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Minutes - 05/22/2012 - Board of TrusteesMINUTES OF THE MAY 22, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JUNE 12, 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; 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 reported that Oak Brook's Commercial Area Revitalization Plan was selected as a runner up for the 2012 Chaddick Award. The prestigious award is from the Chaddick Institute, a planning group that is part of DePaul University. The Village will receive this award at a ceremony on June 7th. He stated the selection committee was impressed with how Oak Brook reached out to residents via the homeowner newsletter and included the plan commission in the process. He also stated the committee noted how these actions resulted in agreements to implement pro business changes, including an impressive sign code modernization. President Lalmalani stated that he is disappointed that in the remaining weeks of the Illinois General Assembly's legislative session, some legislators seem intent on using municipal revenue to solve other problems. He stated the bill Speaker Madigan introduced, which would take more than $1 billion in revenue from municipalities to help fund the teacher's pension program, has not been heard in committee. He also stated that Senate Democratic leadership proposed a bill that would take away some income tax revenue, as much as $32,000 per year from Oak Brook, to help fund the state's budget. He also stated that the Village will be closely watching what is going on in Springfield and have been aggressively contacting legislatures to voice the Village's objections. He further stated that a press release will be posted on the Village website with information VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF MAY 22, 2012 on how to contact legislators to oppose the proposed cuts. President Lalmalani stated that the Village received copies of a re -filed lawsuit from Sky Bar, Tom Sheahan, and John Craig and that our insurance carrier, IRMA, has been given a copy of the suit to review. He stated the Village will be defending this lawsuit vigorously. President Lalmalani stated that Oakbrook Terrace opted in the video gaming program. President Lalmalani congratulated Police Chief Kruger on being chosen to participate in this year's Bosslift sponsored by the Employer Support of the Guard and Reserve. He stated the trip is on a military C -130 to Gulfport, Mississippi for three days. Chief Kruger will be given a tour of the military facilities and will observe Illinois units on training missions. 4. RESIDENTNISITOR COMMENT Trustee Aktipis stated that it has been implied that the enhanced pension that former Police Chief Sheahan is attempting to collect is a result of a conspiracy among Village officials, but no specific evidence has been presented explaining how this unlikely scenario may have occurred. He requested a thorough investigation. He stated that at a minimum, the investigation should try to answer the following questions: • Was there a legal, moral, or ethical violation by the Quinlan Administration in selecting the Police Chief, negotiating, and approving a contract? • At the time that Sheahan was hired, was there anything unique about the inclusion of the SLEP provision in his contract? • Short of monitoring every bill passed in Springfield, was there any way for the Village Administration or Trustees to know that a bill was passed that would enhance the Police Chief's pension? • Was there a legal, moral, or ethical violation by the Craig Administration in hiring Molaro and Thomson, negotiating, and approving a contract? • Is there any evidence that suggests a connection between the SLEP provision in Sheahan's contract and the hiring of Molaro? • Does Molaro's and Thomson's past track record show them to be effective lobbyists? • Did their hiring benefit the Village in the 22nd Street widening and street signalization project? He also stated that he agrees with Trustee Wolin and proposed that the investigation should be expanded to include the tenure of former Chief Sheahan, as was planned prior to the most recent election. In conclusion, he stated that an investigation is not only becoming timely but it should provide answers that may be helpful to the Village in defending the new lawsuit filed by former President Craig and former Chief Sheahan. Resident Mark Karambelas stated that he met with employees from the Public Works VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF MAY 22, 2012 Department regarding repaving Saddlebrook Subdivision and was very impressed with their proactive approach. He also stated that he met with Manager Niemeyer regarding the property at 35 and Meyers and is now more at ease. He thanked the Fire and Police Departments. He further stated that the Board needs to work as a team to fix the problems they are faced with today. