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Minutes - 08/14/2012 - Board of TrusteesMINUTES OF THE AUGUST 14, 2012 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 11, 2012 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 7:03 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; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief, Jacob Post, Library Circulation Supervisor; Mike Hullihan, Public Works Director; James Kruger, Police Chief, and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS A. PROCLAMATION — INDIA AND PAKISTAN — 65T" ANNIVERSARY OF THEIR INDEPENDENCE The Proclamation was read by Clerk Pruss B. PRESENTATION — WEBSITE TRANSPARENCY Over the past several months the Village of Oak Brook's website has become more transparent. Assistant Manager Wing gave a brief PowerPoint presentation on how Oak Brook has increased website transparency. He discussed the Illinois Policy Institute 10 point transparency checklist. He also discussed the newly created "Open Government" page on the Village website. President Lalmalani thanked Assistant Manager Wing and Village Manager Niemeyer for all their efforts when it comes to transparency. President Lalmalani announced that he appointed John Pircon to the Board of Fire and Police Commissioners to serve an initial term of 30 days. Mr. Pircon served on the BFPC for 3 years. President Lalmalani stated that he is pleased with Mr. Pircon's willingness to serve as a temporary appointment. Trustee Aktipis stated that he hopes Mr. John Pircon overcomes his reservations and VILLAGE OF OAK BROOK MINUTES Page I of 16 REGULAR MEETING OF AUGUST 14, 2012 serves a full term on the BFPC. President Lalmalani announced that on August I", he, along with Trustees Manzo, Wolin, Yusuf and Zannis, Clerk Pruss and Village Staff, attended a ground breaking ceremony held by the Hub Group for what will be their new corporate headquarters. The Hub Group plans to have 500 employees housed in the facility that is scheduled for completion in late 2013. 4. RESIDENTNISITOR COMMENT Trustee Stelios Aktipis thanked President Lalmalani in stating that he was instrumental in bringing the issue of transparency at the forefront. He expressed his disappointment that the pension investigation interviews were conducted during an Executive Meeting rather than at an Open Meeting. He urged that all Board members take steps to scrutinize all topics that are discussed behind closed doors. He is less concerned with the rating of an outside agency and more concerned with the disservice the Board is doing to its residents. He stated that the Board must make certain to operate at a higher level of transparency and respect for residents. Resident Al Knuth expressed his concern in the delay of the investigation of Chief Sheahan and Mr. Molaro. He cautioned the Board to not delay any further and that perception is everything. Resident Tony DiCanio discussed the sale of the Bronswood Cemetery and the regulation of cemeteries within Oak Brook. He also requested that the Board direct Village Management to create a letter to the cemeteries asking them to refrain from any construction activities during the process which will result in amendments to cemetery zoning within the Village. Resident Terry O'Malley discussed the sale of the Bronswood Cemetery Resident Mario Vescovi discussed the zoning laws for cemeteries in Oak Brook. He suggested a town hall meeting with the new owners of the Bronswood Cemetery. Tom Hepperle, Race Director of the Oak Brook Half Marathon, discussed the upcoming September 3`d Marathon and thanked the Village for its support. Resident Tom Valini stated that he is concerned about the proposed zoning ordinance language regarding cemeteries. Resident William Lindeman stated that he agrees with earlier resident comments made regarding cemeteries. He also discussed the issue of transparency and stated that the sitting Board goes above and beyond what is necessary. VILLAGE OF OAK BROOK MINUTES Page 2 of 16 REGULAR MEETING OF AUGUST 14, 2012 5. Q APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF JULY 23, 2012 Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the Special Board of Trustees Meeting of July 23, 2012. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF JULY 24, 2012 Motion by Trustee Aktipis, seconded by Trustee Manzo to approve the amended minutes of the Regular Board of Trustees Meeting of July 24, 2012. VOICE VOTE: Motion carried. C. EXECUTIVE MEETING MINUTES OF JULY 10, 2012 Motion by Trustee Moy, seconded by Trustee Aktipis to approve the minutes of the Executive Meeting of July 10, 2012. VOICE VOTE: Motion carried. 