Minutes - 10/11/2011 - Board of TrusteesMINUTES OF THE OCTOBER 11, 2011 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK APPROVED AS WRITTEN
ON NOVEMBER 8, 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 Michael Manzo, Mark Moy, Gerald
Wolin, Asif Yusuf, and Elaine Zannis.
ABSENT: Trustees Stelios Aktipis
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Robert Kallien, Community Development Director, Sharon
Dangles, Finance Director; Gary Clark, Fire Battalion Chief; Sue Madorin,
Library Director; Steve Larson, Police Department Consultant; Michael
Hullihan, Public Works Director; and Andrew Fisk, Acting Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Lalmalani recognized and welcomed the Chinese officials from the Beijing
People's Congress.
Trustee Moy welcomed the Chinese officials and stated they are here to learn how other
governments run and to take back useful information that may be adaptable in their
homeland. He stated he just returned from Beijing at the invitation of their government
officials. He stated he had a wonderful time and was very impressed with the economic
development of the last ten years.
President Lalmalani stated that there will be a Recycling Event at the Library on October
29'.
President Lalmalani announced that the Village will be hosting a "Taking Care of Business
Day" at the Library on November P, from 10 AM — 2 PM. Representatives from the
Village, Secretary of State, Elmhurst Hospital, McDonalds and Costco will be present. He
stated more information on the types of services offered can be found on the table in the
back of the Board Room, at the Library, or on the Village website.
President Lalmalani announced that the Village will be hosting the first Economic
Development Summit on November 30th. He stated details will posted on the Village
website shortly.
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President Lalmalani stated that the Trustees have shortlisted the Police Chief applications
and interviews will be taking place in the next few weeks.
President Lalmalani stated that a Polo Committee has been formed under the leadership of
Trustee Zannis and Resident Harry Peters. He is hoping for an update from the committee
at the next Board meeting.
President Lalmalani announced that he will be traveling to Springfield during the veto
session on November 10a' with Trustee Moy, Manager Niemeyer and several Homeowner
Association Presidents.
President Lalmalani announced that residents will save 30% and small businesses will save
32% off the supply portion of their electricity bill starting in January due to the electric
aggregation program.
President Lalmalani welcomed Andrew Fiske as Acting Village Attorney in Peter
Friedman's absence.
4. RESIDENTNISITOR COMMENT
Residents who signed up to speak will do so during the agenda item.
5 APPROVAL OF MINUTES
REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 13, 2011
Motion by Trustee Manzo, seconded by Trustee Moy to approve the Minutes of the
Regular Board of Trustees Meeting of September 13, 2011. VOICE VOTE: Motion
carried.
SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 24, 2011
Motion by Trustee Yusuf, seconded by Trustee Zannis to approve the Minutes of the
Special Board of Trustees Meeting of September 24, 2011. VOICE VOTE: Motion
carried.
SPECIAL BOARD OF TRUSTEES MEETING OF SEPTEMBER 27, 2011
Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
Special Board of Trustees of September 27, 2011. VOICE VOTE: Motion carried.
