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Minutes - 06/14/2011 - Board of TrusteesMINUTES OF THE NNE 14, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 26, 2011. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 pm. 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; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief, Sue Madorin, Library Director; Steve Larson, Police Department Consultant; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani gave an update of the previous week's events that he and the Trustees attended. President Lalmalani discussed the red light camera on 22nd Street and 83`d being discussed by the Oakbrook Terrace City Council. President Lalmalani stated that he met many of the surrounding towns' Mayors and Presidents and had discussions about shared services. President Lalmalani stated that he, Trustee Zannis, Manger Niemeyer, and Anthony Chiarito traveled to Springfield to discuss the issues that Oak Brook is facing. President Lalmalani stated that the Oak Brook Fire Department partnered with the American Heart Association and others on Project SMILE. Project SMILE stands for "Saving More Illinois Lives Through Education ". The goal is to educate adults to recognize and respond to life - threatening emergencies before professional help arrives. This includes hands only CPR which simplifies what a bystander needs to remember in order to perform CPR. Hands only CPR involves calling 911 and chest compressions. Additional information can be found at www.handsonlycnr.ore. Trustee Moy stated that he will be giving a lecture on CPR updates, both basic and advanced, at the Oak Brook Park District on July 21" at 6:30 pm. VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING JUNE 14, 2011 Trustee Zannis gave a brief report on the Springfield trip. She stated that she, President Lalmalani, Manager Niemeyer, and the Gateway Homeowners Association President Anthony Chiarito, traveled to Springfield on May 26's to lobby State Officials, primarily to oppose the Local Government Distributive Fund (LGDF), and to also lobby for support for additional Village efforts. She stated that our lobbyists arranged meetings with many key public officials. She also stated the three main issues that were looked at to promote support for Oak Brook are: 1) Support of legislation to allow non home rule communities to spend hotel tax funds on general operations; 2) The Village's continuing efforts with Flagg Creek; and 3) Funding for the distributor bus program that we currently have a $1,000,000 grant for. She further reported on the other issues that were discussed during the trip such as ComEd issues, the Capital Bill, Residential Electric Aggregation, and Sound Walls. 4. RESIDENTNISITOR COMMENT Resident William Lindeman commented on two agenda items. First, the Board of Fire & Police Commission appointments, and second the extension of the PSI contract. Resident Cathy Giangrasse stated she supports the extension of the PSI contract and asked the Board to approve it at tonight's meeting. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF May 10, 2011 Motion by Trustee Manzo, seconded by Trustee Wolin to approve the Minutes of the Regular Board of Trustees Meeting of May 10, 2011. 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 June 10, 2011 - $2,304,184.19 Significant Items included in Above: 1) Seyfarth Shaw, LLP — Legal Services — April, 2011 - $487.50 2) Illinois State Toll Highway — Payout #3 — I88 (York to Route 83) - $1,670,000.00 3) Martam Construction — Payout #1 — 2011 Water Main Replacement Project - $150,436.26 4) Christopher B. Burke Engineering — Payout #2 — 2011 Paving Project — Design - $23,037.47 5) Fire Service, Inc. — Payout #I — Refurbishment of Ladder Truck - $64,000.00 B. Approval of Payroll for Pay Period Ending May 28, 2011 - $627,309.21 C. Community Development Referrals — NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts: VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING JUNE 14, 2011 1) 2011 Miscellaneous Paving Project E. Budget Adjustments — NONE F. Ordinances & Resolutions 1) Ordinance 2011- PW- WPA -EX2 -S -1312, An Ordinance Adopting the Prevailing Wage Standards for the Village of Oak Brook, Illinois 2) Ordinance 2011 -LY -EXI -S -1313, An Ordinance Readopting and Amending the Reference Policy for the Oak Brook Public Library 3) Resolution 2011 -AG -EXI -R -1103, A Resolution Approving and Authorizing the Execution of an Indemnification and Sponsorship Agreement By and Between the Village of Oak Brook and McDonald's Corporation G. Award of Contracts — NONE H. 2011 Miscellaneous Paving Project - Local Agency /State Agreement I. 2011 Miscellaneous Paving Project— Motor Fuel Tax Resolution J. DuPage Mayors and Managers Conference 2011 -2012 Membership Dues and Annual Debt Service Assessment K. Health Insurance Motion by Trustee Wolin, seconded by Trustee Manzo 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. 