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 August 10, 2012 — $795,337.70 Significant Items included in Above: 1) Holland & Knight, LLP — Legal Services — May, 2012 - $12,874.69 (FY12 — YTD - $76,582.79) 2) Rathje & Woodward, LLC — Legal Services — June, 2012 - $3, 333.33 (FY12 — YTD - $23,752.77) TOTAL LEGAL BILLS PAID FOR 2012 - $239,838.55 3) Christopher B. Burke — Payout #3 — 2012 Paving Project Construction Services - $49,848.62 4) James J. Benes & Associates — Payout #4 — 2012 Water Main Project Const. Svc. - $ 17,656.17 B. Approval of Payrolls 1) For Pay Period Ending July 21, 2012 - $732,773.66 2) For Pay Period Ending August 4, 2012 - $701,778.72 C. Community Development Referrals — NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Public Works Locker Replacement 2) Fuel Dispensing System 3) Hotel Marketing Campaign 4) Carpet Installation E. Budget Adjustments - NONE VILLAGE OF OAK BROOK MINUTES Page 3 of 16 REGULAR MEETING OF AUGUST 14, 2012 F. Ordinances & Resolutions 1) ORDINANCE 2012- FI -EXl -S -1344, An Ordinance Amending the Investment Policy for the Village of Oak Brook, Illinois 2) ORDINANCE 2012- ZO -TA -G -977, An Ordinance Amending Section 13 -3 -5 of the Oak Brook Zoning Ordinance to Make the Setback Requirements Along Certain Sections of 22 "d Street, Oak Brook Road (3151 Street), and York Road Consistent with Other Properties Located Within the Same Zoning Districts 3) RESOLUTION 2012 - EASE - FCWRD -EXI -R -1193, A Resolution Approving and Authorizing the Execution of a Permanent and Access Easement and a Temporary Easement in Relation to a Sanitary Lift Station (Flagg Creek Water Reclamation District) G. August Month End Bill Payment H. Brittwood Creek Subdivision — Third Extension of Completion Date I 2012 Water Main Replacement Project — Parts of York Woods Subdivision Change Order #2 Motion by Trustee Yusuf, 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 Item 6.H. Brittwood Creek Subdivision — Third Extension of Completion Trustee Manzo asked Public Works Director Hullihan to explain the third extension of completion date. Public Works Director Hullihan stated that the new owner of the property located at 1205 35th Street, requested a six month extension with a revised completion date of March 2, 2013. He also stated that resubdivision is in process called the Templeton Subdivision which will officially replace the Brittwood Creek Subdivision by the end of 2012. Motion by Trustee Manzo, seconded by Trustee Wolin to approve item 6.H. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 4 of 16 REGULAR MEETING OF AUGUST 14, 2012 8. BOARD & COMMISSION RECOMMENDATIONS —NONE 9. UNFINISHED BUSINESS A. Pinstripes — Fence Request Mr. Schwartz from Pinstripes stated that he is requesting a wood fence so patrons of Pinstripes on the patio area do not have to stare at traffic coming in and out of the mall. Trustee Moy stated that Pinstripes is requesting a wood fence near the patio area to reduce the impact of road noise because of the close proximity to Route 83. He also stated that this request still meets the intent of the 50 percent open requirement when looking at the entire fence structure along the southern boundary. Motion by Trustee Moy, seconded by Trustee Aktipis, to concur with the staff recommendation to approve the proposed minor change to the planned development for Pinstripes. VOICE VOTE: Motion carried. B. Cemetery Regulation Issues Trustee Wolin stated that when he requested that cemeteries be placed on the agenda, he did not request a moratorium because he does not think that it is appropriate at this time. He feels that it would be appropriate for the Village to send a letter to the new owners of the Bronswood cemetery stating that mausoleums or other cemetery structures must be 100 ft or more from the property line and that permits are required for such structures. He also stated the new owners have developed plans for significant additional development. This has raised concern among residents who live near the cemetery. He also stated that the attorney for the new owners raised concerns with the cemetery issue being discussed at tonight's Board meeting and feels that this subject is best left to the ZBA. He also stated that in view of what happened at the last ZBA meeting where the cemetery issue was not thoroughly discussed, he felt that it was absolutely necessary to have the cemetery issue discussion at tonight's Board meeting in order to get a sense of urgency. He further discussed the prospective of residents and the new cemetery owners. Trustee Moy stated that he does not share the urgency that Trustee Wolin has on the cemetery issue. Community Development Director Kallien stated that this process has taken some time but progress has been made. He also stated that the new owners of Bronswood Cemetery would like to do far more than the Village envisioned, and recommendations from staff and the ZBA have become conflicted. He also stated that the new owners have now given the Village a significant amount of information and hopefully we can move forward to an ultimate resolution. He further stated that the cemetery issue will be the only item on the next ZBA meeting. VILLAGE OF OAK BROOK MINUTES Page 5 of 16 REGULAR MEETING OF AUGUST 14, 2012 Mrs. Iozzo, a resident, stated her concern with new mausoleums