Minutes - 10/23/2012 - Board of TrusteesMINUTES OF THE OCTOBER 23, 2012 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS AMENDED ON
NOVEMBER 13, 2012
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; Robert L. Kallien, Jr.,
Community Development Director; Sharon Dangles, Finance Director;
Gary Clark, Battalion Chief; James Kruger, Police Chief, Mike Hullihan,
Public Works Director; Trey VanDyke, Sports Core Director; and Peter
Friedman, Village Attorney (arrived at 7:34 pm).
3. PRESIDENT'S OPENING COMMENTS
President Lalmalani announced that Item 5.13. will be removed from tonight's agenda.
President Lalmalani stated that he and Manager Niemeyer met with Cristin Jones and
Todd Rusterburg, the new co- chairs of the Residential Enhancement Committee and that
the first meeting of the Committee will be held on November 1 s1 at 7 pm.
President Lalmalani announced that the 2013 Budget Workshop meetings will be held on
November 8h and November 121h at 7 pm at Village Hall. He encouraged residents to
either contact the Managers office with budget questions or attend the hearings.
President Lalmalani stated that he, Trustees Moy, Zannis, Wolin, Moy, Yusuf, Clerk
Pruss, and Manager Niemeyer attended a Fall Legislative Luncheon hosted by the Greater
Oak Brook Chamber of Commerce. CEO's from various corporations presented
information about the Chamber's current congressional and state priorities and actions.
President Lalmalani reminded everyone that Trick or Treat hours for the Village are from
4 pm — 7 pm on Wednesday, October 31 ".
President Lalmalani announced that Trustee Asif Yusuf is celebrating his 501h birthday
today and wished him a very happy birthday.
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President Lalmalani stated that one of the important parts of Board meeting is the resident
comment section. In the past, occasionally trustees or other residents have questioned
residents who about issues that have nothing to do with their comments. He stated that we
need to respect our residents and the valuable insights they provide us and asked everyone
to refrain from questioning a resident about issues that have nothing to do with the items
the resident came to speak about. He also asked residents who wish to speak on a Village
matter or an agenda item to please sign up before hand.
Trustee Wolin stated that at the last Board he asked resident Al Knuth a follow -up
question that did not have to do with the topic being discussed and therefore led to a
misunderstanding. He stated that he should not have asked the question in a public forum.
He also stated that he and Al Knuth have a long and positive relationship and have
worked together on many topics. He further stated the he respects Al's commitment and
his wife's commitment in actions for the good of Oak Brook. He finally stated that he, Al
Knuth, and President Lalmalani met and came to a mutual understanding and agreement
to continue to work together in a positive way for the betterment of Oak Brook.
Trustee Aktipis stated that President Lalmalani's comments are well taken. He also stated
that Trustee comments should be allowed before resident comments during a discussion
on an agenda item.
President Lalmalani apologized and expressed his regret to Al Knuth for the interaction
that happened at the last Board meeting.
4. RESIDENTNISITOR COMMENT
Resident Mark Karambelas thanked Public Works for their hard work. He discussed the
last Board meeting and stated that it did not reflect well on anybody. He stated that items
can be discussed in a calm manner. He also stated that Bill Weiss would have done a
great job on the Police and Fire Commission. He wished Trustee Zannis good luck on the
upcoming election.
Resident Al Knuth thanked the Board members for putting an end to the events of the last
Board meeting and stated that it's now time to move forward.
Resident Dorothy Mikuska stated that Chateaux Woods does not want the annexation of
Chateaux Loire and listed the cons to the Village if the annexation should occur.
Resident Jeri Sadegi stated she opposes the annexation of Chateaux Loire. She also stated
that this issue needs to be put to rest.
Resident Mark Karambelas stated that Saddle Brook does not want any further annexation
into Oak Brook.
Trustee Moy and Aktipis asked to comment about the annexation of Chateaux Loire
VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF OCTOBER 23, 2012
President Lalmalani said no since this subject is not on the agenda and stated that Trustees
can make comments during the Trustee Comment section of the agenda.
Trustee Zannis called for a point of order.
Trustee Yusuf suggested that the Trustee Comment section of the agenda be moved to
after the Consent Agenda section.
Motion by Trustee Zannis, seconded by Trustee Aktipis to seek a point of order to
challenge President Lalmalani's decision to not allow Trustees Moy and Aktipis to make
comments until the Trustee Comment section of the agenda.
ROLL CALL VOTE:
Ayes: 3 — Trustees Aktipis, Moy, and Zannis
Nays: 4 — President Lalmalani, Trustees Manzo, Wolin, and Yusuf
Abstain: 0 — None
Absent: 0 —None
Motion failed.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 9, 2012
Motion by Trustee Aktipis, seconded by Trustee Manzo to table the minutes of the
Regular Board of Trustees Meeting of October 9, 2012 until the next Board Meeting.
