Minutes - 10/09/2012 - Board of TrusteesMINUTES OF THE OCTOBER 9, 2012 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON
APRIL 29, 2013
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
7:04 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; Sue Madorin,
Library Director; James Kruger, Police Chief, Mike Hullihan, Public
Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman,
Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Lalmalani stated that discussions have begun with the Butler School District
about using a part of the sports core land for their school consolidation plans. This
discussion is in the preliminary stages and public input will be sought before any type of
decision is made.
President Lalmalani stated that the Ad -hoc Legal Bill Committee with be meeting again
on Wednesday, October 10`s at 5 pm. The Committee will be making some
recommendations to the Village Board to reduce legal expenses.
4. RESIDENTNISITOR COMMENT
Resident Al Knuth stated that the York Woods Water Main Project was a job well done.
Other residents and visitors who signed up to speak will do so during the agenda item.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 25, 2012
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the
Regular Board of Trustees Meeting of September 25, 2012. VOICE VOTE: Motion
carried.
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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 October 5, 2012 - $826,624.82
Significant Items included in Above:
1) Holland & Knight, LLP — Legal Services — August, 2012 - $13,792.31
(FY12 — YTD - $113,988.60)
2) Seyfarth, Shaw, LLP — Legal Services — August & September, 2012 - $5,511.61
(FY 12 — YTD - $79,268.84)
TOTAL LEGAL BILLS PAID FOR 2012 - $320,438.68
3) J.A. Johnson Paving Co. — Payout #3 — 2012 Paving Project - $244,832.42
4) Vian Construction — Payout #5 — 2012 Water Main Project - $225,886.88
B. Approval of Payroll for Pay Period Ending September 29, 2012 - $699,884.64
C. Community Development Referrals — NONE
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Pyrotechnics
E. Budget Adjustments — NONE
F. Ordinances & Resolutions
1) ORDINANCE 2012- LY -EX -S -1352, An Ordinance Adopting a Revision to the
Library Meeting Room and Quiet Study Rooms Policy
2) ORDINANCE 2012 -PP -S -1353, An Ordinance Authorizing the Sale by Auction
or Broker or Donation of Certain Items of Personal Property Owned by the
Village of Oak Brook
3) RESOLUTION 2012- DUCOMM- AG -EX -R -1206, A Resolution Approving and
Authorizing a Memorandum of Understanding By and Between the Village of
Oak Brook and the DuPage Public Safety Communication Cooperative Regarding
Alarm Monitoring
4) RESOLUTION 2012- ADHOC- ENHANCE - CMTE -R -1207, A Resolution
Amending Resolution R -1191 to allow for the Appointment of Co- Chairs to the
Village Ad Hoc Residential Enhancement Committee
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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
BOARD & COMMISSION RECOMMENDATIONS — NONE
A. Final Plat of Tracey Parrillo Trust Consolidation — 8 and 10 Gateway Court — Final
Plat of Consolidation
Trustee Moy stated that the Plan Commission completed its review and deliberations on
an application from Tracey Parrillo, on behalf of Tracey Parrillo Revocable Trust, as
owner of two lots located at 8 and 10 Gateway Lane seeking approval of a final plat of
consolidation to create a single lot.
Motion by Trustee Moy, seconded by Trustee Zannis to concur with the recommendation
from the Plan Commission with regard to the approval of the requested final plat of
consolidation to combine 8 and 10 Gateway into a single lot subject to the following
conditions:
1. All planned improvements will fully comply with the setback provisions of the R-
3 Zoning District.
2. The existing detention easements will be maintained as presently configured.
3. Adoption of a resolution necessary to grant the requested final plat, which
resolution the Village Attorney shall by this motion be directed to prepare for
consideration at the October 23, 2012 Board of Trustees meeting.
VOICE VOTE: Motion carried
9. UNFINISHED BUSINESS —NONE
10. ACTIVE BUSINESS
A. Confirmation of Appointments
1. Ad -Hoc Residential Enhancement Committee
Motion by Trustee Aktipis, seconded by Trustee Manzo to confirm President Lalmalani's
recommendation to appoint Cristin Jones and Todd Rusteberg as Co- chairs, and to
appoint Mai Truong, Roger Taylor, Karen Giandonato, Lina Shah, Kathy Iaccino, Sharon
Kocour, Jim Lazzarini, and David Thommes to the Oak Brook Ad -hoc Residential
Enhancement Committee for terms that expire October 10, 2013. VOICE VOTE: Motion
carried.