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 8, 2012 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Board of Trustees Meeting of May 8, 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 May 18, 2012 - $1,041,139.25 Significant Items included in Above: 1) Rathje & Woodward, LLC —Legal Services —April, 2012 - $3,333.33 (FY12 — YTD - $13,357.03) 2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — March, 2012 - $14,483.93 3) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — April, 2012 - $13,701.82 (FY12 — YTD - $36,732.50) 4) Hervas, Condon & Bersani, P.C. - Legal Services — April, 2012 - $5,950.54 (FY12 — YTD - $13,124.22) 5) Seyfarth, Shaw, LLP - Legal Services — April, 2012 - $2,052.40 (FY12 — YTD - $55,380.09) 6) DuPage Water Commission - April, 2012 - $214,080.79 7) SKC Construction, Inc.— 2012 Crack Sealing — Payout #1 - $39,382.20 8) State of Illinois Treasurer — Jorie Blvd. LAPP —VOB Share — Final Payment - $140,288.72 B. Approval of Payroll for Pay Period Ending May 12, 2012 - $666,808.25 C. Community Development Referrals - NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts — NONE E. Budget Adjustments - NONE F. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 3 of 11 REGULAR MEETING OF MAY 22, 2012 1) RESOLUTION 2012- AG -MCD- TASTE - FRWRKS -EX -R -1179, A Resolution Approving a Sponsorship Agreement By and Between McDonalds Corporation and the Village of Oak Brook for McDonalds Corporation to Sponsor the Independence Day and Taste of Oak Brook Fireworks Show 2) RESOLUTION 2012 -LY -R -1181, A Resolution Authorizing and Directing the Oak Brook Public Library to Participate in the Non - Resident Library Card Program from July 1, 2012 to June 30, 2013 3) ORDINANCE 2012- ST- NC -MA -G -973, An Ordinance Changing the Name of Hunter Drive to 22nd Street in the Village of Oak Brook 4) ORDINANCE 2012- LY -EX -S -1338, An Ordinance Adopting a Revised Collection Management Policy for the Village of Oak Brook Public Library 5) ORDINANCE 2012- LC -AL -G -972, 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 G. Monthly Treasurer's Report — April 30, 2012 Motion by Trustee Aktipis, seconded by Trustee Manzo, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Moy, Manzo, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried ITEMS REMOVED FROM CONSENT AGENDA 6.A. 1) Rathje & Woodward, LLC — Legal Services — April, 2012 - $3,333.33 (FY12 — YTD - $13,357.03) 6.A. 2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — March, 2012 - $14,483.93 6.A.3) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services — April, 2012 - $13,701.82 (FY12 — YTD - $36,732.50) 6.A.4) Hervas, Condon & Bersani, P.C. - Legal Services — April, 2012 - $5,950.54 (FY12 — YTD - $13,124.22) VILLAGE OF OAK BROOK MINUTES Page 4 of I l REGULAR MEETING OF MAY 22, 2012 6.A. 5) Seyfarth, Shaw, LLP - Legal Services — April, 2012 - $2,052.40 (FY12 — YTD - $55,380.09) Trustee Zannis requested that a year -to -date combined total for all legal expenses be added to the agenda moving forward. Motion by Trustee Zannis, seconded by Trustee Aktipis to approve items 6.A.1, 6.A.2, 6.A.3, 6.A.4, and 6.A.5. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Moy, Manzo, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried 8. BOARD & COMMISSION RECOMMENDATIONS A. Shah — 12 Chatham Lane — Variation — Reduce Rear Yard (York Road) Setback to 40 Feet — To Allow Construction of a Single Family Residence Trustee Yusuf stated that the issue of the 100 foot setback along York Road should be reviewed. Trustee Moy stated the code on setbacks for the major thoroughfares in Oak Brook have a 100 foot setback just in case they need to be widened in the future. He agrees that the original codes need to be redone to accommodate home owners as a whole rather than on an individual basis. Community Development Director Kallien stated that a few years ago, the Plan Commission and the Zoning Board looked at the setbacks along York Road, 22nd Street, and 3151 Street, and made a recommendation to the Board. The Board at that time tabled the matter and deferred it to the Committee of the Whole. The Committee of the Whole meeting never took place. He stated he will bring the recommendation to the current Board for a decision to either approve or send back to the Plan Commission and Zoning Board for further study. Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13 -3 -5 to permit the construction of a new single - family home at 12 Chatham Lane subject to the following conditions; 1) The proposed single - family home shall be constructed in substantial conformance with the approved site plan dated March 19, 2012 depicting an approximate 46.6 foot rear yard setback along York Road 2) Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application VILLAGE OF OAK BROOK MINUTES Page 5 of I I REGULAR MEETING OF MAY 22, 2012 except as specifically varied or waived "; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the June 12, 2012 Board of Trustees Meeting. VOICE VOTE: Motion carried. B. Lapinski and Rios — 606 Midwest Club Parkway — Variation — Side Yard Setback and Rear Yard Setback (Oak Brook Road) — To Allow the Construction of an Addition Motion by Trustee Moy, seconded by Trustee