Minutes - 11/08/2011 - Board of TrusteesMINUTES OF THE NOVEMBER 8, 2011 REGULAR MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 13,
2011.
CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at
7:04 pm. The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons:
PRESENT: President Gopal Lalmalani, Trustees Stelios Aktipis, Michael Manzo, Mark
Moy, Gerald Wolin, and Asif Yusuf.
ABSENT: Trustee Elaine Zannis
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
Manager; Sharon Dangles, Finance Director; Thomas McEllin, Fire Chief,
Sue Madorin, Library Director; Lieutenant Jason Cates, Police Department;
Michael Hullihan, Public Works Director; Bob Kallien, Community
Development Director; and Peter Friedman, Village Attorney.
PRESIDENT'S OPENING COMMENTS
President Lalmalani stated that the Board is removing Item # 10 D from the agenda. He
reminded residents of the Veteran's Day Celebration on November 11, 2011 at Ipm in
front of Oak Brook Heritage Center. He stated that the Budget Meetings for the proposed
2012 Budget will be held on November 21st, and November 22 "d at Ipm. Lastly, the
Economic Development Summit will be held at the Hyatt Lodge on November 30`h at lam.
President Lalmalani stated this Economic Development Summit is something that the
Village has been looking forward to for some time, as it provides a way for the Village to
think outside the box in terms of future economic development and tax revenue.
President Lalmalani informed the assembly that Tesla Motors, a company which
specializes in upscale electric cars will be opening up at the Oakbrook Center this
Saturday, and he encouraged all to attend the opening ceremonies, as it is the President's
belief this is the type of company that could generate a lot of interest and revenue for the
Village.
4. RESIDENTNISITOR COMMENT
Linda Gonnella recognized several of the Oak Brook Staff for saving her husband's life on
Monday October 17, 2011. Mrs. Gonnella stated that she was trained in CPR over five
years ago by Firefighter Bob Robertson and, that training, along with the rapid response
time from Police Officers Mike Hall and Andrew Franczak, and the continued CPR efforts
of those paramedics on the red shift that day, are what saved her husband's life. Mrs.
Gonnella thanked the Village Board for their financial support towards ensuring extensive
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training for their police and paramedic staff members and their use of specialized
equipment. She also gave a special thanks to President Lalmalani for visiting her husband
at the hospital while he was still on life support before he made his miraculous recovery.
Jim Belden, from Endurant Energy, presented a natural gas service option for those Oak
Brook residents and business owners that are eligible. He stated that this program is
complimentary to the Electric Aggregation Program, and the natural gas service would
provide additional savings for residents during the winter months. Mr. Belden explained
that this program does not require a board resolution and it is a strictly voluntary, opt -in
program offered through Nicor Gas.
Arlene Birkhahn thanked the Board for their approval of the York Tavern Text
Amendment.
Mark Karambelas thanked the Board Members for all of the work that they put into the
Electric Aggregation Program. Mr. Karambelas also thanked the Village Clerk for the
wonderful job last weekend that was done at the library for the "Take Care of Business
Day," and thanked Mike Hullihan and all members of the Public Works department for
their hard work in the leaf removal. He noted his displeasure with the annexation of the
unincorporated areas into the Village of Oak Brook, as he believed it would create more
housing inventory to handle.
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 11, 2011
Motion by Trustee Yusuf, seconded by Trustee Moy to approve the Minutes of the Regular
Board of Trustees Meeting of October 11, 2011. VOICE VOTE: Motion carried.
B. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 1, 2011
Motion by Trustee Manzo, seconded by Trustee Yusuf to approve the Minutes of the
Special Board of Trustees Meeting of November 1, 2011. VOICE VOTE: Motion carried.
6. CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be enacted
in one motion. There will be no separate discussion of these items unless a Board member
so requests, in which event, the item will be removed from the Consent Agenda and
considered as the first item after approval of the Consent Agenda.