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2. Discussion of Vacant Board of Fire & Police Commissioners Appointment — John
Pircon
Attorney Friedman stated that Trustees Wolin and Zannis contacted Manager Niemeyer to
request that the issue of the soon -to -be vacant Board of Fire & Police Commissioners
appointment and the possibility of John Pircon filling this vacancy be placed on the
agenda for discussion. He stated that it is his recommendation that this item not be on the
agenda because according to the Village ordinance, an item must be submitted by noon on
Thursday in order to be included on the agenda. The request to include this item was
made on Friday. He also stated that this item can be discussed as part of item 10.A.3.
Trustee Aktipis asked Manager Niemeyer if we have adhered to the deadline for requests
to add an item to the agenda in the past. Manager Niemeyer stated no.
Trustee Aktipis asked for a point of order.
3. Board of Fire & Police Commissioners
President Lalmalani stated that he would like the Board to approve the appointment of
William Weiss to the Oak Brook Board of Fire and Police Commissioners. He stated the
Commission is comprised of three members who serve a term of three years.
Trustee Wolin stated that appointing to the BFPC is a very important decision, and is
especially important now since there is a major lawsuit that the Village has with a former
Police Officer. He recommends reappointing John Pircon rather than appointing William
Weiss because:
1. He served the Village extremely well for the past three years.
2. The persons who have worked most closely with John Pircon are John Barr
and Ed Main. Both have been very impressed with John Pircon and have on
multiple occasions recommended to President Lalmalani to reappoint him.
3. During the last two months, John Pircon has provided invaluable support in the
major lawsuit by former Police Officer Steve Peterson because of his specific
knowledge of what took place.
4. Although a lot of progress has been made on the Steve Peterson lawsuit, it is
still in the early stages and it is inevitable that this lawsuit will continue for a
long period of time.
5. The BFPC has a long learning curve and it will be unfair to the current BFPC
members to burden them with breaking in a new member during this critical
period. It is beneficial for the Village to have outstanding commissioners like
John Pircon to serve at least two terms.
6. Community leaders have also encouraged President Lalmalani to reappoint
John Pircon.
7. President Lalmalani himself stated he has no problem with reappointing John
VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF OCTOBER 9, 2012
Pircon.
Trustee Wolin acknowledged that William Weiss did very well during the interview
process and will someday make an excellent Commissioner, just not right now. He
strongly recommended that President Lalmalani immediately appoint William Weiss to
the Ad -Hoc Legal Committee. He stated that the case for reappointing John Pircon is so
strong that, in his opinion, it is unconscionable and irresponsible to think that President
Lalmalani would appoint someone else at this critical time. Finally, he encouraged
President Lalmalani to abide by his previous statements to listen to the Trustees, a solid
majority of who support John Pircon's reappointment.
Trustee Zannis stated that is it in Oak Brook's best interest to appoint John Pircon. She
also stated that the rumors regarding an implication of pay to play concerning John Pircon
are far - fetched, unfair, and unjust. She stated whether you like John Craig or not, he did
make several good appointments and that John Pircon was one of them. She also stated
that John Pircon is the best person for appointment at this time. She finally stated that
President Lalmalani should be responsive to the Board's and the people of Oak Brook's
request and appoint John Pircon.
President Lalmalani made a few clarifications. He stated that he did not know William
Weiss prior to the interview process. He also stated that John Pircon did not apply for
reappointment. He stated that Mr. Weiss is a seasoned attorney and a competent choice.
He stated that Mr. Weiss will bring a new prospective and an added benefit to the BFPC.
He stated that Mr. Pircon was a tremendous Commissioner and thanked him for serving
the extra time to help with the Steve Peterson case.
Trustee Yusuf stated that the Village President has the executive power of appointment
and that the Trustees role is to advise and to consent to the appointment.
Trustee Aktipis stated that the Board may be ignoring the best qualified candidate for
someone else. He agrees with Trustee Wolin's comments and reasons on why John
Pircon should be reappointed. He stated that the BFPC is dealing with a number of very
important issues and that a change now is not beneficial. He stated that Mr. Weiss is an
intelligent, well educated, and qualified individual. He stated that President Lalmalani is
ignoring the majority of the Trustee's advice and putting Trustees in an uncomfortable
position by creating a non - harmonious working relationship. He further stated that it is
distressing that President Lalmalani placed the Trustees in a position to vote against his
appointment.
