Minutes - 07/12/2011 - Board of TrusteesMINUTES OF THE JULY 12, 2011 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON AUGUST 9, 2011.
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
7:00 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 Mark Moy, Gerald Wolin, and Asif
Yusuf.
ABSENT: Trustees Stelios Aktipis (arrived at 7:39 pm), Michael Manzo (arrived at 7:08
pm), and Elaine Zannis (arrived at 7:03 pm).
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Robert Kallien, Community Development Director, 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 thanked Village staff who worked so hard during the recent storm.
Most of our residents had no power, some homes for several days, and many residents lost
large trees and/or large branches.
Our Public Works Department worked 16 -hour days immediately following the storm, and
12 -hour days for the past two weeks since the storm hit. Our Public Works logged over
1400 man hours and along with private contractors has worked to clean up trees and tree
branches from one of the worst storms to hit Oak Brook. We had approximately 150 public
trees and 150 private trees severely damaged. As a result of the storm we have extended
clean up operations until July 22.
Public safety did their usual good job responding to numerous calls the night of the storm.
We had to evacuate several homes that were in close proximity to downed high voltage
power lines and controlled traffic at other hazardous locations. The fire department
responded to several areas to assess storm damage, such as fallen trees on houses and
downed power lines.
Assistant Village Manager Blaine Wing provided the leadership for the storm and power
outage efforts. He along with Donna Bettin worked tirelessly to make sure ComEd made
the restoration of power in Oak Brook a priority. Bob Kallien, Bill Hudson and Blaine
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toured several areas of Oak Brook twice with ComEd executives that were without power
and were able to convince ComEd officials to bring additional crews to restore power to
these areas. Additionally, Donna Bettin, Mary Meranda, Rose Kane and other
administrative staff worked extra hours to answer calls, escalate issues, and provide
information. Ejaz Khan posted updated messages on the Village's website, Facebook
page, and Twitter account. Blaine stayed in contact with the Home Owner Association
Presidents and worked directly with several of the most affected areas, so messages could
be shared door -to -door. Blaine also secured a large dumpster from Allied Waste, so
residents had somewhere to dispose of spoiled items.
President Lalmalani thanked the rest of the Village's staff who worked under adverse
conditions, without power for 2.5 days, to assist residents and businesses as much as
possible and to try to restore normalcy.
President Lalmalani also mentioned that the Village will provide free building permits for
any resident who have to make repairs to their home as a result of the storm.
President Lalmalani made mention of our annual Taste of Oak Brook. He stated Trustee
Mike Manzo did a great job as the trustee liaison along with former Trustee Jim Carson.
He also stated staff did a great job in planning and working the event and thanked the
Chamber who assisted with sponsorships, the Jaycees who manned the beverage tent and
Ravenswood Events who oversaw the event.
And finally, President Lalmalani stated that the Village's general fund sales tax revenues
received this month were 10% higher compared to what was received in July, 2010. This is
the 14'' month in a row that we have seen increases in sales tax revenues compared to the
year before.
1) Proclamation for Federation of Indian Associations — Presented
The Proclamation was read by Clerk Pruss.
2) Resolution of Appreciation — Frederick C. Cappetta
The Resolution was read by Clerk Pruss
Motion by Trustee Zannis, seconded by Trustee Wolin for approval of the Resolution of
Appreciation R -1107 recognizing Fred Cappetta's service to the Village. VOICE VOTE:
Motion carried.
3) Resolution of Appreciation — Edward H. Nielsen
The Resolution was read by Clerk Pruss
Motion by Trustee Zannis, seconded by Trustee Manzo for approval of the Resolution of
Appreciation R -1108 recognizing Ed Nielson's service to the Village. VOICE VOTE:
Motion carried.
4) Greater Oak Brook Partnership Presentation — Presented
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Tracy Mulqueen, the Executive Director of the Greater Oak Brook Chamber of Commerce
gave an update on the Greater Oak Brook Partnership. She discussed the following:
• Project Scope
• Goals
• Objectives
• Partnership Work to Date
• Milestones
• Future Milestones
• Upcoming Activities
• Challenges and Opportunities
Trustee Moy thanked Tracy for the great job she continues to do for the Village.
Trustee Wolin thanked Tracy and the Chamber of Commerce for the great job they do.
Trustee Zannis thanked Tracy and the Chamber of Commerce and the value they add to the
Village.
Trustee Yusuf stated that Tracy has done a phenomenal job and thanked her for her hard
work.
4. RESIDENTNISITOR COMMENT
The residents who signed up to speak will do so during the agenda item.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 24, 2011
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
Regular Board of Trustees Meeting of May 24, 2011. VOICE VOTE: Motion carried.