A. Accounts Payable:
1) For Period Ending November 4, 2011 - $618,004.97
Significant Items included in Above:
1) Seyfarth, Shaw, LLP — Legal Services — September 2011 - $390.00
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B. Approval of Payroll
1) For Pay Period Ending October, 29, 2011 - $643,232.98
C. Community Development Referrals — NONE AT THIS TIME
D. Authorization to Seek Bids or Proposals or Negotiate Contracts —NONE AT THIS
TIME
E. Budget Adjustments — NONE AT THIS TIME
F. Ordinances & Resolutions
1) RESOLUTION 2011- AG -FI -R -1140, Approving and Authorizing the Execution of
an Agreement By and Between the Village of Oak Brook and Chase Bank to
Provide Banking and Other Financial Services
2) RESOLUTION 2011- AG -EXl -R -1142, A Resolution Approving and Authorizing
the Execution of a Professional Services Agreement By and Between the Village of
Oak Brook and Kluber, Inc. to Provide for an Electrical Study of Butler
Government Center
G. Extension of Agreement for Health Benefit Consulting Services
Motion by Trustee Wolin, seconded by Trustee Manzo to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 5— Trustees Aktipis, Manzo, Moy, Wolin, Yusuf
Nays: 0 —None
Abstain: 0 — None
Absent: 1 — Trustee Zannis
Motion carried.
7. ITEMS REMOVED FROM CONSENT AGENDA - NONE AT THIS TIME
8. BOARD & COMMISSION RECOMMENDATIONS — NONE AT THIS TIME
9. UNFINISHED BUSINESS
A. Ordinances & Resolutions
1) ORDINANCE 2011- ZO -TA -G -953, An Ordinance Amending the Oak Brook
Zoning Ordinance to Designate Certain Properties as Historically Significant
and to Allow for the Reconstruction of Historically Significant Structures
Samuel Girgis, a neighbor to York Tavern, read a letter signed by all Village Residents
that surround the tavern. The letter stated that the residents disagree with the proposed
zoning amendment.
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James Suohoda stated that he would like the Village Board to set the limit on the remodel
and occupancy of the York Tavern to fifty people, and to not increase this number because
of the possibility of overflow parking.
Ed Cladek explained his disappointment in not being informed of the updated Text
Amendment that was on the Agenda last week. Mr. Cladek explained that because there
was no formal notification, he was not able to respond. He questioned the Board's
approval of labeling the York Tavern as historically significant.
Village Attorney Peter Friedman clarified that the Tavern could only change its size and
reconstruction based on what was previously approved in the certificate.
Don Fuller, a resident of Hinsdale, felt the York Tavern had historical significance and he
had not had any issues in his neighborhood because of the Tavern or its patrons.
Audrey Musehler thanked the Board Members for their support and approval of the York
Tavern Text Amendment.
Barbara Kennedy thanked the Board Members for their support of the York Tavern Text
Amendment.
Raymond Peterson voiced concerns that the York Tavern, with the label of a historically
significant building, would be able to take advantage of the title and not follow the correct
restrictions and regulations in their remodel.
Valerie Spale, the President of Salt Creek Greenway Association, supported the approval
of the York Tavern Text Amendment.
Pasquale Moreci thanked everyone for their support, and assured everyone that the York
Tavern is not going to go anywhere, but in the event of a disaster, he wanted the peace of
mind to know that the York Tavern could be rebuilt.
Larry Hermann supported the York Tavern, and believed that both sides are on the same
page. Mr. Hermann urged the Board to use caution going forward, and to make sure that
all parties understand and are in complete agreement with the final outcome.
Tom Litvay spoke for his mother who is a neighbor to York Tavern. Mr. Litvay explained
that there is fear among residents that the Tavern's ownership is committed to expanding.
Kathy Maher presented a PowerPoint which explained the historical significance of York
Tavern. The presentation included pictures and background of the Tavern, as well as an
assessment by the Illinois Historic Preservation Agency. Mrs. Maher explained that
because of the many additions that have been built onto the Tavern to comply with current
restaurant codes, the building cannot be named as a historic designation. Ms. Maher
concluded that if the York Tavern were significantly destroyed and rebuilt in the fashion of
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its original form as a grocery, that then the Tavern would add benefit to the historic Graue
campus.
Audrey Musehler stated that the presentation clouded the issue, because the Village of Oak
Brook is not speaking about complying with the standards of the Illinois Historic
Preservation Agency, but rather becoming a historical presence in the Village of Oak
Brook.
