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Minutes - 07/26/2011 - Board of TrusteesMINUTES OF THE JULY 26, 2011 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 13, 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 7:03 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, and Asif Yusuf, and Elaine Zannis. ABSENT: None. 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; and Victor Philipini, Village Attorney (Attorney Peter Friedman arrived at 8:10 pm). 3. PRESIDENT'S OPENING COMMENTS A) Proclamation for Athlete of the Year — Brianna Borsellino — Deferred B) Proclamation for Athlete of the Year — Toni Kokenis - Deferred C) Proclamation for Athlete of the Year — Luke Schubert - Deferred D) Proclamation — National Night Out The Proclamation was read by Clerk Pruss President Lalmalani welcomed Attorney Victor Philipini, who is substituting for Attorney Peter Friedman. President Lalmalani gave a brief interim update on the Police Chief Selection Committee. He stated the committee members are Trustees Manzo, Wolin, and Yusuf, and residents Harry Peters and Rick Asher. The committee has met once already and has another meeting scheduled for this week. He stated the process will be fully open and transparent. He hopes the committee will present to the Board 10 — 12 top contenders. He also stated the selection process should take 60 — 90 days. President Lalmalani stated the resident surveys have been sent out. He stated that he needs the resident input and advice to make Oak Brook a better place to live, work and play. He VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING JULY 26, 2011 kindly requested that all residents fill out the survey. President Lalmalani stated that the Village is actively involved in the Electric Aggregation Program and competitive bids should be received by the end of the year. 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 JUNE 14, 2011 Motion by Trustee Aktipis, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of June 14, 2011. VOICE VOTE: Motion carried. B. SPECIAL BOARD OF TRUSTEES MEETING OF JULY 11, 2011 Motion by Trustee Moy, seconded by Trustee Wolin to approve the Minutes of the Special Board of Trustees Meeting of July 11, 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 July 22, 2011 - $1,020,296.69 Significant Items included in Above: 1) Odelson & Sterk, Ltd. - Legal Services — June, 2011 - $13,602.25 2) DuPage Water Commission — June 11, 2011 - $239,758.87 3) Martam Construction —Payout #2 — 2011 Water Main Replacement - $257,794.65 B. Approval of Payroll for Pay Period Ending July 9, 2011 - $724,770.48 C. Community Development Referrals — NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts —NONE E. Budget Adjustments 1) Library Technical Services to Library General Operations 2) Police Support Services to Administrative Adjudication F. Ordinances & Resolutions 1) Resolution 2011- AG -EXI -R -1111, A Resolution Approving and Authorizing the Execution of an Agreement for the Village's 2011 Miscellaneous Paving Project VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING JULY 26, 2011 By and Between the Village of Oak Brook and James D. Fiala Paving Company 2) Resolution 2011- AG -EXl -R -1114, A Resolution Approving and Authorizing the Execution of an Agreement for the Saddle Brook Subdivision Drainage Study By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd. 3) Resolution 2011- LC -AL -R -1115, A Resolution Limiting Review Under 235 ILC 5/7 -9 to the Official Record 4) Resolution 2011- AG -EXI -R -1116, A Resolution Approving and Authorizing the Execution of an Agreement for the 2012 Water Main Replacement Project By and Between the Village of Oak Brook and James J. Benes & Associates, Inc. in Relation to Parts of York Woods Subdivision G. Award of Contracts 1) Unit 504 — Plow/Dump Truck Replacement H. Monthly Treasurer's Report —June 30, 2011 L Wire Transfer Authority 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, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried. ITEMS REMOVED FROM CONSENT AGENDA 1) Odelson & Sterk, Ltd. - Legal Services — June, 2011 - $13,602.25 Trustee Manzo stated he is not in support of paying the bill. He stated that he does not want to debate the bill; he just wants a separate vote on this agenda item. Manager Niemeyer stated a large portion of the bill is for prosecution and ordinance violations. He stated until we select another prosecutor, we will continue to receive these bills. He also stated that we received proposals for Prosecution Services. Trustee Aktipis stated that unless we have grounds to dispute legal bills, it is incumbent upon the Village to approve them, otherwise we will be acting irresponsibly. Trustee Yusuf stated we are in the process of receiving proposals for legal services, but in VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETTNG JULY 26, 2011 the meantime, the work still has to get done. Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the Odelson and Sterk, Ltd. June, 2011 legal services bill for payment. ROLL CALL VOTE: Ayes: 5— Trustees Aktipis, Moy, Wolin, Yusuf and Zannis Nays: 1 — Trustee Manzo Abstain: 0 — None Absent: 0 —None Motion carried. BOARD & COMMISSION RECOMMENDATIONS A. PRIDMORE - 15 GLENOBLE COURT — VARIATION — FENCE HEIGHT Trustee Moy stated that the Pridmore's, the owners of the property at 15 Glenoble Court seek approval of a variation in order to permit a 48 -inch high fence on their property. He stated that the zoning board, after lengthy hearings, came to the conclusion that we should allow this variance, but with conditions. Trustee Moy stated that Homeowners Association President Harry Peters, made his point of objecting this variance, loud and clear. Trustee Moy gave a brief history of the variance request and then stated the Board should approve this variance because it is the right thing to do. Trustee Aktipis added that the resident has paid a high price and that ordinances are guidelines and not meant to be a form of punishment