President Lalmalani again clarified that John Pircon chose to not reapply and stated that
everyone who interviewed William Weiss considered him an excellent choice for the
appointment. He stated that he would not propose to appoint anyone who is merely
mediocre. He further stated that Mr. Weiss is the best candidate and will have a new and
fresh perspective to the BFPC.
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Trustee Manzo stated that every Trustee has a different opinion on who is the best
qualified person for the appointment. He stated that the President of Oak Brook makes
the choice on who to appoint. He feels that this is more of a power struggle than what is
best for Oak Brook. He also feels that the discussion should only be about Mr. Weiss. He
believes that William Weiss is very qualified for the appointment.
Trustee Moy believes that the best candidate should be chosen and that the Board has a
responsibility to do what is right for Oak Brook. He stated that John Pircon is the best
candidate for the position and that he was interviewed for reappointment after his term
expired. To turn John Pircon down again is an insult and does not show him any respect
or appreciation. He further stated that the right thing to do is to reappoint John Pircon.
President Lalmalani clarified that John Pircon did not ask to be reappointed.
Trustee Yusuf asked Attorney Friedman to read the section on appointments in the
Village code.
Attorney Friedman read the appropriate section of the municipal code.
Trustee Zannis asked President Lalmalani why he did he make an appointment that he
knows will not pass.
President Lalmalani stated that he appointed someone that the Board stated was
acceptable.
Trustee Zannis stated this is not the case. She stated that the Trustees did acknowledge
that all who were interviewed were good but that they wanted President Lalmalani to
reappoint John Pircon.
Trustee Wolin stated that if the Board does not confirm William Weiss' appointment, it
will be extremely unwise of the President to make a temporary appointment. He stated
that we know from experience that there is tremendous benefit to having long term
commitment to the BFPC. The long term experience on the BFPC is valuable. He also
stated that John Pircon has history that can help the Village with the Steve Peterson
lawsuit.
Trustee Manzo reminded everyone that Mr. Pircon did not apply or interview for the
position. He stated that if the appointment of Mr. Weiss is not confirmed tonight, leaving
the position vacant would be the worst possible decision and a disservice to Oak Brook.
He also stated that everyone is entitled to their own opinion.
Trustee Aktipis stated he is uncomfortable with the comments Trustee Manzo made
regarding leaving the position vacant if Mr. Weiss is not appointed tonight. He believes it
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puts the Trustees in a very awkward position. He stated that President Lalmalani should
have listened to the advice of the Trustees prior to making the appointment. He further
stated that no convincing arguments have been made tonight in confirming the
appointment of William Weiss.
Resident Al Knuth stated that he is uncomfortable that John Pircon is being discussed
without him applying or interviewing for the position. He is also uncomfortable that there
are questions about his previous appointment and donations. He also stated that he is
worried that some of the Trustee's passion for reappointing John Pircon is clouding their
judgment. He believes that John Pircon should not even be discussed.
Trustee Zannis again asked President Lalmalani why he would appoint someone knowing
that he will be voted down.
President Lalmalani stated that he did not believe that the appointment of William Weiss
would have been voted down.
Resident John Baar stated that John Pircon did apply and was interviewed for the position.
He also stated that when Moin Saiyed backed out of the appointment, it was
recommended to the President that he appoint John Pircon but instead President Lalmalani
decided not to. He respectfully asked President Lalmalani to appoint John Pircon.
Trustee Wolin reiterated that leaving the position vacant is better than making a
temporary appointment if William Weiss is voted down.
Trustee Wolin asked Al Knuth if he still works for Trustee Manzo. He stated no.
Trustee Manzo stated that Al Knuth never worked for him.
Resident Al Knuth stated that he is an independent agent and that his office is in
Westmont.
Trustee Manzo stated that the merits of Mr. Weiss is what should be discussed, not John
Pircon. He also stated that he does not believe that Mr. Pircon is the best fit for the
position. He believes that the President will do what he feels is best for Oak Brook. He
stated that his vote will be based on whether he believes William Weiss is qualified for
the position.
Trustee Yusuf pointed out that the litigation in question is a result of a disciplinary action.
Trustee Wolin apologized to Trustee Manzo if he insulted him by asking Al Knuth if he
still works for him. Trustee Manzo accepted the apology.
President Lalmalani stated that he still stands by his appointment.
VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF OCTOBER 9, 2012
Motion by Trustee Manzo, seconded by Trustee Yusuf to confirm President Lalmalani's
recommendation to appoint William Weiss to the Oak Brook Board of Fire & Police
Commissioners to a vacant tern that expires in May 2015.
ROLL CALL VOTE:
Ayes: 2 — Trustees Manzo and Yusuf
Nays: 4 — Trustees Aktipis, Moy, Wolin, and Zannis
Abstain: 0 — None
Absent: 0 — None
Motion failed
B. Ordinances & Resolutions— NONE
C. Award of Contracts
Trustee Wolin stated that the truck is being purchased through a purchasing cooperative.
He also stated that the unit being replaced was purchased in 2001.
Motion by Trustee Wolin, seconded by Trustee Aktipis that the Village Board approve a
motion to issue a purchase order to Currie Motors, Frankfort, Illinois for one (1) 2013
Ford F -450 XL 4X4 DRW Chassis in the amount of $60,277.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 0 — None
Motion carried
D. Directory Sign/Jorie and Kensington
Motion by Trustee Manzo, seconded by Trustee Aktipis to direct staff to finalize the Jorie
Road/Kensington Avenue directory sign with interested users and Streetscape Committee.
VOICE VOTE: Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
Manager Niemeyer stated that over the past couple of years a few businesses in the Jorie
Road/Kensington Avenue corridor have expressed concerns that customers could not
easily locate their business. The possibility of installing a directory sign at the corner of
Jorie Road and Kensington Avenue that highlighted businesses in the area was
discussed. He further stated that what the Board just approved is to take steps to finalize
the details of the sign with the five businesses that have initially asked to be included.
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Manager Niemeyer stated that Donna Bettin will be contacting Trustees to set up budget
meetings.
B. VILLAGE CLERK
Clerk Pruss thanked the Public Works Department for planting flowers around Village
Hall.
Clerk Pruss stated that the Village can no longer register voters for the November 6d'
general election. She also stated that early voting is from October 22nd through
November P. She further stated that precinct maps, and early voting locations are
available at Village Hall and on the Village website.
Clerk Pruss discussed the April 9`h municipal election. She stated that three trustees are
up for re- election. Packets are available at Village Hall from 8:00 am — 4:30 pm through
December 20'.
C. TRUSTEES
Trustee Yusuf stated what we saw tonight was democracy in action and majority ruled.
He asked everyone to be extra careful out on the streets. He congratulated his neighbor
on her appointment.
Trustee Zannis agrees with Trustee Yusuf and stated that the discussion was well done.
Trustee Aktipis stated the differences of opinions at tonight's meeting were handled in a
civilized manner.
Trustee Wolin strongly advised President Lalmalani to not make a temporary
appointment to the BFPC.
D. VILLAGE ATTORNEY —NONE
E. VILLAGE PRESIDENT
President Lalmalani stated that a special Homeowners Association meeting will be held
on November 3`d to discuss the school consolidation proposal at the Sports Core.
Chief Kruger stated that the ETSB radio system is now complete and fully functional.
Chief McEllin stated that the Oak Brook Fire Department received the Emergency Call
of the Month awarded by Elmhurst Hospital.
Sports Core Director VanDyke stated that the Golf Club is still open for business. He
thanked the Oak Brook Park District for the Octoberfest partnership.
Finance Director Dangles stated that updated sales tax figures will be reported tomorrow
VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF OCTOBER 9, 2012
in the Managers Memo.
Assistant Manager Wing stated that the Halloween Trick or Treat hours will be from 4
PITT — 8 pm.
Trustee Moy wished Blaine Wing a happy birthday.
Public Works Director Hullihan stated that leaf pickup season is upon us and asked
everyone to not pile leaves near the street.
12. ADJOURNMENT TO CLOSED SESSION, For the purpose of discussing (1) pending,
probable, or imminent litigation matters, (2) to consider the following sale or lease of
property owned by the public body, and (3) minutes of meetings lawfully closed under
this act pursuant to section 2c(11), 2c(6), and 2c(21) of the Illinois Open Meetings Act,
respectively
Motion by Trustee Zannis, seconded by Trustee Manzo to adjourn to closed session for
the purpose of discussing (1) pending, probable, or imminent litigation matters, (2) to
consider the following sale or lease of property owned by the public body, and (3) minutes
of meetings lawfully closed under this act pursuant to section 2c(11), 2c(6), 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 8:38 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy, to adjourn the Regular Meeting of
the Board of Trustees at 9:09 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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