Ed Cladek stated that he is primarily concerned with the expansion aspect and the process
in which these changes could come about.
Village Attorney Peter Friedman explained that the process involved would have to adhere
to what was already previously approved in the certificate of appropriateness.
Trustee Yusuf stated that if there was a loss of the building then it would not be feasible or
sensible to build the structure back to its original form, as part of the reason the building
has changed over the years was to meet modem building codes. He then explained that he
was in favor of proposing very tight guidelines if the situation occurred where it did need
to be rebuilt.
Trustee Wolin believed that the correct steps to take would be to table this issue until some
clarification could take place, so that all parties involved can understand exactly what is in
the certificate of appropriateness.
Community Development Director Bob Kallien stated that because there was a gap in time
between the first initial agenda item and the continuance, the residents were not informed
as well as they could have been in what was going on with this issue. Mr. Kallien also
stated that the universal building code number, for a structure that size, would be a
maximum of 61 people.
Trustee Aktipis admitted that after seeing the dialog between the residents today, that he
felt the Board should table the discussion and in the meantime, both parties should get
together, along with members of the staff and decide on a solution that made both sides
happy.
Motion by Trustee Wolin, seconded by Trustee Aktipis to Table the Ordinances and
Resolutions as presented or amended.
ROLL CALL VOTE:
Ayes: 3 — Trustees Aktipis, Moy, Wolin
Nays: 3 — Trustee Manzo, Yusuf, President Lamalani
Abstain: 0 - None
Absent: 1— Trustee Zannis
Motion to Table is defeated.
Trustee Manzo felt that this controversy was created out of nothing. The Text Amendment
allows for the Tavern to be rebuilt, as is, if the building is damaged. It does not allow for
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expansion.
Trustee Yusuf proposed a friendly amendment whereas the specifications in the contract
are tightened to add wording that limits the ability of York Tavern to expand.
A. MOTION FOR FRIENDLY AMENDMENT
Motion by Trustee Moy, seconded by Trustee Manzo to approve the Friendly Amendment.
VOICE VOTE: Motion carried.
Trustee Yusuf supported tabling the amended motion in order to go over all of the facts.
Trustee Moy believed that the Board should table the current motion because the residents
did not have enough notice for the last board meeting in order to give their comments to
the Board.
Motion by Trustee Wolin, seconded by Trustee Aktipis to Table the Ordinances and
Resolutions as presented or amended.
ROLL CALL VOTE:
Ayes: 4 — Trustees Aktipis, Moy, Wolin, Yusuf
Nays: 1 — Trustee Manzo
Abstain: 0 - None
Absent: 1— Trustee Zannis
Motion Carried
10. ACTIVE BUSINESS
A. CONFIRMATION OF APPOINTMENTS
1) Village Attorney
Motion by Trustee Aktipis, seconded by Trustee Wolin to Approve the Appointment of
Peter Friedman and Holland & Knight as Village Attorney.
ROLL CALL VOTE:
Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf
Nays: 0 —None
Abstain: 0 - None
Absent: 1— Trustee Zannis
Motion Carried
2) Labor Attorney
RESOLUTION 2011- AG- LE -EXl -R -1141, A Resolution Approving and Authorizing the
Execution of an Agreement Regarding the Engagement of Labor Counsel.
President Lalmalani thanked Trustees Manzo and Moy and Assistant Village Manager
Blaine Wing, for serving as liaisons in this project and interviewing all the applicants.
Trustee Manzo stated that he was happy with the decision of the Labor Attorney, and
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believed that this firm will save them money going forward.
Trustee Moy stated that their choice was the most economic minded option, and it was also
the best overall option as they firm they ended up was very well qualified.
Motion by Trustee Yusuf, seconded by Trustee Manzo to Approve the Ordinances and
Resolutions as presented or amended.
Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf
Nays: 0 — None
Abstain: 0 - None
Absent: 1— Trustee Zannis
Motion Carried
B. ORDINANCES & RESOLUTIONS — NONE AT THIS TIME
C. AWARD OF CONTRACTS — NONE AT THIS TIME
D. Green Fleet Management Program — REMOVED
E. Replacement Vehicles
Trustee Wolin explained that the Police Department is replacing four Ford Crown
Victorias with high mileage with two Ford Focus vehicles and one Ford Escape. Trustee
Wolin moved that the Board waive further bidding on this issue.