to our residents. Trustee Manzo supported the fence variance with one modification. He recommended that the motion be changed to removing of the fence rather than modifying the fence. Trustee Moy stated that our ordinances do not allow us to force someone to take down a fence. Trustee Yusuf stated that the Pridmores should be asked if they are willing to remove the fence, should their situation change. He asked that a document be prepared and recorded with the County so that it comes up on title. Community Development Director Kallien stated that a document will be prepared per Trustee Yusuf s recommendation. He also addressed Trustee Manzo's comments. Trustee Zannis asked the motion to be amended to include a covenant being placed on the land so that it goes with the land when it sells. John Riccione, attorney for the Pridmores, gave a brief history on this matter. VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING JULY 26, 2011 Resident William Kenny, attorney for the Forest Glen Homeowners Association, commented on John Riccione's overview of the fence variance issue and on the letter submitted to the Board from the physician. He asked that the Board deny the request for a fence height variance. Resident James Lazzarini commented on statements made by Trustee Moy and the Pridmore's attorney at the last meeting. Resident Harry Peters made comments in defense of the Forest Glen Homeowners Association and its Board in this matter. Resident Dr. Anne B. Degerstrom stated she witnessed her husband telling Harry Peters about the fence in 2002. She also made comments in support of the Pridmore fence variance. She also recommended that all fences have a height restriction of 48 inches. Trustee Moy stated that the industry standard for fence height is 48 inches. He stated the code of a 42 inch fence height is burdensome to residents since fences need to be specially made. He asked Bob Kallien to look into changing the ordinance. Motion by Trustee Moy, seconded by Trustee Aktipis to remove from the table the requested variation for the property at 15 Glenoble Court and place back on the Village Board agenda for additional discussion and consideration at the July 26, 2011 meeting, and 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 August 9, 2011 Board of Trustees meeting; and to attach a covenant that the fence be put into compliance upon transacting of the title. VOICE VOTE: Motion carried. B. GRANE — 610 LAKEWOOD COURT — VARIATION — FENCE HEIGHT Trustee Moy stated that at its meeting on June 27, 2011, the Zoning Board of Appeals held the required public hearing on the petition from Karyn Grane, the owner of the property located at 610 Lakewood Court seeking approval of a variation to Section 13 -3 -613 of the Zoning Ordinance in order to allow an existing 60 -inch high fence to remain as constructed on the property. 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. Motion by Trustee Moy, seconded by Trustee Aktipis to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to permit a 58 -60 inch high fence at 610 Lakewood 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 August 9, 2011 Board of VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING JULY 26, 2011 Trustees meeting and to attach a covenant that the fence be put into compliance upon transacting of the title. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. LOBBYIST CONTRACT RENEWAL — DISCUSSION ONLY Trustee Manzo stated the lobbyist contract has been terminated and if in the future there is a need for a lobbyist, it can be addressed at that time. Trustee Zannis researched the subject and found that there are lobbyists who will take work on a per project basis. She stated that if something comes up with the stop light, she knows lobbyists are an arm's length away. Resident Linda Gonnella addressed the importance of the Board members lobbying for legislation or action they wish to occur in Springfield versus hiring a lobbyist. 10. ACTIVE BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) Plan Development Commission — Raju Iyler and Simon Sheers President Lalmalani gave a brief history of the Planned Development Commission and stated he is recommending the appointment of Raju Iyler and Simon Sheers to the Planned Development Commission. Motion by Trustee Aktipis, seconded by Trustee Wolin to accept the appointments of Rain Iyler and Simon Sheers to the Oak Brook Planned Development Commission. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) Resolution 2011 -AG -EXI -R -1112, A Resolution Approving and Authorizing the Execution of a Towing Services Agreement By and Between the Village of Oak Brook and Power's Towing Service, Inc. and Resolution 2011 -AG -EXI -R -1113, A Resolution Approving and Authorizing the Execution of a Towing Services Agreement By and Between the Village of Oak Brook and Jim's Towing Services Trustee Yusuf stated that a very thorough evaluation based on multiple criteria was conducted to insure we are getting the best value for people who are in an unfortunate situation. Trustee Wolin stated that towing services has been a source of controversy in the past. He also stated that the Police Department did a very thorough analysis of the bids submitted. He further stated he fully supports the recommendation to approve the two resolutions. Rick Poierier, owner of JR's Towing Services, stated that he has towed for the Village of Oak Brook for over 20 years and would like an explanation as to why his company has not been chosen for towing services. He requested a postponement in approving towing services contracts at tonight's meeting. He also stated that he does not agree VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING JULY 26, 2011 with the analysis completed by the Police Department and is very upset with the negative publicity of his company over the past six months.. Lt. Jason Cates explained the bid tabulation and ranking of the companies who submitted bids. He also stated that the two companies will be