B. SPECIAL BOARD OF TRUSTEES MEETING OF JUNE 2, 2011
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the
Special Board of Trustees Meeting of June 2, 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:
1) For Period Ending June 24, 2011 - $487,174.70
2) For Period Ending July 8, 2011 - $725,286.75
Significant Items included in Above:
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1) DeAno & Scarry, LLC — Legal Services — May, 2011 - $1,535.50
2) Odelson & Sterk, Ltd. - Legal Services — April, 2011 - $32,732.93
3) Odelson & Sterk, Ltd. - Legal Services — May, 2011 - $18,024.54
4) Seyfarth, Shaw, LLP — Legal Services — June, 2011 - $1,203.90
5 DuPage Water Commission - May, 2011 - $199,015.99
6) PirTano Construction — Payout #11 — 2010 Water Main Replacement - $114,100.23
7) James D. Fiala Paving Co., Inc. — Payout #1 — 2011 ERP Paving Project -
$249,460.63
B. Approval of Payroll
1) For Pay Period Ending June 11, 2011 - $682,823.27
2) For Pay Period Ending June 25, 2011 - $612,096.67
C. Community Development Referrals — NONE AT THIS TIME
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Banking Services
2) Purchasing Card Services
E. Budget Adjustments — None
F. Ordinances & Resolutions
1) Resolution 2011- AG -EX1 -R -1109, A Resolution Approving and Authorizing the
Execution of an Intergovernmental Agreement By and Between the Village of Oak
Brook and the Illinois Department of Transportation Regarding Traffic Signals
2) Resolution 2011- AG -EXl -R -1110, A Resolution Approving and Authorizing the
Execution of a Janitorial Services Agreement By and Between the Village of Oak
Brook and Perfect Cleaning Service Corporation
3) Ordinance 2011- LC -AL -G -947, 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 May 31, 2011
H. Departmental Expenditure Custom Report
Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
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Ayes: 5— Trustees Manzo, Moy, Wolin, Yusuf and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA — NONE
8. BOARD & COMMISSION RECOMMENDATIONS
A. Pridmore — 15 Glenoble Court — Variation — Fence Height
Village Attorney Friedman recused himself from the Pridmore variation case. When this
case was initiated the Pridmore's legal counsel was a member of the firm of Holland and
Knight. That original attorney has now been replaced by an attorney with no affiliation
with Holland Knight.
Trustee Moy stated that at its meetings on March 1 and June 7, 2011, the Zoning Board of
Appeals held the required public hearings and completed its review and deliberations on a
petition from Keith Pridmore, the owner of the home located at 15 Glenoble Court seeking
approval of a variation to the Zoning Ordinance to allow an existing 48 -inch high fence to
remain as constructed on the property.
He also stated that part of the testimony provided at these meetings, the petitioner testified
that they needed a fence that exceeded the Village's 42 inch height limitation in order to
keep their special needs child safe. This testimony was supported by a confidential letter
from a physician addressing the medical need for the taller fence.
He further stated that the Zoning Board of Appeals recommended approval of the
requested variation to the Zoning Ordinance to permit a 48 inch high fence.
Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation
from the Zoning Board of Appeals and approve the requested variation to permit a 48 inch
high fence at 15 Glenoble Court subject to the following conditions: If the property is sold,
or if the child no longer has special needs, or if the child moves from the home, the fence
would be brought into compliance with the zoning regulations of the Village at that time
and at the expense of the property owner; and authorize the Village Attorney to prepare the
necessary ordinance for final consideration at the July 26, 2011 Board of Trustees meeting.
John M. Riccione stated that he is the attorney for Keith Pridmore and will be happy to
answer any questions.
Resident Harry Peters commented on the Forrest Glen opposition to the Pridmore fence
variance. He stated that the Forrest Glen Home Association Board had repeatedly and
consistently denied the request to have the fence put up. He further stated that the Village
Board has a chance to send a message to those who choose to not follow Village code.
Trustee Zannis stated that Home Owner Associations are important to the Village and that
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the Board should heed their requests. She also stated that what should be noted is as
follows: 1) The variance was requested after the issue was continuously pushed by the
Home Owners Association, and 2) The fence was put up prior to the child being born. She
further stated Village codes should be enforced.
Trustee Wolin stated this is a very difficult decision to make and expressed his concerns.
He stated that before he votes, he would like to see the letter from the doctor explaining the
disability of the child and why the fence is needed. He also stated that he is disturbed that
Mr. Pridmore did not respond to Village correspondence, and requested an explanation as
to why Mr. Pridmore submitted an incorrect plat of survey showing a pool on his property.