going up without the Village being aware. Resident Cari Kremer stated her frustration with not having a resolution to the cemetery issues that were raised 11 months ago. She asked the Board to make a decision tonight. Resident Terry O'Malley discussed the proposed development plan submitted by the new owners of the Bronswood Cemetery. He feels that the plan has safety issues that need to be discussed. Resident Tony DiCanio stated that the Village is not prepared to deal with the corporate ownership of a cemetery and discussed last week's ZBA meeting. Trustee Aktipis stated that he is in support with Trustee Wolin's motion. He stated we are a business friendly Village and respect ownership rights. We have to recognize the motivation of the new cemetery owners to bypass any hurdles with real honest regard to how this impacts our residents. He stated that we need to insure that another structure will not be built in the interim since this subject is still pending. Trustee Manzo discussed what he feels are mischaracterizations as to what the Village has done so far regarding the cemetery issue. He stated that bringing this agenda item to tonight's Board meeting was premature. He also stated the new owners of the cemetery agreed to not build any new structures until an agreement is made with the Village. Community Development Director Kallien confirmed that this is correct. Trustee Manzo further stated that the Village should come to an agreement with the new owners of the cemetery regarding zoning that satisfies the Village and residents and debate it in a timely manner. Trustee Manzo asked Community Development Director Kallien if the new owners of the cemetery have been working in cooperation with the Village. Community Development Director Kallien stated that their involvement is somewhat mixed. In the beginning, the new owners have been slow to get the Village information, but they have become more responsive and cooperative since the last ZBA meeting. Manager Niemeyer highlighted the letter received from the attorney of the new owners of the Bronswood Cemetery. He stated that they pointed out that they have been working closely with the Village to address all the concerns of their Master Plan. The letter also stated that no mausoleum will be erected within the 100 foot setback until revised zoning regulations have been agreed upon. Trustee Aktipis stated that Trustee Wolin asked for a point of order to reply to Trustee Manzo's comment regarding a conspiracy between the ZBA and the attorneys for the new cemetery owners. He also stated that Trustee Wolin should have been given the opportunity to respond to the remark. VILLAGE OF OAK BROOK MINUTES Page 6 of 16 REGULAR MEETING OF AUGUST 14, 2012 President Lalmalani gave Trustee Wolin the floor to respond. Trustee Wolin stated that the attorney for the new cemetery owners requested the cemetery discussion to be moved to the last item on the agenda of the last ZBA meeting. He pointed out that this was written on the ZBA meeting agenda. He stated that there was no conspiracy. President Lalmalani suggested that we discuss this matter in a civilized manner. Trustee Aktipis stated that there is an urgency dealing with this matter unless we receive a commitment from the new owners in writing stating that they will not build on to the property until the process is completed by the Village. President Lalmalani stated that we should be receiving a recommendation from the ZBA soon regarding cemetery regulations. Trustee Yusuf suggested sending the new owners of the Bronswood Cemetery a binding letter where they commit not to build on the property until the final regulations are in place. He suggested limiting the height of a structure to 12 feet and the square footage to 150 feet. Attorney Friedman stated that a letter of understanding would be an enforceable commitment. Trustee Zannis stated that the number one priority of the Village is to protect the right of the residents. The second priority is to protect the Village from litigation, controversy, and adversarial situations. She does see a sense of urgency in this matter. She also stated that if the new owners of the cemetery did their due diligence during the purchasing process, they would have known what was happening in the Village. Trustee Manzo agrees with Trustee Yusuf s recommendation. Trustee Wolin reiterated that there is a sense of urgency. He also stated that he doubts the ZBA will make a decision at their next meeting. He is suggesting to pass the motion he is making and to discuss with the new cemetery owners Trustee Yusufs suggestion of a mutual agreement. Trustee Aktipis stated he agrees with Trustee Zannis' comments. He also stated that after referring the issue to the ZBA, the cemetery owners came up with a plan that caused concern. The plan is what caused the sense of urgency of discussing this matter at tonight's meeting. He agrees that Trustee Wolin's motion should be passed today but believes that alone does