assigned as the primary and secondary for towing services in Oak Brook. The secondary company will be contacted only if the primary is unavailable. Trustee Manzo stated the Board should approve the two contracts and there is nothing that will prohibit the Village from adding a third company in the future. Manager Niemeyer stated that the decision to choose the two companies was in conjunction with the purchasing division and the Board can choose to add a third company in the future. Trustee Zannis asked if an analysis was completed based on how much a savings can be realized in switching towing companies. Lt. Cates stated the savings will be approximately in the thousands. Trustee Zannis asked Lt. Cates to ask the two new towing companies to extend their services to the Village at no cost. Trustee Zannis asked Lt. Cates if JR's Towing Services was aware that the Village was unhappy with their service. He replied that the Village is not unhappy with their service and have always been rated number one in the past. Trustee Yusuf stated that he has not heard any negative dialog about JR's Towing Services and the company who provides the best service should be designated as the primary towing company. Trustee Aktipis asked if pricing was considered in the decision making. Lt. Cates stated yes but price was not weighed. Trustee Wolin stated he sat in on many discussions regarding towing services and JR's Towing Services was never brought up negatively. Trustee Zannis suggested adding a third company tonight but President Lalmalani stated it is not on the agenda and a resolution is needed. Rick Poierier stated he is willing to do whatever it takes to tow for the Village, even if it means to lower his rates. Trustee Yusuf asked if approving the agreements with the other two companies means terminating the agreement with JR's Towing Services. If not, no further action will be needed in adding a third company. VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING JULY 26, 2011 Manager Niemeyer stated there is not an agreement currently with JR's Towing Services and staff only recommends two companies in order to give the primary towing company the incentive to perform successfully. Motion by Trustee Yusuf, seconded by Trustee Manzo to approve Resolution 2011 - AG-EX I -R -1112, A Resolution Approving and Authorizing the Execution of a Towing Services Agreement By and Between the Village of Oak Brook and Power's Towing Service, Inc. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried. Motion by Trustee Yusuf, seconded by Trustee Aktipis, to approve Resolution 2011 - AG-EX I -R -1113, A Resolution Approving and Authorizing the Execution of a Towing Services Agreement By and Between the Village of Oak Brook and Jim's Towing Services. ROLL CALL VOTE: Ayes: 6— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 — None Abstain: 0 — None Absent: 0 —None Motion carried. C. AWARD OF CONTRACTS — NONE D. COMPENSATION STUDY UPDATE Trustee Wolin stated the Citizens Finance Committee recommended that the Village conduct a compensation study. A request for proposals was completed and Public Sector was selected to complete the study. He also stated the study is underway but not complete. Assistant Manager Wing gave a brief history on previous studies conducted and an update on the current study. Matt Weatherly from Public Sector gave a brief update and overview of the Classification and Compensation Study. Items discussed are as follows: • Principal Project Components • Salary Survey Methodology • Next Steps Trustee Manzo stated the study should take into account the high unemployment rate and competitiveness. He stated the Village should pave its own road and not concentrate on being competitive with other Villages. VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING JULY 26, 2011 Trustee Wolin stated there are many objectives with conducting the study. One objective is how the Village compares with the private sector. Trustee Aktipis stated the study is addressing the long term needs of the Village and how to use our resources in the best way. President Lalmalani asked when the study is expected to be complete. Matt stated more participation from the private sector in still needed. Manager Niemeyer stated the committee will continue to meet. He also stated this is a complicated study and it needs to address incentives for long term employees, equality between positions, and treating non -union employees fairly as compared to union employees. Trustee Aktipis gave credit to the Finance Committee to getting this project underway. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated the tree branch pick -up is coming to an end. He thanked Public Works for all their hard work. He reminded everyone of the Special Committee of the Whole Meeting scheduled for Monday night. B. VILLAGE CLERK Clerk Pruss stated that the Wednesday Buffet at the Golf Clubhouse is cancelled until next week. C. TRUSTEES Trustee Zannis stated we have stellar employees and the current compensation plan does not allow for them to be acknowledged in a monetary way. Trustee Yusuf asked everyone to be careful in the heat and to enjoy the Bath & Tennis Club Pool. D. VILLAGE PRESIDENT —NONE 12. ADJOURN TO CLOSE SESSION For the purpose of discussing 1) litigation, 2) the purchase of lease of real property, 3) personnel and legal counsel matters pursuant to Section 2c11 and Section 2c5 and Section 20 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) litigation, 2) the purchase of lease of real property, 3) personnel and legal counsel matters pursuant to Section 2c I and Section 2c5 and Section 20 of the Illinois Open Meetings Act respectively. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING JULY 26, 2011 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 9:04 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Aktipis to adjourn the Regular Meeting of the Board of Trustees at 11:12 pm. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING JULY 26, 2011