7. 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 7, 2011 - $416,078.53
Significant Items Included in the Above:
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a) Seyfarth, Shaw, LLP — Legal Services — August 2011 - $1,462.50
b) Odelson & Sterk, Ltd. — Legal Services — September 2011 - $14,287.80
c) Mesirow Insurance Services Inc. — 2010 & 2011 Service Fee - $26,000.00
d) Christopher B. Burke Engineering Ltd. — P.O. #5 — 2011 Paving
Construction Inspection - $23,256.05
B. Approval of Payroll for Pay Period Ending October 1, 2011 - $670,401.42
C. Approval of Special Retro Payroll for Non -Union Employees - October 6, 2011 -
$103,129.08
D. Community Development Referrals
E. Authorization to Seek Bids or Proposals or Negotiate Contracts
F. Budget Adjustments
G. Ordinances and Resolutions:
1) RESOLUTION 2011- PL- AG -EXl -R -1131, A Resolution Approving and
Authorizing the Execution of the Third Amendment to the Professional Service
Contract Between the Village of Oak Brook and Stephen E. Larson
2) ORDINANCE 2011- VAC -CEM -S -1323, An Ordinance Re- Authorizing and
Ratifying the Vacation of the Thurston Cemetery
3) ORDINANCE 2011 -WA- WELL -EXI -S -1322, Limited Area Groundwater
Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by
the Installation or Use of Potable Water Supply Wells or By Any Other Method
in a Designated Area of the Village of Oak Brook, Illinois
4) RESOLUTION 2011 -IGA -GIS -R -1130, A Resolution Approving and
Authorizing the Execution of a Memorandum of Agreement for Sharing of
Geographic Information System (GIS) Data By and Between the Village of
Oak Brook and DuPage County
5) ORDINANCE 2011- LC -AL -G -952, 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
VILLAGE OF OAK BROOK MINUTES Page 3 of 11 REGULAR MEETING OCTOBER 11, 2011
H. 2011 Water Main Replacement Project — South Half of Timber Trails Subdivision
— Change Order No. 2
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5— Trustees Manzo, Moy, Wolin, Yusuf and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
8. ITEMS REMOVED FROM CONSENT AGENDA
1) A.I. Seyfarth, Shaw— Legal Services — August, 2011 - $1,462.50
Trustee Manzo stated he opposes the $390 per hour rate the Village is being charged from
this firm. He recommends that a mechanism be put in place that anytime the Village is
charged over a certain rate, prior Board approval is needed.
Trustee Wolin stated for this particular bill and matter, the hourly rate can be justified due
to the high exposure to the Village. He recommends that this matter be discussed in closed
session.
Trustee Moy expressed his concern with adopting a resolution for prior Board approval for
legal bills. He stated this will add another layer of bureaucracy to the system. He also
stated cost is not always the deciding factor and sometimes a specialized attorney is
needed.
Manager Niemeyer stated the bill is for an ongoing case that the Board has previously
discussed. He also stated this should be discussed in closed session.
Motion by Trustee Manzo, seconded by Trustee Zannis to approve item A.1.
ROLL CALL VOTE:
Ayes: 4— Trustees Moy, Wolin, Yusuf and Zannis
Nays: 1 — Trustee Manzo
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
2) A.2. Odelson & Sterk, Ltd. - Legal Services — September, 2011 - $14,287.80
Trustee Manzo stated the majority of this bill is for prosecution services. He also stated
that the process of hiring a new prosecuting attorney has been completed and the monthly
fees will be capped at $3,300.
Trustee Wolin asked Attorney Fiske when a resident completes a FOIA form requesting a
VILLAGE OF OAK BROOK MINUTES Page 4 of 11 REGULAR MEETING OCTOBER 11, 2011
copy of a bill from an attorney, is it necessary to redact everything. Attorney Fiske stated
the law allows certain redactions but it depends on the specific statutory exemption. He
also stated that there are times that a full redaction is appropriate.
Motion by Trustee Wolin, seconded by Trustee Moy to approve items A.2.
ROLL CALL VOTE:
Ayes: 4— Trustees Moy, Wolin, Yusuf and Zannis
Nays: 1 — Trustee Manzo
Abstain: 0 —None
Absent: 1 — Trustee Aktipis
Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS —NONE AT THIS TIME
9. UNFINISHED BUSINESS
A. UPDATE — ELECTRIC AGGREGATION BIDS
Trustee Wolin stated that he is happy to report that as a result of the actions the Village,
starting January 1, 2012, most residents and many small businesses will receive a
significant savings on the supply section of their electricity bill, 30% for residents and 32%
for small businesses. The savings are guaranteed for two years. He stated that Manager
Niemeyer and Rania Serences have done a terrific job learning about the process and
guiding the Village through it. He also stated the Electric Reliability Committee and
Attorney Andrew Fiske have worked over the last several months on electric aggregation
and have guided the Village as well. Trustee Wolin further explained the different sections
of the ComEd bill, the Village's electric aggregation program, and the deregulation of the
supply of electricity.