He further stated that the motion needs to be modified to include an agreement or a bond to
insure the fence will be brought to compliance when certain conditions are met. He asked
if Mr. Pridmore was imposed a penalty for building a fence without a permit. Community
Development Director Bob Kallien stated Mr. Pridmore paid a $500 penalty.
Trustee Manzo echoed Trustee Wolin's concerns. He also stated the Board should not view
the letter from the doctor until they have something in writing stating they can.
Trustee Moy had a copy of the letter and forwarded it to Trustee Wolin. He stated the
fence was built 10 years ago and that the Village codes are meant to serve the residents of
Oak Brook, not to police the residents and should be flexible. He further stated when
reviewing variances three things need to be reviewed: 1) is there a safety issue, 2) is it an
eye sore, and 3) is there a nuisance issue. He asked the Board members to be reasonable
and practical when considering this matter and the vote should not be delayed.
Trustee Yusuf stated he also would like to see the letter and feels that if the circumstances
necessitate the fence for safety reasons, he would have a very hard time objecting to the
variance. He also stated that there are circumstances that warrant variations.
Trustee Aktipis stated he agrees with Trustee Moy's comments. He also stated that it is
never been a good idea for the Board to try to resolves issues among residents. He further
stated that a hearing should be held by the plan commission regarding what the resident's
wishes are regarding fences.
Resident Jim Daggerstrom stated he agrees with Dr. Moy's comments and hopes the Board
will make the right decision.
Resident Richard Allison stated that he is an advocate of following the rules and hopes the
Board comes to a successful resolution.
Community Development Director Kallien stated that there are legal documents available
to enforce the taking down of the fence if certain conditions are met and can be included in
the motion. '
Manager Niemeyer stated that the $500 penalty is consistent with how we handle similar
situations. He also stated that the Village has the ability to enforce the Village codes, not
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Home Owners Association codes.
John M. Riccione summarized the events that led up to the variance being requested and
addressed some of the issues raised by Trustees.
Motion by Trustee Manzo, seconded by Trustee Zannis to defer the item in order to get
written authorization to view the letter and to make a decision at the next Board meeting.
ROLL CALL VOTE:
Ayes: 4 — Trustees Manzo, Wolin, Yusuf and Zannis
Nays: 1 — Trustee Moy
Abstain: 0 — None
Absent: 0 —None
Present: 1 — Trustee Aktipis
Motion carried.
9. UNFINISHED BUSINESS
A. ELECTRIC AGGREGATION — Update only
Trustee Wolin gave a brief update as to where the Village is in terms of electric
aggregation, what has been done so far, and what still needs to be done. He stated the
Village is going out to bid for the electric supply charge for residents and small residents
with the hopes of saving 15% — 20 %. He also stated that the Village is reviewing
proposals received for consulting services to assist in the process. He emphasized that
residents have the option of opting out and stay with their current supplier.
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) Plan Commission — Marcia Tropinski
Motion by Trustee Manzo, seconded by Trustee Wolin to accept the reappointment of
Marcia Tropinski as Chairwoman of the Oak Brook Plan Commission for a term to
expire in May of 2014. VOICE VOTE: Motion carried.
Plan Commission — Raj Iyler
Motion by Trustee Wolin, seconded by Trustee Aktipis to accept the reappointment of
Raju Iyer to the Oak Brook Plan Commission for a term to expire in May of 2012.
VOICE VOTE: Motion carried.
Plan Commission — Simon Sheers
Motion by Trustee Aktipis, seconded by Trustee Wolin to accept the reappointment of
Simon Sheers to the Oak Brook Plan Commission for a term to expire in May of 2013.
VOICE VOTE: Motion carried.
Plan Commission — Al Knuth, Jr.
Motion by Trustee Yusuf, seconded by Trustee Aktipis to accept of Al Knuth to the
Oak Brook Plan Commission for a term to expire in May of 2014. VOICE VOTE:
Motion carried.
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Plan Commission — Naveen Jain
Motion by Trustee Wolin, seconded by Trustee Manzo to accept the appointment of
Naveen Jain to the Oak Brook Plan Commission for a term to expire in May of 2014.
VOICE VOTE: Motion carried.
Plan Commission — Raj Lal
Motion by Trustee Aktipis, seconded by Trustee Yusuf to accept the appointment of
Raj Lal to the Oak Brook Plan Commission for a term to expire in May of 2014.
VOICE VOTE: Motion carried.
2) Zoning Board of Appeals — Chain Davis
Motion by Trustee Manzo, seconded by Trustee Aktipis to accept the reappointment of
Champ Davis of the Oak Brook Zoning Board of Appeals for a term to expire in May
of 2015. VOICE VOTE: Motion carried.