not protect the Village. He feels a very quick resolution is needed. Attorney Friedman stated that the recommendations made by Trustees Yusuf and Aktipis are more restrictive that our current zoning ordinances. VILLAGE OF OAK BROOK MINUTES Page 7 of 16 REGULAR MEETING OF AUGUST 14, 2012 Trustee Zannis suggested adding to the text of the original motion to include Trustee Yusuf s suggestion of creating a document of mutual understanding between the ownership of Bronswood Cemetery and the Village Oak Brook restricting what will be buildable from now until the Board passes zoning changes. Trustee Manzo stated that we are contradicting ourselves in combining the motions. Trustee Wolin suggested not combining the two motions in order to keep it simple and to send the cemetery owners a letter requesting they abide by the Village's zoning ordinance. Trustee Zannis stated another motion to restrict height limitations must be made after Trustee Wolin's motion is voted on. Trustee Moy stated he still does not see the urgency in this matter and agrees with Trustee Wolin's recommendation of sending the cemetery owners a letter. He also stated that the Board should not impose any further restrictions since the ZBA is in the process of deliberating this matter. Motion by Trustee Wolin, seconded by Trustee Aktipis to move that the Board declare that prospectively, mausoleums and other similar cemetery structures are included within the definition of structure under the Oak Brook Zoning Regulations and thus shall prospectively comply with the setback height and other applicable regulations including building permit requirements and that the building commissioner enforce these regulations accordingly. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0 —None Abstain: 0 —None Absent: 0 —None Motion carried Resident Anthony Pasquinelli asked if neighbors have to be notified if a property owner requests a building permit. Community Development Director Kallien stated no and that many of the subdivisions have restrictive approval processes in place for building. Trustee Yusuf stated he did not suggest to impose limitations on the owners of the Bronswood Cemetery but to ask them to agree to limited requirements as a good faith measure in the interim until a recommendation from the ZBA is made. Trustee Aktipis made a friendly amendment to the motion made by Trustee Zannis to include a time frame of 15 business days. Trustee Moy stated he is against the motion made by Trustee Zannis and sees it as intrusive. VILLAGE OF OAK BROOK MINUTES Page 8 of 16 REGULAR MEETING OF AUGUST 14, 2012 Motion by Trustee Zannis, seconded by Trustee Aktipis to direct the Village Attorney to contact the owners of Bronswood Cemetery to begin negotiations of a mutually agreed upon letter of understanding restricting their building to no higher than 12 feet and 150 square feet until the Village Board makes it final recommendation after it is handed down by the ZBA. Negotiations should be completed within 15 business days. ROLL CALL VOTE: Ayes: 4 — Trustees Aktipis, Wolin, Yusuf and Zannis Nays: 2 — Trustees Manzo and Moy Abstain: 0 — None Absent: 0 —None Motion carried C. SLEP Investigation Update President Lalmalani stated interviews for investigators were done in closed session in order for investigators to discuss strategies for getting information. The investigation could be hampered if some of these strategies were discussed publicly. Manager Niemeyer stated that a scope of service was developed to hire an investigator to review the SLEP Sheahan issue. He briefly discussed the SLEP investigation questions and stated that they are posted on the Village website. He stated that there were four lead investigators from legal firms interviewed: Patrick Collins, Perkins and Coie William Seith, Bryce Downey and Lenkov Tom Skinner, Jones Day Ronald Safer. Schiff Hardin After the interviews, each firm was asked if they can do the investigation based on the scope of services for a ballpark figure of $25,000. Perkins and Coie, and Jones Day were unable to do for $25,000, and submitted proposals of $42,500 and $50,000 plus expenses respectively. Bryce Downey and Lenkov stated they can do the investigation for $25,000, and Schiff Hardin decided to not submit a proposal. He further stated that staff awaits Board direction in which firm to negotiate with, what the cap will be, and whether there will be any further changes to the scope of services. Resident Al Knuth believes that the Village should continue and be vigilante with the SLEP investigation. He stated that this is a learning process to avoid future problems and designed to protect the residents from errors made by Village officials and administration. He stated the investigation should be to find out the who, the what, and the why. A break was taken for 9:12 pm to 9:19 pm. All Board members were present when the meeting reconvened. VILLAGE OF OAK BROOK MINUTES Page 9 of 16 REGULAR MEETING OF AUGUST 14, 2012 President