Motion by Trustee Wolin, seconded by Trustee Aktipis to Approve the Ordinances and
Resolutions as presented or amended.
Ayes: 5 — Trustees Aktipis, Manzo, Moy, Wolin, Yusuf
Nays: 0 — None
Abstain: 0 - None
Absent: 1— Trustee Zannis
Motion Carried
F. Risk Management Insurance
Assistant Manager Blaine Wing reported that the Village Staff reduced their legal claims,
better managed their worker compensation claims and improved safety for 2011. The
Village Staff recommends the same deductible for 2012.
Trustee Moy stated that there is a projected savings of over $100,000.00 for 2012.
Motion by Trustee Moy, seconded by Trustee Aktipis to Approve the Ordinances and
Resolutions as presented or amended.
Ayes: 4 — Trustees Aktipis, Moy, Wolin, Yusuf
Nays: 1 — Trustee Manzo
Abstain: 0 - None
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Absent: 1— Trustee Zannis
Motion Carried
11. INFORMATION & UPDATES
A. VILLAGE MANAGER
David Niemeyer updated the assembly Electric Aggregation Program. He explained that
because of the updates on the website, and the mailings that went out to all eligible
residents, the Village has not received the expected amount of phone calls and questions
about the Program. He then reminded everyone that the Opt -Out date for those residences
and businesses that choose another program is November 21, 2011.
He stated that the Nationwide AS Emergency Test is going to go out tomorrow, November
91h at 2pm and that this test will interrupt radio and television broadcasts.
B. VILLAGE CLERK
Charlotte Pruss thanked Officer Erica Huff, Laura Millsaps and Jim Fox for their
contributions to "Take Care of Business Day."
Secondly, she would like to report that, at this moment there is no one that has applied for
certificates or name badges to go door to door to solicit items. If a solicitor does come to
your house, Clerk Pruss encourages residents to call the Police Department.
C. TRUSTEES
Trustee Manzo stated that he had a brief Taste of Oak Brook meeting and believed the
upcoming Taste will be much improved from last year's event.
Trustee Moy is excited about the Tesla Motors Dealership that is opening in Oak Brook.
Trustee Yusuf reminded residents to use caution when they're driving through the Village
at night, as it becomes dark much earlier in the day. He thanked those that spoke at the
Board Meeting tonight, as all opinions help the Board Members do their job better.
D. VILLAGE PRESIDENT
President Lalmalani thanked the new Police Chief, James Kruger for coming to the Board
Meeting tonight.
President Lalmalani deferred to the heads of departments.
1) Police Officer Jason Cates thanked Linda Gonnella for appearing
at the Board meeting tonight.
2) Fire Chief Tom McEllin stated that making a difference in
people's lives every day is what makes public safety a noble
profession.
3) Finance Director Sharon Dangles let the residents know that the
Draft Budget for 2012 is available on the Village's website and at
the library.
4) Public Works Director Michael Hullihan reminded residents to
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place their leaves on the side of the road and not in the road.
5) Community Development Director Bob Kallien stated that along
with the Tesla Motors, there was also a Sports Authority Elite and
a Seasons 52 opening up in the Mall.
12. ADJOURN TO CLOSE SESSION For the purpose of discussing (1) litigation, (2) setting
of a price for sale or lease of real property, (3) appointment, employment, compensation,
(4) Collection Negotiating Matters pursuant to Section 2c(11), Section 2c(6), Section
2c(1), and Section 2c(2) of the Illinois Open Meetings Act, respectively.
Motion by Trustee Manzo, seconded by Trustee Moy to adjourn to closed session to
consider actual and probable or imminent litigation pursuant to section 2c11 of the open
meetings act.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Manzo, Moy, Wolin, and Yusuf
Nays: 0 — None
Abstain: 0 — None
Absent: 1— Trustee Zannis
Motion carried.
This meeting was adjourned to Closed Meeting at 9:05 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn the Regular Meeting of
the Board of Trustees at 11:10 pm. VOICE VOTE: Motion carried.
ATTEST:
/s /Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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