VOICE VOTE: Motion carried.
B. EXECUTIVE MEETING OF AUGUST 6, 2012 - REMOVED
C. EXECUTIVE MEETING OF AUGUST 14, 2012
Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the minutes of the
Executive Meeting of August 14, 2012. VOICE VOTE: Motion carried.
D. EXECUTIVE MEETING OF SEPTEMBER 11, 2012
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the
Executive Meeting of September 11, 2012. VOICE VOTE: Motion carried.
E. EXECUTIVE MEETING OF SEPTEMBER 25, 2012
Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the
Executive Meeting of September 25, 2012. 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 October 19, 2012 - $754,752.13
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Significant Items included in Above:
1) Rathje, Woodward, for services in September, 2012 in the total amount of
$3,333.33
(FYI 2 — YTD - $30,419.43)
2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services —
February, 2012 - $19,616.25 (FY 12 — YTD - $94,000.97)
TOTAL LEGAL BILLS PAID FOR 2012 - $343,988.26
3) DuPage Water Commission - September, 2012 - $314,228.87
B. Approval of Payroll for Pay Period Ending October 13, 2012 - $668,076.93
C. Community Development Referrals
1) Referral — Ace Hardware Corporation, on behalf of Property Owner, Oak Brook
Kensington 1031, LLC. — 2200 and 2222 Kensington Court — Variations — Wall
signs and a monument sign
D. Authorization to Seek Bids or Proposals or Negotiate Contracts — NONE
E. Budget Adjustments — NONE
F. Authorization to Reject all Bids — Public Works Building Fuel Dispenser and
Monitoring System Replacement Project
G. Ordinances & Resolutions
1) RESOLUTION 2012- SR- FP -EX -R -1208, A Resolution Approving the Final Plat
for the Tracy Parrillo Revocable Trust Consolidation in the Village of Oak Brook,
Illinois 60523
2) RESOLUTION 2012 - H2O- IGA- DWC- DUP -EX -R -1205, A Resolution
Approving and Authorizing an Intergovernmental Agreement By and Between
the Village of Oak Brook, the DuPage Water Commission and the County of
DuPage
H. Dana Park Re- Subdivision
I. 2012 Third Quarter Hotel/Motel Tax Receipts
J. Monthly Treasurer's Report— September 30, 2012
Motion by Trustee Manzo, seconded by Trustee Wolin, 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
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Absent: 0 —None
Motion carried
ITEMS REMOVED FROM CONSENT AGENDA — NONE
8. BOARD & COMMISSION RECOMMENDATIONS — NONE
9. UNFINISHED BUSINESS —NONE
10. ACTIVE BUSINESS
A. Confirmation of Appointments
1) Zoning Board of Appeals
Motion by Trustee Wolin, seconded by Trustee Manzo to confirm President Lalmalani's
recommendation to reappoint Mr. Jeff Bulin to the Oak Brook Zoning Board of Appeals
to a term that expires in 2017. VOICE VOTE: Motion carried.
B. Ordinances & Resolutions
1) ORDINANCE 2012- BD- BOT -A -G -984, An Ordinance Amending Chapter 4 of
Title 1 (Administration) of the Village Code of the Village of Oak Brook
Relating to Board Agenda Items
Trustee Wolin stated that the ordinance changes the deadline of when Trustees can add or
change an item on the agenda from Thursday at noon to Friday at noon. He stated that it
is seldom that Trustees request items to be added to an agenda. He also stated that he and
Manager Niemeyer discussed this issue at length and that Manager Niemeyer
recommends that the deadline remain unchanged. He also stated there are pros and cons
to changing the deadline.
Trustee Aktipis supports changing the deadline to Friday since agenda preparation has
been simplified by technology.
Trustee Zannis supports changing the deadline and stated that if staff feels an undue
burden on a request, staff and trustees must work together to limit the scope of the
research and discussion.
Trustee Yusuf suggested keeping the deadline for action items as Thursday at noon, and
changing the deadline for discussion only items to Friday at noon. He stated this solution
will not place as big of a burden on both staff and trustees.
Trustee Manzo agrees with Trustee Yusuf and stated that it is a suitable compromise. He
asked Manager Niemeyer to discuss the history of this issue and the deadline being
reinstated just before the new Board members were sworn into office.
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Manager Niemeyer stated that the deadline was approved as part of an ordinance about a
year and a half ago. He stated Trustee Yusuf s suggestion is great and staff will work
with whatever the Board decides. He also stated that staff has always been flexible with
requests made past the deadline.