7. ITEMS REMOVED FROM CONSENT AGENDA — NONE 8. BOARD & COMMISSION RECOMMENDATIONS — NONE 9. UNFINISHED BUSINESS A. 2010 Water Main Replacement Project — 35th Street (Meyer Rd. to Cass Ct.) — North Half of Timber Trail Subdivision — Change Order #6 and #7 Trustee Wolin stated this was discussed at a prior meeting, and it has to do with water VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING JUNE 14, 2011 main leaks occurring after the 2010 Water Main Replacement Project along 350' Street was completed. The leaks were due to a stainless steel coupling that was used. Board members questioned who was responsible. Trustee Wolin asked Public Works Director Hullihan to discuss and clarify what exactly happened. Public Works Director Hullihan stated that the first change, costing $18,000, is regarding the repair of nine leaks along the new 351h Street water main. He stated originally, for the first few leaks, the contractor was being held fully responsible. However, as more leak repairs occurred the Village examined the whole situation and determined that the contractor was not fully responsible. He also stated the second change, costing an extra $6,652, is regarding extra time, equipment, and labor spent on the entire project correcting pre - project right -of -way drainage issues in areas that already were disturbed from the new water main installation. He further stated the third change is a reduction of the contract amount due to elimination of unused estimated quantities of work. Motion by Trustee Wolin, seconded by Trustee Zannis that the Village Board approve Change Order #6 which increases the previously changed contract by $24,652 and Change Order #7 which decreases the contract by $5,751.07, determine that these change orders are in the best interest of the Village and are authorized by law. The new contract price, including this change order, will be $1,926,585.99 which is 1.7% more than the original contract amount of $1,893,810. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) Oak Brook Board of Fire & Police Commissioners — John Baar President Lalmalani requested the Board to approve the appointment of John Baar to the Oak Brook Board of Fire & Police Commission. Mr. Baar is currently an Assistant Principal at the Butler School and has previously served as a member and Chairman of the Oak Brook Board of Fire & Police Commission for thirteen years, was a former member and President of the Oak Brook Civic Association and current President of York Woods Community Association. He has been an Oak Brook resident for twenty years. Motion by Trustee Yusuf, seconded by Trustee Wolin to approve the appointment of John Baar to the Oak Brook Board of Fire & Police Commission for a term to expire in May 2014. NO VOTE TAKEN Motion by Trustee Aktipis, seconded by Trustee Zannis to table the appointments to the Oak Brook Board of Fire & Police Commission due to high turnover. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING JUNE 14, 2011 Ayes: 3 — Trustees Aktipis, Moy, and Zannis, Nays: 4 — Trustees Manzo, Wolin, Yusuf, and President Lalmalani Abstain: 0 — None Absent: 0 —None Motion fails. Motion by Trustee Zannis, seconded by Trustee Aktipis to continue this conversation in tonight's closed session regarding the appointment of John Baar to the Oak Brook Board of Fire & Police Commission and then vote on it at the end of the meeting. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried. Trustee Manzo stated that a meeting to discuss the candidates has already taken place and does not see any further reason to delay this appointment. President Lalmalani stated all Trustees were invited to the interviews. Trustee Zannis stated she was unable to attend the meeting and has very specific questions that could not have been asked during the previous meeting. Trustee Yusuf asked Attorney Friedman if this can be moved to closed session and voted on after. Attorney Friedman stated yes. Trustee Manzo stated that if Trustee Zannis' questions were not appropriate to ask at the previous meeting, they are not appropriate to ask at tonight's meeting. Trustees Yusuf and Wolin stated they are comfortable with continuing this discussion in closed session as long as it will be voted on tonight after reconvening. Trustee Aktipis stated that the delay in the vote is not a question of the qualifications of the candidates. 