Lalmalani stated that the current Board intends to get to the bottom of this issue. Resident William Lindeman stated that cost should not be a relevant factor in choosing who will conduct the investigation. Cost is secondary to getting good results. Trustee Manzo stated this is a fact finding mission and not a complicated report to put forth. He also stated that $25,000 is the highest he is willing to go because this is a very straight forward investigation. He stated that the public has the right to know what happened. He reiterated that this is not a criminal investigation. President Lalmalani stated that if the investigation shows that there were criminal activities, the Village will refer this matter to the state or federal authorities. Trustee Wolin stated all the firms interviewed are acceptable, but there are different degrees of acceptability. He stated that the right way to go is with either Patrick Collins or Tom Skinner. He stated both firms have significant experience. He recommends Patrick Collins' proposal of $42,500 to conduct the investigation. Trustee Aktipis agrees with Trustee Wolin. He stated that this is not a simple investigation and does require a very skillful investigator. All the investigators interviewed were acceptable but Patrick Collins and Ronald Safer were more qualified than others, based on the consensus of the Trustees at the closed meeting. He also stated the reason that he is calling for more openness is so residents can see Trustees points of view and how and why they make the recommendations that they make. He also stated that he understands Manager Niemeyer's position on why this subject was discussed in closed session. He urged the Board to do as much business as can be done in open session and limit what is discussed in closed session. Trustee Yusuf feels that any one of the investigators interviewed is well qualified to do the job. He stated that the Board owes its residents to get the best value. He is very confident that the results of the investigation will shed light on things and it will be money well spent. Trustee Moy stated that when looking at matters like this he does a cost benefit analysis. He does not think the investigation will answer all the questions that will be asked. He feels this investigation has a serious handicap in that the Village has no subpoena power. He also feels that the key players will not cooperate with the investigation. He has serious questions on how strong an investigation this will be, what the Village will do with the information garnered, and how the information will benefit Oak Brook. He feels the benefits of the investigation are nebulous and a long shot. He also stated that he has a duty to spend the Village's money in a wise and reasonable manner and therefore cost is a major factor in choosing an investigator. He further stated that it saddens him how disruptive this issue has become to the Board members and feels that it is not worth doing. VILLAGE OF OAK BROOK MINUTES Page 10 of 16 REGULAR MEETING OF AUGUST 14, 2012 Trustee Wolin stated that there is a lot of wisdom in Trustee Moy's comments but feels that the Village is obligated to conduct the study to clear the air. He also stated that the $42,500 proposed rate from Patrick Collins will give the Village a fairly decent report. Trustee Zannis asked Manager Niemeyer how it came about to interview William Seith. Manager Niemeyer stated the list of firms to interview came out of meetings the Committee consisting of himself, Trustees Manzo and Moy, and Attorney Friedman had. Trustee Manzo stated that William Seith contacted him and he referred him to Attorney Friedman. He also stated that the attorneys he recommended were not chosen to be interviewed. He also stated that if the investigation shows that Mr. Sheahan and Mr. Molaro did something illegal, the Village can rid itself of the $750,000 obligation. He further stated he supports the most affordable and best value for the investigation. President Lalmalani stated that the committee sought input from all Trustees on who should be interviewed for the investigation. Trustee Zannis stated that Trustees insisted on input in this process and insisted the interviews be an open process. She also stated she asked to be part of the interview process but was denied. She questioned the difference in cost among the attorneys interviewed. She believes that the Village needs to pursue this to the best of its ability and that reputations are at stake. She stated that she has been accused of corruption, entanglement, and involvement. It's the Board's obligation to do the best it can and to collectively decide how much it wants to pay for the investigation. She stated that she supports paying the $42,500 proposed by Patrick Collins. She wants as much information as possible and wants it publicly announced. She thinks the Board will have a lot to lose if this investigation is pushed under the carpet. President Lalmalani stated that he suggested