Manager Niemeyer stated the Village Board deserves a lot of credit for their leadership on
the electric aggregation program. He stated this has been a team effort with the Board,
staff, Andrew Fiske and the Electric Reliability Committee. He also stated that in the next
couple of weeks, the Village will be assembling information for eligible residents and
small businesses. He stated eligible residents and small businesses will be automatically
enrolled in the program unless they opt -out. Those already with an alternative supplier are
eligible for the rates the Village received but they cannot be automatically enrolled. The
supplier will give the Village information on how they can enroll in the program. He
further stated that this is good for residents and small businesses.
Trustee Moy stated his biggest concern was that the Village will go through this entire
process and not realize a significant savings. He stated that the 30% savings was a very
pleasant surprise and thanked David Niemeyer and his staff for their work on this matter.
Trustee Yusuf stated none of this would have been possible without the voters allowing the
Village to pursue the electric aggregation program. He stated that the rate received by Oak
Brook is the lowest rate received for an electric aggregation program so far.
President Gopal thanked everyone involved in the Village's electric aggregation program
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and also thanked the residents for their patience.
Manager Niemeyer stated the goal is to get the agreement approved at the next Board
meeting.
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS — NONE AT THIS TIME
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2011- AG -EX1-R -1127, A Resolution Approving and Authorizing the
Execution of an Agreement for the Phase 1 Highway Traffic Noise Study By and Between
the Village of Oak Brook and Civiltech Engineering Ltd
Trustee Zannis stated this is for approval of a professional services agreement with
Christopher Burke and Civil Tech for the Traffic Highway Noise Study. This is specific to
the subdivisions of York Woods, Forrest Glen, and Woodside Estates. She stated they will
measure the noise level and analyze whether the Federal Highway Noise Abatement
criteria are being exceeded.
Motion by Trustee Zannis, seconded by Trustee Wolin to approve Resolution 2011 -AG-
EXl -R -1127, A Resolution Approving and Authorizing the Execution of an Agreement
for the Phase 1 Highway Traffic Noise Study By and Between the Village of Oak Brook
and Civiltech Engineering Ltd.
ROLL CALL VOTE:
Ayes: 5 — Trustees Manzo, May, Wolin, Yusuf and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
2) RESOLUTION 2011- AG -EXl -R -1128 A Resolution Approving and Authorizing the
Execution of an Agreement for the Phase I Highway Traffic Noise Study By and Between
the Village of Oak Brook and Christopher B. Burke Engineering, Ltd
Motion by Trustee Zannis, seconded by Trustee Moy to approve RESOLUTION 2011 -
AG -EX1-R -1128 A Resolution Approving and Authorizing the Execution of an
Agreement for the Phase 1 Highway Traffic Noise Study By and Between the Village of
Oak Brook and Christopher B. Burke Engineering, Ltd.
ROLL CALL VOTE:
ROLL CALL VOTE:
Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OCTOBER 11, 2011
C. AWARD OF CONTRACTS — NONE AT THIS TIME
D. PROPOSED CHATEAU LOIRE ANNEXATION
Trustee Wolin stated that the Chateau Loire Association has requested an annexation. The
staff recommendation is to not approve it. The Chateau Loire Homeowners Association is
requesting this item to be tabled to a future meeting.
Manager Niemeyer stated a number of meetings have taken place on this matter. A
summary analysis has been prepared by staff. He stated staff has some concerns with a
potential reduction in the level of services with adding another subdivision to Oak Brook
without hiring additional staff. He also stated that Chateau Loire agreed to stay with their
current Fire Protection District if the annexation is approved. He also stated that meetings
with the Chateau Loire residents have been held and some recommendations made by the
village have been agreed to while others have not. Staff's recommendation, as a business
stand point, is to not approve the annexation.
Trustee Wolin stated his concern is that we are in a state of great economic uncertainty and
it will be very difficult to approve the annexation.
Trustee Manzo stated the decision should be based on if this benefits the Village as a
whole.