Trustee Wolin agrees with Trustee Yusufs recommendation and stated that this item
should to tabled until the next Board meeting so Manager Niemeyer can work on the
wording.
Motion by Trustee Wolin, seconded by Trustee Manzo to table this item until the next
Board of Trustees Meeting. VOICE VOTE: Motion carried.
INFORMATION & UPDATES - TRUSTEES
President Lalmalani moved up the Trustee Information and Update section.
Trustee Wolin thanked the residents for coming to express their opinions.
Trustee Aktipis stated that he has no information regarding claims that four Trustees met
to discuss the Chateaux Loire annexation. He stated that if this meeting occurred, it
would have been a violation of the Open Meetings Act.
Trustee Moy stated that a secret meeting was not held to discuss the Chateaux Loire
annexation. He supports the annexation of Chateaux Loire because of the aging and
shrinking population of Oak Brook. He states Oak Brook can use a transfusion of new
families. He discussed the history of annexations into Oak Brook and stated that Oak
Brook is Oak Brook because of annexations. He doesn't believe the annexation will
devalue other properties in Oak Brook. He stated that the residents of Chateaux Loire
bent over backwards to accommodate any economic concerns. He also stated that the
residents of Chateaux Loire are already de -facto citizens of Oak Brook, that they want to
make it formal, and they should be given that chance.
Trustee Zannis stated that she was not aware that the annexation of Chateaux Loire into
Oak Brook is a dead issue and is glad that both Oak Brook and Chateaux Loire residents
have spoken out about this issue.
Trustee Yusuf believes that the arrangements being discussed are not detrimental to Oak
Brook and prior concerns have been addressed. He strongly believes that the annexation
of Chateaux Loire into Oak Brook should be decided by referendum by the residents of
Oak Brook.
Trustee Aktipis stated that he does not support the annexation of Chateaux Loire into Oak
Brook. He feels that Oak Brook will be taking on a financial obligation with approving
the annexation and does not see an advantage. He also stated that the residents of
Chateaux Loire are wonderful people and wished them well.
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Trustee Manzo supports the annexation. He believes that Chateaux Loire would be an
asset to Oak Brook and he agrees with Trustee Moy's comments.
Trustee Wolin stated that if the vote for the annexation of Chateaux Loire were taken
today, he would vote against it. He also stated that he will keep his options open until all
the information is presented. He further stated that the Village can have major financial
exposures over the next ten years and must proceed very cautiously.
Trustee Aktipis added that the annexation can also become a political issue in the future.
Resident Barry Sadegi discussed Chateaux Loire's history and countered some of the
comments made by Trustees. He stated that the majority of Oak Brook residents are
against the annexation and that the decision should be made by referendum.
President Lalmalani thanked the residents for coming and speaking their minds. He stated
that Homeowner Association Presidents overwhelmingly oppose the annexation of
Chateaux Loire. He also stated that he will discuss the new proposal from Chateaux Loire
with the Presidents to get their opinions. He further stated that he likes Trustee Yusufs
recommendation of a referendum.
Resident Nicolas Kuda stated that he is opposed to the annexation of Chateaux Loire into
Oak Brook. He stated it is impossible to know what the cost of the annexation will be 5 to
10 years from now. He stated he sees Oak Brook as something better and hopes the
Village maintains its current standards. He also offered his services for any financial
analysis pertaining to the annexation of Chateaux Loire.
Trustee Manzo explained what the proposed $1,000,000 from Chateaux Loire would fund.
He also stated that he does not agree with a referendum for this annexation since previous
annexations were not done by referendum.
2) Energy Grants & Energy Savings
A. RESOLUTION 2012- AG- GR- PW -EX -R -1209, A Resolution Authorizing the
Execution of an Agreement for Grant Funding Related to High Efficiency
Lighting
B. RESOLUTION 2012- PG- PW -BCG -R -2010, A Resolution Approving the Waiver
of Competitive Bidding and Authorizing the Issuance of a Purchase Order to Twin
Supplies, Inc. Related to High Efficiency Lighting
Trustee Wolin stated that this is for new efficient lighting in the parking lot. He stated
that 2/3 of the cost will be covered by a grant from the State of Illinois. He stated that if
the project is completed by February 14, 2013, the State of Illinois will give the Village an
additional $3,000. He further stated that he is comfortable with waiving the competitive
bidding process for the lights based on the information provided by Public Works
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Director Hullihan.
Trustee Aktipis stated that this is a good deal for Oak Brook and that we should move
forward.
Trustee Yusuf stated that he is recusing himself from the vote because he has a business
relationship with Twin Supplies which precedes him being elected to the Board. He
stated that he purchases lighting supplies from them.