Aktipis to concur with the recommendation from the Zoning Board of Appeals and approve the requested variations to Section 13 -6C- 3F.2 to allow a 2 foot encroachment into the required 12 foot side yard setback and 13 -3 -5 to allow a 7 foot encroachment into the required 60 foot rear yard setback to permit the construction of an addition to an existing single - family home at 606 Midwest Club Parkway subject to the following conditions; 1) The proposed building addition shall be constructed in substantial conformance to the approved plans dated March 23, 2012 2) Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived "; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the June 12, 2012 Board of Trustees Meeting. VOICE VOTE: Motion carried. C. Appleyard — 506 Wood Road —Variation to Front Yard and Side Yard (Wood Road) Setbacks — To Allow the Construction of an Addition and Detached Garage Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation from the Zoning Board of Appeals and approve the requested variations to Section 13 -6B- 317.1, Section 13- 613- 3F.2(a), Section 13- 3- 6A.3(b) and 13- 3- 6A.3(h) to permit the construction of additions to an existing single - family home and a new detached garage at 506 Wood Road subject to the following conditions; 1) The proposed building additions shall be constructed in substantial conformance to the approved plans dated April 16, 2012 2) Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the June 12, 2012 Board of Trustees Meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS —NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions 1) ORDINANCE 2012- PD -OF -G -971, An Ordinance Amending Title 6, Chapter 1, VILLAGE OF OAK BROOK MINUTES Page 6 of I I REGULAR MEETING OF MAY 22, 2012 Section 9 of the Village Code Regarding Offenses Relating to Synthetic Drugs Trustee Wolin stated that drugs continue to be a growing problem everywhere and that this is an important ordinance. Chief Kruger stated that over the last several years there has been a rise in the use of synthetic drugs. The Legislature in Springfield updated the statute passed several years ago outlawing synthetic drugs, and many municipalities chose to pass local ordinances that are much stricter and easier for police departments to enforce. He stated the ordinance outlines a list of synthetic drugs and bath salts used for illicit purposes, and outlaws the use, sale, possession, and delivery. He further stated that the ordinance was fashioned in a way that does not make the list limiting. Trustee Wolin asked if the products are standard or modified. Chief Kruger stated that because the products are not regulated, the strength of the compounds is unknown. He also stated that the products are labeled "not for consumption", but the packaging and names clearly indicate otherwise. President Lalmalani stated that it is unknown what many of the compounds are. He also stated that many of the products come from China. Trustee Moy stated this is becoming a major problem and he treated many kids in the emergency room who have taken synthetic drugs. He also stated there is no way of testing for the synthetic drugs. Trustee Aktipis stated that there can be toxic byproducts are that formed in synthetic drugs due to no regulations. Motion by Trustee Wolin, seconded by Trustee Moy to amend Title 6, Chapter 1, Section 9 of the Oak Brook Code of Ordinances to prohibit the possession and sale of synthetic drugs in the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Moy, Manzo, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried 2) RESOLUTION 2012- GR- IDOT -EXl -R -1182, A Resolution Authorizing the Village of Oak Brook to Apply for the Illinois Transportation Enhancement Grant Trustee Zannis stated that in 2010, Oak Brook applied to a similar grant and was a recipient of that grant. The grant provided funding for streetscape improvements on 22 "d Street, from Spring Road to Salt Creek. The Village is now starting to use the money VILLAGE OF OAK BROOK MINUTES Page 7 of l l REGULAR MEETING OF MAY 22, 2012 relative to beautification. Public Works Director Hullihan presented a PowerPoint presentation on the enhancement details for Oak Brook due to the grant received. Motion by Trustee Zannis, seconded by Trustee Wolin to approve Resolution R -1182, authorizing Village staff to submit the Illinois Transportation Enhancement Grant Application in the amount of $1,661,413. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: I — Trustee Manzo Motion carried C. Award of Contracts — NONE 11. INFORMATION & UPDATES A. VILLAGE MANAGER Lina Shah, incoming President of the Oak Brook Women's Club, stated she looks forward to serving as President and encouraged everyone to join. She stated that there are about 500 members. She is very proud of the organization and proud to represent Oak Brook. Trustee Moy stated that the success of the Oak Brook Women's Club has to be applauded and wishes them continued success. Manager Niemeyer gave a brief update on the Taste of Oak Brook restaurants, music, children's activities, and sponsorships. Manager Niemeyer stated that Assistant Manager Wing is at an International Shopping Center Conference. He also stated that the first economic development brochure, developed by the Village and the Chamber, was created and will hopefully promote new businesses to come to Oak Brook. B. VILLAGE CLERK Clerk Pruss discussed the Illinois Law Enforcement Torch Run for Special Olympics. She stated the goal is to raise money and gain awareness for the athletes who participate. All donations and proceeds raised go to this program. She also stated that the Oak Brook Police Department Honor Guard and the Law Enforcement Torch Run Special Olympics will be at the at the Chicago Rush Arena football game on July 8`" and encouraged everyone to attend. VILLAGE OF OAK BROOK MINUTES Page 8 of 11 REGULAR MEETING OF MAY 22, 2012 C. TRUSTEES Trustee Zannis stated that she supports Trustees Aktipis' earlier comments. She stated the citizens of Oak Brook have been at a disadvantage not being able to hear the Board debate some of the issues. She also stated she was in support of the police department investigation but was outvoted. Trustee Moy stated he also supports Trustee Aktipis' point on an investigation and hopes that the Village does not make similar mistakes in the future. Trustee Aktipis thanked Trustees Zannis and Moy and stated that the investigation is important to shed some light on the issue since it is part of the pending lawsuit. Trustee Manzo thanked McDonalds for their generous donation for the Taste of Oak Brook. He discussed the Sheahan/Molaro pension issue and stated fraud is never a coincidence but done by design. He stated Oak Brook residents deserve to know what is going on and supports an investigation. Trustee Wolin clarified that there are two separate issues that need to be investigated. One is the pension obtained by former Police Chief Sheahan and the other is the pending lawsuit filed by the Sky Bar, Tom Sheahan, and John Craig. He is in favor of the investigation and feels that the situation is complicated by the fact that there is now an active lawsuit. Trustee Zannis requested to be part of the group to interview investigators. President Lalmalani stated the Trustee Liaisons for legal will be conducting the interviews but the Board will be selecting the investigator as a group. Trustee Aktipis supported Trustee Zannis' request to be part of the group of interviewers. D. VILLAGE ATTORNEY -NONE E. VILLAGE PRESIDENT Chief Kruger stated that his staff diligently prepared for the NATO summit and is happy to say that everything went smoothly. He also stated the Starcomm 21 radio system was deployed in DuPage County in preparation for the summit. He also mentioned his upcoming participation in the Bosslift. Chief McEllin reminded everyone of the summer construction season. He asked everyone to be careful on the roads. Sports Core Director VanDyke stated the Bath and Tennis Clubhouse will open this weekend and encouraged everyone to join. Library Director Madorin thanked everyone who participated in the recycling event. She stated it was very successful. VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF MAY 22, 2012 Community Development Director Kallien stated the HUB demolition should begin next week, Pin Stripes should open by the end of September, and about a half dozen new homes will be built in Oak Brook. He also stated that in the upcoming weeks, he expects good news about the reuse of the Renaissance Hotel. 12. ADJOURNMENT TO CLOSED MEETING for the purpose of discussing (1) the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, (2) litigation matters, (3) purchase or lease of real property pursuant to section 2c(1), 2c(11), and 2c(5) of the Illinois open meetings act, respectively. Motion by Trustee Zannis, seconded by Trustee Yusuf to adjourn to closed meeting for the purpose of discussing (1) the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, (2) litigation matters, (3) purchase or lease of real property pursuant to section 2c(1), 2c(11), and 2c(5) 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 Meeting at 8:18 pm. 13. RECONVENE The Regular Meeting of the Village Board of Trustees was reconvened by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 9:39 p.m. 14. 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, and Elaine Zannis. ABSENT: Trustee Asif Yusuf IN ATTENDANCE: Tom McEllin, Fire Chief 15. FIRE DEPARTMENT PROMOTION Motion by Trustee Moy, seconded by Trustee Zannis to approve the recommended proposal and direct staff to promote a firefighter to fill the vacant lieutenant position. This option will continue the excellent level of service provided to Oak Brook Residents. ROLL CALL VOTE: Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Zannis Nays: 0 — None VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OF MAY 22, 2012 Abstain: 0 — None Absent: 1 — Trustee Yusuf Motion carried 16. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 9:40 pm. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page I 1 of 11 REGULAR MEETING OF MAY 22, 2012