VanDyke stated Field #1 improvements have been completed. He stated a committee was formed and has met several times. The committee is ready to solicit sponsorship when the schedule is finalized. He stated players have been secured to play the last two Saturdays in August, and the first two Saturdays in September. Sports Core Director VanDyke stated that staff has been in contact with Mr. Kevin Kelleher from the Willow Harbor Vineyards and Polo Club. Mr. Kelleher operates a similar business in Michigan and would like to negotiate a multi -year agreement that would include running Polo. He stated he is very excited about the progress so far and that Polo is a go, with the possibility of a Cricket game as well. Trustee Manzo stated he is extremely happy with the progress being made. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated Sports Core Director VanDyke has been working hard on Polo for the last several weeks and feels the Village in on the right track. Manager Niemeyer stated that so far 5 restaurants, music, and the beverage tent are lined up for the Taste of Oak Brook. He also stated new things for this year's event include an American Heart Association tent, Whole Foods cooking demonstration, and new sponsorship. More information will be forthcoming. B. VILLAGE CLERK Clerk Pruss reminded everyone to register to vote. She stated that some library staff can register people to vote as well. Clerk Pruss reminded everyone of the Branching Out Event at the Library on Saturday, April 14, from 1 — 4 pm. C. TRUSTEES Trustee Yusuf stated the cemetery issue is a balance of the cemeteries rights with the possibility of some restrictions. He is hoping this issue will be worked out in a reasonable manner that addresses the concerns of one party and protects the rights of another. Trustee Moy gave Assistant Manager Wing credit for the IRMA savings the Village is receiving. VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF APRIL 10, 2012 Trustee Aktipis stated credit should also be given to the former finance committee. Manager Niemeyer thanked Assistant Manager Wing and stated all departments worked hard to reduce IRMA costs. D. VILLAGE PRESIDENT Chief Kruger thanked the Board for the wonderful ceremony at the beginning of tonight's meeting. Finance Director Dangles stated the January sales were up 8% from last year, and year to date, we are up 1.7 %, which amount to almost $245,000. Assistant Manager Wing thanked all the Directors and employees for looking at safety and helping reduce IRMA costs. Public Works Director Hullihan reminded all homeowners with irrigation systems to apply for the Flagg Creek Irrigation Credit that is due in June. He also stated the details on how to apply for the credit are on the Village's website. Community Development Director Kallien stated the Pin Stripes and HUB Group projects will add in excess of $30,000,000 to the value of Oak Brook. 12. ADJOURNMENT TO CLOSED SESSION For the purpose of discussing (1) collective negotiating matters, (2) pending, probable, or imminent litigation matters, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(2), 2c(11), and 2c(21) of the Illinois open meetings act, respectively Motion by Trustee Yusuf, seconded by Trustee Zannis to adjourn to closed session for the purpose of discussing (1) collective negotiating matters, (2) pending, probable, or imminent litigation matters, and (3) minutes of meetings lawfully closed under this act pursuant to section 2c(2), 2c(11), and 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 9:25 pm. RECONVENE The Regular Board of Trustees meeting was reconvened at 10:11 pm. VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF APRIL 10, 2012 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. 15. APPROVAL OF CLOSED MEETING MINUTES Motion by Trustee Aktipis, seconded by Trustee Wolin to approve Closed Meeting Minutes of December 8, 2009 — 1, December 8, 2009 — 2, August 2010, September 14, 2010, September 28, 2010, October 12, 2010 — 1, and October 12, 2010 — 2. VOICE VOTE: Motion carried. 16. ADJOURNMENT Motion by Trustee Zannis, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 10:12 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF APRIL 10, 2012