a cap on cost and that the Board collectively chose $25,000. Trustee Manzo stated that there were no accusations that any Trustee did anything corrupt or illegal. His opinion is that the two Trustees that were on the Board when Mr. Sheahan and Mr. Molaro were hired should recuse themselves from the vote to avoid any appearance of impropriety. He also stated that if the investigation can be done at a reasonable amount, the Board owes the residents to do it for that amount. He further stated the conflict of interest he sees has nothing to do with an admission of guilt. Motion by Trustee Manzo, seconded by Trustee Moy to finalize an agreement with the lowest bidder, William Seith, Bryce Downey and Lenkov in the amount of $25,000. ROLL CALL VOTE: Ayes: 4 — Trustees Manzo, Moy, Yusuf, and President Lalmalani Nays: 3 — Trustees Aktipis, Wolin, and Zannis Abstain: 0 —None VILLAGE OF OAK BROOK MINUTES Page I I of 16 REGULAR MEETING OF AUGUST 14, 2012 Absent: 0 —None Motion carried Trustee Aktipis stated that the comments made today are the best demonstration as to the need to proceed with the investigation the way Trustee Zannis mentioned. He believes that indirect accusations and innuendos have been made and he would like to see the best possible investigation conducted. Trustee Manzo stated that he made innuendos towards Mr. Sheahan and Mr. Molaro, not towards Trustees. Trustee Zannis remembers clearly that there were innuendos made against other Trustees. She stated that she does not want President Lalmalani to cast the tying vote on this issue because she does not believe he is objective. She suggested that he recuse himself from the vote. Amended motion by Trustee Zannis, seconded by Trustee Aktipis to finalize an agreement with Patrick Collins in the amount of $42,500. ROLL CALL VOTE: Ayes: 3 — Trustees Aktipis, Wolin, and Zannis Nays: 4 — Trustees Manzo, Moy, Yusuf, and President Lalmalani Abstain: 0 —None Absent: 0 —None Motion fails Manager Niemeyer stated the difference in cost between the firms is related to the hourly rates they charge. He cautioned the Board about speculating on who may or may not have conducted any illegal activity. He stated that one of the purposes of the investigation is to determine if any illegal activity had taken place. Trustee Aktipis asked Manager Niemeyer if Patrick Collins is willing to reduce his fee of $42,500. Manager Niemeyer stated Patrick Collins can do a summary report at a reduced cost rather than a full report for $42,500. He stated that a summary report may cause some concern with residents and the public. Trustee Aktipis asked if the Board can negotiate a cost of $32,000 with Patrick Collins to conduct the investigation. Trustee Manzo called for the question. Trustee Zannis asked if Trustee Aktipis can get a vote on his idea. Attorney Friedman stated that a motion was not made and that a call for the question takes precedence. President Lalmalani expressed his disappointment in being asked to recuse himself from VILLAGE OF OAK BROOK MINUTES Page 12 of 16 REGULAR MEETING OF AUGUST 14, 2012 the vote. Trustee Zannis stated President Lalmalani's bias caused her to ask him to recuse himself. She stated his opinions and accusations have been very clear and explicit. She again asked Attorney Friedman if Trustee Aktipis can reintroduce his motion to overturn the previous motion and reconsider spending $32,000 on Patrick Collins. President Lalmalani stated a motion and a vote has already been done. Trustee Manzo stated that Patrick Collins did not submit a proposal in the amount of $32,000. He also stated that he is disappointed in Trustee Zannis' comments towards President Lalmalani. He further stated that the focus needs to be on Mr. Sheahan and Mr. Molaro. Manager Niemeyer stated that Patrick Collins sent an email stating that he can prepare an executive summary report of 2 — 3 pages for $30,000 - $35,000 but this may be perceived negatively by the public and that he is reluctant to commit to that work product without further discussion. Trustee Aktipis stated that when interviewing Mr. Collins, he did state that the high cost is due to writing the report. He also stated that he feels that the Village can get a very reasonable report. Motion by Trustee Aktipis, seconded by Trustee Zannis that in the event that Mr. Collins will be willing to do a shortened report but a full investigation for $32,000, this should be considered first, then William Seith as the second possibility. ROLL CALL VOTE: Ayes: 3 — Trustees Aktipis, Wolin, and Zannis Nays: 4 — Trustees Manzo, Moy, Yusuf, and President Lalmalani Abstain: 0 — None Absent: 0 —None Motion fails Trustee Manzo stated choosing Patrick Collins makes very little sense because his hourly rate is $600 per hour. Trustee Wolin stated that Patrick Collins stated that most of the investigation will be conducted by an FBI agent at $200 per hour. He stated that the investigation portion is very important. Trustee Zannis stated that Mr. Seith's