Trustee Yusuf stated we represent the people of Oak Brook and we have to look at this
objectively and decide what is best for the Village. He also stated that if there is a
mechanism to do this in a manner that makes sense for the Village, he is open to consider
it. He agrees to tabling this agenda item.
Trustee Zannis stated that she is in favor of tabling this agenda item to allow the residents
of Chateau Loire to gather more information.
Trustee Moy stated he would love to approve the annexation but it comes down to an
economic numbers game. If it is not economically feasible for Oak Brook, it will be very
hard to approve. He agrees with tabling the item.
Dr. Manuel Malicey, President of Chateau Loire Homeowners Association, gave a brief
history of Chateau Loire. He stated he received a letter from the Village Manager's office
stating the following:
1. Chateau Loire should pay for the special census ($10,000 - $12,000)
2. Chateau Loire should pay Oak Brook for lost revenue until the census is completed
($35,000 - $40,000)
3. Chateau Loire should stay with York Township Fire Protection District
4. Chateau Loire should agree to pay $2,000,000 for the water supply project in 2020.
They agree with all points but #4. He also stated Chateau Loire will be bringing $100,000
a year to Oak Brook, and will save the Village $150,000 a year by staying with the York
VILLAGE OF OAK BROOK MINUTES Page 7 of 1 I REGULAR MEETING OCTOBER 11, 2011
Township Fire Protection District. He further stated a young vibrant community can be
added to Oak Brook.
Steven Hovany, from Resident Strategy Associates, stated the main issue with the
annexation is the fiscal issue. He stated Chateau Loire is a good fit for Oak Brook. He
stated they want to grow and prosper. He further stated the many reasons why the
annexation should be approved.
S. Tapia, resident of Chateau Loire, stated he does not have anything additional to add and
stated he looks for a positive outcome to the annexation.
William Bower, resident of Chateau Loire, spoke of the lifestyle of the residents. He
stated he is excited with being a part of Oak Brook because of the services provided.
Dan Mowrer, resident of Chateau Loire, stands in support of the annexation.
Vince Valente, resident of Chateau Loire, stated he supports the annexation request.
Keith Cooper, Secretary of the Chateau Loire Homeowners Association, stated he
appreciates the time Manager Niemeyer spent with them. He also stated Oak Brook has
decreased in population in the last twenty years. He also stated one thing they bring to the
table is that Chateau Loire is an entry point for young professional families. Their
population is growing and would be a positive addition to Oak Brook. He further gave a
brief history of their decision to request an annexation.
Usha Norman, resident of Chateau Loire, stated a community is not only made up of the
financial benefits, but what benefits a group like Chateau Loire can bring to a community.
She also stated Chateau Loire is an integral part of Oak Brook.
Manager Niemeyer stated the difference in the projected revenue generation by Chateau
Loire and the Village of approximately $35,000 is due to sales tax. Oak Brook already
receives the sales tax revenue, making the Village's projection $65,000, were as Chateau
Loire's projection is $100,000. He also stated the residents of Chateau Loire also agreed
to pay non - residential rates for services. He also stated that Downers Grove is not looking
into annexing Chateau Loire at this time. He further stated that if Oak Brook annexes
Chateau Loire, there will be a reduction in the tax rate for Oak Brook residents on their
water bills.
Dr. Malicey stated that the Village of Oak Brook's request of the $2,000,000 payment for
the 2020 water supply project will be a very difficult sell to the homeowners. He also
stated that maybe there can be a middle ground between Oak Brook and Chateau Loire.
He further stated that Chateau Loire is an asset to Oak Brook.
Trustee Wolin stated he worries that if this is tabled, there will be an expectation from
Chateau Loire that this will be approved. He recommends that a vote be taken.
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Trustee Manzo disagrees with Trustee Wolin and stated there is nothing to vote on tonight
since both sides are trying to find a middle ground.
Trustee Moy stated he is unclear with what the numbers are and would like to see a clearer
picture of liabilities versus assets of the annexation. He also stated he is impressed with
the showing of residents of Chateau Loire at the Board meeting.