2) Oak Brook Board of Fire & Police Commissioners — Ed Main President Lalmalani stated that he would like the Board to appoint Ed Main to the Oak Brook Board of Fire & Police Commission. Mr. Main is currently a Facility Manager with Standard Parking. He held two terms as a Trustee for Wheeling Township and has served as a member and former chairman of the Board of Fire & Police Commission for the Village of Wheeling. He has been an Oak Brook resident for twelve years. Motion by Trustee Manzo, seconded by Trustee Aktipis to appoint Ed Main to the Oak Brook Board of Fire & Police for a term that expires in 2013. NO VOTE TAKEN VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING JUNE 14, 2011 Motion by Trustee Zannis, seconded by Trustee Moy to amend the motion to postpone the vote until after the executive session so she can ask some very specific questions about this appointment. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) Resolution 2011 -GL-CWE-R- 1105, A Resolution Urging the Governor to Modify Smart Grid Bill Trustee Manzo stated he does not have a problem with the Smart Grid, but has a problem having to pay for it. Trustee Wolin stated he is in favor of paying for the Smart Grid, however, the way the current legislation is written, it does not provide proper safe guards to ensure whatever rate increases are given are fair. Trustee Zannis stated that the ComEd lobbyist said there is no guarantee as to when the smart grid will be in place. Trustee Yusuf stated that there is a process the ICC uses to review rate increases. He does not want to see this process compromised as allowed by the current legislation. He also stated he does not have a problem with the concept but would like to see rate increases to go through the ICC, not the legislatures. Motion by Trustee Manzo, seconded by Trustee Wolin to approve Resolution 2011 -GL- CWE -R -1105, A Resolution Urging the Governor to Modify Smart Grid Bill. VOICE VOTE: Motion carried. 3) Ordinance 2011 -GL- ELEC -S -1314, An Ordinance Authorizing an Electricity Aggregation Program Pursuant to the Illinois Power Agency Act Trustee Wolin stated he anticipates the Residential Electric Aggregation Program to save residents approximately 10% - 20% on electricity bills. He also stated that residents are not obligated to go to a new supplier. He also stated that ComEd will continue to maintain the service and billing. He further stated this ordinance allows the Village to go to the next step. Motion by Trustee Wolin, seconded by Trustee Zannis that the Village Board approve Ordinance 2011 -GL-ELEC-S- 1314, An Ordinance Authorizing an Electricity Aggregation Program Pursuant to the Illinois Power Agency Act. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 — None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING JUNE 14, 2011 4) Resolution 2011 -GL- FED -EX2 -R -1106, A Resolution Opposing the Change in Congressional Representation Maps Trustee Manzo stated the change in congressional representation maps is unfair and promotes business as usual in the State of Illinois. He stated the change in maps do not represent resident's interests and are politically motivated. He also stated the reason for the maps is to represent residents that have similar concerns. Trustee Yusuf stated this sort of stuff has happened for years and he wonders what legislatures were thinking when they drew up this map. Trustee Aktipis stated the proposed changes in maps violate the interest of residents. He also stated that passage of this resolution may seem as if the Village is antagonizing Springfield and will vote against it. Trustee Zannis asked if other communities passed similar resolutions. Manager Niemeyer stated it does not appear so. Motion by Trustee Manzo, seconded by Trustee Zannis to approve Resolution 2011 -GL- FED-EX2-R- 1106, A Resolution Opposing the Change in Congressional Representation Maps. VOICE VOTE: Motion carried (Trustee Stelios voted no). C. AWARD OF CONTRACTS 1) Resolution 2011- AG -EXI -R -1104, A Resolution Approving and Authorizing the Execution of a Agreement Between Paramedic Services of Illinois, Inc. and the Village of Oak Brook Trustee Moy stated this is a resolution to renew the current contract with Paramedic Services of Illinois (PSI). He stated being an ER doctor, he has worked with PSI paramedics and they are capable and extremely qualified. Chief McEllin stated that the Village has had a professional service agreement with PSI since 1989. He stated that staff is recommending renewing the current contract based on past performance and a current cost comparison of other towns. He also stated PSI supplements