area of expertise is in environmental issues. She also stated that Patrick Collins expertise far outweighs Mr. Seith's and is worth the extra $7,000. VILLAGE OF OAK BROOK MINUTES Page 13 of 16 REGULAR MEETING OF AUGUST 14, 2012 10. ACTIVE BUSINESS A. Confirmation of Appointments — NONE B. Ordinances & Resolutions — NONE C. Award of Contracts —NONE D. IRMA Presentation — Public Official Liability Coverage Susan Garvey, IRMA's Director of Legal Services presented a PowerPoint presentation on Public Officials Liability Coverage and other areas of the Village's coverage under IRMA. The presentation outlined the following: • The reasoning behind joining a liability insurance risk pool • The difference between an insurance company and a risk pool • Public officials liability exposures • State actions (libel, slander, or malicious prosecution) • Federal actions (freedom of speech and religion, right of equal protection and due process) • Internal exposures • External exposures • Punitive damages • Coverage • Insuring agreement • Definition of member • Public officials liability coverage trigger • Defense provisions • Other IRMA coverage • Optional IRMA coverage Resident Al Knuth asked who makes the decision to either payout or go to court in cases brought against the Village. Susan Garvey stated that IRMA would make the recommendation to the Village. Trustee Manzo asked Susan Garvey a few questions regarding IRMA coverage and official capacity. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer stated that the first Polo match will be held on Sunday, August 19a' at 1:00 pm. Tickets are on sale at Village Hall, Library and Golf Course, as well as on- line at www.oakbrookpoloclub.com. The residential ticket rate is $15. VILLAGE OF OAK BROOK MINUTES Page 14 of 16 REGULAR MEETING OF AUGUST I4, 2012 Manager Niemeyer reminded everyone that the next Board meeting will be September I IIh and that a ceremony is scheduled at 11:00 am at the Library. More information on the September I Ith ceremony will follow. B. VILLAGE CLERK Clerk Pruss stated that there are 85 more days before the November election and asked everyone who has not registered yet to come to the Village or the Library to do so. Absentee ballot applications are also available. C. TRUSTEES Trustee Manzo stated that the Village did a wonderful job on advertising Polo. He also thanked Assistant Manager Wing on the wonderful job done on the Village website. Trustee Moy discussed the Committee formed to review all Village legal costs and the goal to reduce those costs. He also stated that this year's legal costs will be significantly less than last year's costs. Trustee Zannis revisited the transparency issue. She stated that transparency also includes Trustees communicating amongst themselves. It should be insured that all Board members are aware of all decisions made and that they have an opportunity for input. Examples she used are the selection of the Police Chief and SLEP Investigation. She also stated that creating a united team will take us from good to great and will move Oak Brook forward. She further stated that this should be an objective of the Village Manager. Trustee Yusuf sent his condolences to the victims of the Wisconsin tragedy. He also reminded everyone that school starts soon and asked everyone to use extra caution on the roads. D. VILLAGE ATTORNEY — NONE E. VILLAGE PRESIDENT Chief Kruger reminded everyone that the Citizen Police Academy starts on September 5th Applications are available on the Village website and at the Records window in the Police Department. Jacob Post reminded everyone to come to the Library for great books and programs. Public Works Director Hullihan reminded everyone that the West Nile Virus is making local and national news. He also stated the Village is spraying tonight in coordination with surrounding communities. 12. ADJOURNMENT TO CLOSED SESSION For the purpose of discussing (1) setting of a price for sale or lease of property owned by the public body, (2) collective negotiating VILLAGE OF OAK BROOK MINUTES Page 15 of 16 REGULAR MEETING OF AUGUST 14, 2012 matters, (3) pending, probable, or imminent litigation matters, and (4) minutes of meetings lawfully closed under this act pursuant to section 2c(6), 2c(2), 2c(11), and 2c(21) of the Illinois open meetings act, respectively Motion by Trustee Manzo, seconded by Trustee Wolin to Adjourn to Closed Session For the purpose of discussing (1) setting of a price for sale or lease of property owned by the public body, (2) collective negotiating matters, (3) pending, probable, or imminent litigation matters, and (4) minutes of meetings lawfully closed under this act pursuant to section 2c(6), 2c(2), 2c(11), and 2c(21) 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 Session at 11:00 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 12:04 am. VOICE VOTE: Motion carried. ATTEST: /s /Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 16 of 16 REGULAR MEETING OF AUGUST 14, 2012