Motion by Trustee Wolin, seconded by Trustee Manzo to table the proposed Chateau Loire
Annexation.
ROLL CALL VOTE:
Ayes: 5 — Trustees Manzo, Moy, Wolin, Yusuf and Zannis
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Aktipis
Motion carried.
E. VILLAGE SURVEY — PRESENTATION ONLY
Assistant Manager Wing presented a PowerPoint presentation on the 2011 Resident and
Business Survey Responses. The presentation covered the following:
• 23.8% residential response rate
• 3,618 surveys distributed
• 860 responses received
• Very positive overall results
• Valuable and significant comments received
91 % rely on the Village Newsletter for information
• Suggestions on improvements by residents and businesses
• 59% rate the quality of life in Oak Brook as very good
• Strong business support of the Chamber of Commerce and Greater Oak Brook
Partnership Project
• Responsive Board and staff
• Positive business climate
Proactive measures to be taken to improve based on residential and business
suggestions
Trustee Moy asked if there was a response rate for the businesses. Assistant Manager
Wing stated no. He stated the survey was sent to a targeted amount of businesses. He also
stated the response rate is statistically higher than in the past.
Trustee Zannis complimented staff and stated the presentation was excellent and the
survey should be conducted on an annual basis.
F. TREE REMOVAL ORDINANCE DISCUSSION
Trustee Wolin stated this is a recommendation to draft a hazardous tree ordinance. The
ordinance will require the Village to make assessments of trees on private property which
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could be jeopardizing adjacent private properties. If staff concludes that a tree presents a
hazard, the owner will be required to remove the tree. He also stated we have to be careful
with this type of ordinance because it can be abused.
Trustee Yusuf stated he intends to support this motion and this is a necessary tool for the
Village to remove hazardous trees.
Public Works Director Hullihan stated the Village is currently limited to visits,
evaluations, and advice in situations of hazardous trees on private property. He also stated
other communities have these types of ordinances. He also stated that there is a risk of
potential abuse, and a considerable resource expenditure may be required. He further
stated that he will work with Attorney Friedman on an ordinance that makes sense and is
within Illinois code.
Motion by Trustee Wolin, seconded by Trustee Manzo to move that the Director of Public
Works and the Village Attorney draft an ordinance regarding hazardous trees for
consideration at a future Village Board meeting. VOICE VOTE: Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER - No Updates
B. VILLAGE CLERK
Clerk Pruss stated that the Village received a letter complimenting our Police Officers.
Clerk Pruss also stated that solicitors must fill out applications to solicit in the Oak Brook
area.
C. TRUSTEES
Trustee Manzo stated that he and Trustee Moy will be conducting interviews in the near
future for a Labor Attorney. He invited the other Trustees and President Lalmalani to be
part of the interview process.
Trustee Yusuf stated saving money is a good thing and is very proud of the actions taken
by the Village on the electric aggregation program. He also wondered why Illinois hasn't
passed similar legislation on natural gas and suggested it be mentioned when President
Lalmalani and others travel to Springfield.
D. VILLAGE PRESIDENT
Library Director Madorin extended an invitation to the community for the Evergreen
Family Concert to be held on Sunday, October 23`d at 3:00 pm. She also mentioned the
Recycling Event and the Take Care of Business Event that will be held at the Library.
Public Works Director Hullihan stated the annual road and water main improvements have
been completed. He also stated the State is making good progress on 22 "d Street
improvements. He further stated the leaf pick -up schedule is in the fall newsletter and on
the website. He asked residents to call the Public Works Department with any questions.
VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OCTOBER 11, 2011
Community Development Director Kallien gave a brief update on the two vacant hotels.
He stated the Renaissance Hotel will hopefully be renovated soon. He also stated that he
spoke with the new owners of the Drake Hotel and informed them of what they can and
cannot do.
12. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Zannis to adjourn the Regular Meeting of
the Board of Trustees at 8:57 pm. VOICE VOTE: Motion carried
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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