our current firefighters and paramedics. The rate increase for the term of the agreement will be 2.5% per year. Trustee Manzo stated there is no disharmony between our fire department personnel and PSI personnel. He stated they all work very well together for the safety of our residents. Trustee Yusuf stated that PSI and our fire department work so well with one another and it's very rare to have that. He stated it is an excellent working relationship and will not do anything to jeopardize it. Motion by Trustee Moy, seconded by Trustee Aktipis that the Village Board renew the contract with Paramedic Services of Illinois, Inc. for 2011 -2014 and approve Resolution VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING JUNE 14, 2011 2011- AG -EXl -R -1104, A Resolution Approving and Authorizing the Execution of an Agreement Between Paramedic Services of Illinois, Inc. and the Village of Oak Brook. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 — None Motion carried. L1a011R101116 UL1I161 ' p a Kathy Maher, President of the Oak Brook Historical Society, stated that earlier today, there was a dedication to the Blue Star Marker and many attended. She thanked and recognized the Boy Scouts, Public Works employees, Trey VanDyke, and the Oak Brook Park District for their help at today's event. Kathy Maher updated the Board on the construction and phased opening progress of the Heritage Center. Trustee Aktipis thanked Kathy Maher for all her hard work on the Heritage Center. Trustee Zannis stated the Heritage Center is an asset to the Village. President Lalmalani thanked Kathy Maher for all the hard work she has done. E. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER Trustee Aktipis stated that the Comprehensive Annual Financial Report (CAFR) will be submitted to GFOA for consideration for the Certificate of Achievement for Excellence in Financial Reporting. If received, it will mark the 34th consecutive year that the Village has attained this recognition. Sikich, the Village's Auditor, presented the 2010 Comprehensive Annual Financial Report (CAFR) for the Village of Oak Brook and the "Report to Trustees" from Sikich, related to the recently completed 2010 audit. The Management Discussion and Analysis Report section serves as the executive summary of the report. Trustee Wolin asked if the deficiencies identified in the management report have been fixed. The representative from Sikich stated they have been discussed. Trustee Manzo asked if the audit conducted was comprehensive. The representative from Sikich stated it was a comprehensive financial audit, not a comprehensive internal control audit. He also stated that the internal control audit is not required. VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING JUNE 14, 2011 F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACT 1) Request for Proposal Authorization — Legal Services — Prosecution Trustee Yusuf stated that the Village is going out to bid for prosecution services for ordinance violations in order to find the best, most cost effective, and qualified service provider. Motion by Trustee Yusuf, seconded by Trustee Zannis that the Village Board authorize staff to conduct the Request for Proposal (RFP) process for Legal Services — Prosecution. VOICE VOTE: Motion carried. 2) Request for Proposal Authorization — Soundwall Effectiveness Study Trustee Wolin stated that this item is regarding hiring a consultant to conduct a noise study in areas along the tollway. There are areas in Oak Brook (York Woods, Forrest Glen, Woodside, Brook Forest, Ginger Creek and Briarwood Lakes) where they get a lot of tollway noise. He stated the studies conducted by the tollway were inconclusive. He also stated that the Village needs to hire an independent Engineer, from an approved tollway list, to conduct the sound studies. He further stated that it is important to conduct this study because the noise affects the homeowner's quality of life and their ability to sell their homes. Trustee Moy asked since the tollway already conducted studies in the area, will they accept the results of our study. Trustee Wolin stated that the answer is yes and that the tollway indicated that it would be to our advantage to hire an independent Engineer. Trustee Zannis stated that it is incumbent upon the Village to advocate on behalf of residents. She also stated this problem has crippled their ability to sell their homes. Trustee Aktipis asked how many locations will be studied. Trustee Wolin stated all areas he previously mentioned will be studied and potentially in other areas that have tollway noise complaints. Public Works Director Hullihan stated that he spoke with Christopher Burke, our current independent Engineer, to submit a proposal. There will be 15 — 20 sampling sites and the Village will go through the proposal process to determine the cost. Motion by Trustee Wolin, seconded by Trustee Aktipis that the Village Engineer be directed to request a proposal for soundwall effectiveness study. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated that the Emerald Ash Borer Beetle has been confirmed in our area, specifically the Saddle Brook Subdivision. He also stated that the Village has VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING JUNE 14, 2011 removed 50+ trees annually starting in 2009. He further stated that homeowners are encouraged to remove infected trees on their property. If residents have questions, he informed them to call the Village for assistance. B. VILLAGE CLERK Clerk Pruss stated that lunch buffets are held at the Oak Brook Golf Clubhouse every Wednesday from 11:30 — 2:30. Reservations are not required but are encouraged. C. TRUSTEES Trustee Zannis encourage everyone to register for the "Wine, Nine and Dine" events that will be held at the Golf Clubhouse in July and August. She also thanked Chef Richard on the outstanding job he does. Trustee Yusuf reminded everyone to wear reflective color or light colors when out enjoying the nice weather. Trustee Manzo stated a Taste of Oak Brook meeting was held today. There will be ten vendors and a lot of entertainment for children. D. VILLAGE PRESIDENT —None 12. ADJOURN TO CLOSE SESSION For the purpose of discussing (1) litigation and (2) personnel and legal counsel matters pursuant to Section 2c(11) and Section 2c(l) of the Illinois Open Meetings Act, respectively Motion by Trustee Aktipis, seconded by Trustee Wolin to adjourn to closed session for the purpose of discussing (1) litigation and (2) personnel and legal counsel matters pursuant to Section 2c(11) and Section 2c(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. This meeting was adjourned to Closed Meeting at 8:29 pm. RECONVENE The Regular Meeting of June 14, 2011 of the Village Board of Trustees was reconvened at 11:12 pm. ROLL CALL VOTE Village Clerk 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. VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING JUNE 14, 2011 IN ATTENDANCE: David Niemeyer, Village Manager; and Blaine Wing, Assistant Village Manager. 13. LIBRARY STAFFING Motion by Trustee Zannis, seconded by Trustee Wolin to approve recommended Option #3, as defined by Library Director, Sue Madorin, and direct staff to hire the approved personnel. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 —None Abstain: 0 — None Absent: 0 —None Motion carried. CONFIRMATION OF APPOINTMENTS 1) Oak Brook Board of Fire & Police Commissioners APPOINTMENT OF JOHN BAAR President Lalmalani summarized Mr. John Baar's biography. Trustee Aktipis stated the appointments were discussed in closed session in a very useful and open way. He also expressed his concern about the Board and not the appointment of these two individuals. He further stated that his opinion, is to appoint one individual tonight and appoint another at a later date due to the change of the make -up of the Board of Fire & Police Commissioners. Motion by Trustee Manzo, seconded by Trustee Wolin to approve the appointment of John Baar to the Board of Fire and Police Commission to a term to expire in May 2014. VOICE VOTE: Motion carried. APPOINTMENT OF ED MAIN President Lalmalani summarized Mr. Ed Main's biography. Trustee Zannis echoed Trustee Aktipis' sentiment in appointing only one Commissioner tonight and that one of the commissioners should be from the legal community. She further stated she will vote not to appointment Ed Main. Trustee Yusuf stated that we have two people with good experience and who will have a very quick learning curve. He also stated that we should not set that standard that one of the Board of Fire & Police Commissioners needs to be an attorney. Trustee Aktipis stated he will vote to not appoint Ed Main, but not as a reflection on Mr. Main's qualifications but because of appointing 2/3 of the Board in one quick action. Motion by Trustee Wolin, seconded by Trustee Manzo to approve the appointment of Ed VILLAGE OF OAK BROOK MINUTES Page I l of 12 REGULAR MEETING JUNE 14, 201 I Main to the Board of Fire and Police Commission to a term to expire in May 2013. VOICE VOTE: Motion carried (Trustees Aktipis and Zannis voted no). 13. ADJOURNMENT Motion by Trustee Zannis, seconded by Trustee Wolin to adjourn the Regular Meeting of the Board of Trustees at 11:21 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 JUNE 14, 2011