Zoning Board of Appeals — Baker Ninny
Motion by Trustee Manzo, seconded by Trustee Wolin to accept the reappointment of
Baker Nimry to the Oak Brook Zoning Board of Appeals for a term to expire in May of
2015. VOICE VOTE: Motion carried.
Zoning Board of Appeals — Steven Young
Motion by Trustee Aktipis, seconded by Trustee Manzo to accept the reappointment of
Steven Young to the Oak Brook Zoning Board of Appeals for a term to expire in May
of 2015. VOICE VOTE: Motion carried.
Zoning Board of Appeals — Al Savino
Motion by Trustee Manzo, seconded by Trustee Wolin to accept the appointment of AL
Savino to the Oak Brook Zoning Board of Appeals for a term to expire in May of 2016.
VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS — NONE
C. AWARD OF CONTRACTS — NONE
D. LOBBYIST CONTRACT DISCUSSION — DISCUSSION ONLY
Trustee Manzo stated that he, Trustee Moy and Manager Niemeyer were assigned to work
together to determine whether the lobbyist contract should be extended. The contract was
previously extended 60 days until July 22, 2011 at the May 24"' Board meeting. He stated
the recommendation is to not to extend the lobbyist contract past July 22, 2011, but the
Village should continue to assess whether we would need a lobbyist on a per project basis
for important issues, such as the Costco traffic signal issue.
Trustee Moy reemphasized that using the lobbyists opened many doors to the Village and
that we got our money's worth. He stated that we can use lobbyists on an as needed basis.
He also stated that we can revisit the issue of having lobbyists on a retainer at a later date.
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Trustee. Aktipis stated that we are now disassociating ourselves from very powerful and
influential lobbyists and that they both stated that they are unwilling to work with the
Village on an as needed basis. He also stated that preparations need to be made prior to
retaining lobbyists on an as needed basis.
Trustee Zannis stated she would like to amend the motion instead of terminating the
contract, to sever ties with one of the lobbyists, maintain Thompson on retainer until the
completion of the 22 "d Street widening and the installation of the Costco street light.
President Lalmalani stated there is no motion to be made since this is for discussion only.
Motion by Trustee Zannis, seconded by Trustee Wolin to extend the contract for Mike
Thompson until the completion of the 22nd Street widening and the installation of the
Costco street light.
Attorney Friedman stated a motion cannot be made since it was listed on the agenda as
discussion only. He stated it can be deferred to the next meeting.
Trustee Manzo stated that we need to be frugal and that lobbyists are not needed to open
doors in Springfield. He also stated it would be reckless to have lobbyists on retainer in
these economic times.
Trustee Aktipis discussed the Costco street light and stated the lobbyists were very
influential in the process.
Trustee Yusuf asked if anything can happen to derail the Costco street light. Manager
Niemeyer stated he does not foresee a problem and that the Village has signed an
agreement with IDOT to pay for part of the street light. Manager Niemeyer also stated that
the lobbyists were very influential in setting up meetings with IDOT when staff was
unable to.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer discussed the storm and stated 95% of power is now restored in Oak
Brook. He also stated that tree branch removal has been extended and clean-up will
continue after that. He also thanked staff for all their hard work with the storm and with
the Taste of Oak Brook.
B. VILLAGE CLERK
Clerk Pruss stated that Dr. Moy will present an advanced cardiac life support class, and the
symptoms to watch for in adults and young athletes at the Oak Brook Park District on July
21St. She emphasized how important it is for everyone to learn CPR.
Clerk Pruss stated that the lunch buffet at the Oak Brook Golf Clubhouse is tomorrow and
encouraged everyone to go.
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Clerk Pruss emphasized that solicitors have to register at the Village and must have name
badge. She also stated that she has "no solicitor's or peddlers" signs.
C. TRUSTEES
Trustee Manzo discussed the Taste of Oak Brook and thanked employees for all their hard
work.
Trustee Moy stated that Oak Brook can be the premier fireworks show in the area since
Chicago has cancelled their show.
Trustee Zannis thanked the employees and all involved with the Taste of Oak Brook.
D. VILLAGE PRESIDENT
President Lalmalani announced that he created an ad hoc committee to oversee the police
chief recruitment. He stated that 139 applications have been received for the position.
12. ADJOURN TO CLOSE SESSION To consider actual and probable or imminent litigation
pursuant to section 2c 11 of the open meetings act.
Motion by Trustee Aktipis, seconded by Trustee Wolin to adjourn to closed session to
consider actual and probable or imminent litigation pursuant to section 2c11 of the open
meetings 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.
This meeting was adjourned to Closed Meeting at 9:01 pm.
13. ADJOURNMENT
Motion by Trustee Manzo, seconded by Trustee Wolin to adjourn the Regular Meeting of
the Board of Trustees at 10:15 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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