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
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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)
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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,
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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
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