Trustee Manzo stated he is comfortable with voting in favor of this item and is not
concerned with the non - competitive bidding because of the supporting documents
submitted by Public Works Director Hullihan.
Public Works Director Hullihan stated that this is the 4`" project of its kind done by the
Village. He also stated that Twin Supply assists the Village with the grant application and
has better pricing than the State of Illinois contract. He also stated that the relationship
with Twin Supply has been a very productive one.
Motion by Trustee Wolin, seconded by Trustee Zannis that the Village Board authorize
the execution of a grant agreement with the Illinois Department of Commerce and
Economic Opportunity (DCEO) for installation of high efficiency lighting in the amount
of $21,659, and that the Village Board waive competitive bidding and authorize staff to
issue a purchase order to Twin Supplies, Oak Brook, Illinois, in the amount of $34,911 for
the purchase of high efficiency lighting for the Butler Government Center parking lot.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, and Zannis
Nays: 0 — None
Abstain: I — Trustee Yusuf
Absent: 0 —None
Motion carried
3) RESOLUTION 2012- PW -AG -R -1211, A Resolution Approving and Authorizing
the Execution of an Agreement By and Between the Village and Accurate Tank
for a Replacement Fuel Dispenser and Monitoring System
Trustee Wolin stated that this item is for the purchase of a new fuel supply system for the
Village. He stated that staff presented two options, one for a basic system and the other
for an advanced system. He stated the difference of $10,000 in systems is due to the
monitoring and control systems. He stated it pays to go with the advanced system in
order to get better reports, to know where the gas is being used, and to monitor vehicle
maintenance. He also stated that he supports staffs recommendation to charge the Park
and School Districts an annual administrative fee for the use of the Village's dispensers.
He further stated that the current system is over 20 years old and parts are almost
impossible to get.
VILLAGE OF OAK BROOK MINUTES Page 8 or 10 REGULAR MEETING OF OCTOBER 23, 2012
11.
Trustee Manzo stated that he agrees with Trustee Wolin to approve the advanced system
because it brings greater accountability and is worth the additional $10,000.
Trustee Yusuf asked if the lower fuel price is because the Village doesn't pay taxes.
Public Works Director Hullihan stated yes. Trustee Yusuf also stated that the advanced
system is the way to go.
Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board award a
contract to the lowest responsive and responsible bidder, Accurate Tank, North Aurora,
Illinois, in the amount not to exceed $36,938 for the advanced solution of the 2012 Public
Works Building Fuel Dispenser and Monitoring System Replacement Project, and
approve Resolution 2012- PW -AG -R -1211, A Resolution Approving and Authorizing the
Execution of an Agreement By and Between the Village and Accurate Tank for a
Replacement Fuel Dispenser and Monitoring System, subject to staff and attorney review.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis
Nays: 0 — None
Abstain: 0 — None
Absent: 0 —None
Motion carried
INFORMATION & UPDATES
A. VILLAGE MANAGER - NONE
B. VILLAGE CLERK
Clerk Pruss stated that early voting is from October 22 "d through November 3`d. She
also stated that the two closest sites for early voting are Yorktown Mall and Elmhurst
City Hall. She also stated early voting locations are available on the Village website.
She further stated that voter registration can still be done at DuPage County. She
encouraged everyone to vote.
Clerk Pruss discussed the April 9`1 consolidated 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 24`h.
Clerk Pruss stated that on Saturday, October 27h, the Fullersburg Historic Foundation
will present A Living History Program at the Library.
C. TRUSTEES — COMMENTS NOTED ABOVE
D. VILLAGE ATTORNEY — NONE
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E. VILLAGE PRESIDENT
Chief Kruger stated that the Citizens Police Academy graduation ceremony was held
October 30`h.
BC Clark stated that the ambulance purchased at the beginning of the year was placed in
service on October l Ith.
Public Works Director Hullihan stated that the Bath & Tennis Entrance Wetland
Restoration Project will start this week.
Community Development Director Kallien stated that staff will be meeting with General
Growth and the owners of the new hotel in the next week.
12. ADJOURNMENT TO CLOSED SESSION, For the purpose of discussing (1) pending,
probable, or imminent litigation matters, (2) sale or lease of property owned by the public
body, and (3) minutes of meetings lawfully closed under this act pursuant to section
2c(I1), 2c(6), and 2c(21) of the Illinois Open Meetings Act, respectively
Motion by Trustee Yusuf, seconded by Trustee Manzo to adjourn to closed session for the
purpose of discussing (1) pending, probable, or imminent litigation matters, (2) 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 8:47 pm.
13. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn the Regular Meeting of
the Board of Trustees at 10:37 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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