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HomeMy WebLinkAboutMinutes - 10/23/2012 - Board of Trustees (2) MINUTES OF THE OCTOBER 23, 2012 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON NOVEMBER 27, 2012. 1. CALL TO ORDER The Closed Meeting of October 23, 2012 of the Village Board of Trustees was called to order by President Gopal G. Lalmalani in the Upper Level Conference Room of the Butler Government Center at 9:03 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal G. Lalmalani, Trustee Stelios Aktipis, Trustee Michael Manzo, Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf, Trustee Elaine Zannis ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Police Chief James Kruger, Community Development Director Robert Kallien, Public Works/Engineering Director Michael Hullihan 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. 11 Woodridge – this agenda item discussed immediately after Item 5.A. Community Development Director Kallien stated that this house had been taken over by the Bank of America and that the bank has been unresponsive and unwilling to maintain the property. He stated that the Village Prosecutor suggested that the next step would be to contact the bank and inform them that they should demolish the property as an inhabitable structure, and, if they do not do so, the Village should demolish the property, and redeem it to recoup the expenses (in the neighborhood of $10,000) of demolishing the property. He stated that the Village Prosecutor suggested that if this was agreed to by the Board, she would relay this to the judge. Community Development Director Kallien stated that an intermediary step could be for the judge to order that some type of bond be placed on the property so that the bond money could be used to maintain the property. He agreed to report back to the Board prior to any monies being spent for demolition. Community Development Director Kallien and Public Works/Engineering Director Hullihan exited the meeting at approximately 10:19 p.m. Village Attorney Friedman updated the Board on the SLEP/Sheahan matter and that depositions of IMRF employees had been scheduled because of Sheahan’s response stating that he was only doing what the IMRF told him to do. Village Attorney Friedman stated that his partner Victor Fillipini will be handling the depositions and that no hearing date has been set at this time. Village Attorney Friedman stated that President Lalmalani had spoken to Speaker Madigan and Village Attorney Friedman had then spoken to the Speaker’s Director of Legislative Affairs. He stated that the Director informed him that he, the Director, was preparing legislation so that this does not happen again and would change the statute so that when these transfers occur, the costs get distributed from the transferor or the municipalities and do not all land on the last municipality. In regard to the current issue, Village Attorney Friedman stated that he had a long conversation with the general counsel of Legislative Affairs and discussed the legalities of the legislation introduced on behalf of the Village and allocation of costs of Sheahan’s pension liability. Discussion ensued regarding Deerfield’s reaction if they are allocated a portion of Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 October 23, 2012 Sheahan’s pension liability and success of legislation. Discussion ensued regarding the affidavits filed by the Sky Bar/Sheahan plaintiffs. 4. TO CONSIDER THE FOLLOWING SALE OR LEASE OF PROPERTY OWNED BY THE PUBLIC BODY 2C(6) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Water Study – this item was discussed immediately after roll call Village Manager Niemeyer reviewed that the County had approached the Village about a purchase of part of the water system maintained by the Village north of Butterfield Road and west of Meyers Road and that there was agreement to hire a consultant for analysis. He stated that selling the system may be something to consider, but more information will be forthcoming in the next couple weeks. He stated that Oakbrook Terrace had also discussed this area. He stated that a side benefit of discussions with the County is Oakbrook Terrace’s strong opposition to the County taking over the area and that this could provide strong leverage on the red light camera issue. Village Manager Niemeyer stated that he had talked with a few lobbyists about the red light camera issue and was recommending John Kelly of All-Circo, Inc. Village Manager Niemeyer discussed Mr. Kelly’s background and stated that Mr. Kelly has represented other municipalities as lobbyists. Trustee Zannis remarked that she had recommended two other names as lobbyists. She stated that she had visited the DuPage County Public Works department and looked at the map. She explained that the water area that the County wants to buy includes a lot of Section 8 housing and that they are going to put up a big tower to have as many water customers as possible to keep the costs down. She stated that she had heard that Oakbrook Terrace was not that interested in the particular areas the County wants to buy and Public Works/Engineering Director Hullihan affirmed that Oakbrook Terrace has no interest in taking over unincorporated areas of DuPage County, but sections that they do want to take over are in their corporate limits. He affirmed that there are not a lot of customers in the areas Oakbrook Terrace wants. Discussion ensued regarding leverage issues, advantages of selling the water system to the County, how it could help us on the red light camera issue and that more information may be needed. Public Works/Engineering Director Hullihan discussed the age and cost of replacing this water system for the Village. Mr. John J. Kelly, Jr. of All-Circo, Inc. entered the meeting at approximately 9:22 p.m. Mr. Kelly stated that he is the President of All-Circo, Inc., which is a 32-year-old lobbyist firm which specializes in government affairs work in Springfield, Cook County and Chicago. He listed municipalities his firm has represented. Mr. Kelly responded to inquiries regarding red light cameras in Oakbrook Terrace and suggested doing as much as possible at the IDOT level first, and possibly at the legislative level. He stressed not making this a political fight between two towns and local officials and stressed the importance of getting the mall involved. Discussion ensued regarding strategy and that three years of data of accident records are usually utilized. Mr. Kelly stated that his firm could provide more information and guidance regarding this issue and affirmed that they have access to high level officials at IDOT. He suggested getting the economic argument to the Governor’s office and then to the executive level of IDOT. Discussion ensued regarding other communities disconnecting the cameras. Mr. John J. Kelly, Jr. of All-Circo, Inc. exited the meeting at approximately 9:45 p.m. Trustee Zannis urged that other lobbyists be interviewed. Trustee Zannis exited the meeting at approximately 9:46 p.m. Discussion ensued regarding the issue and deciding what approach would be the best and Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 October 23, 2012 importance of having the Chamber and the mall involved. Discussion ensued regarding how much to expend for a lobbyist and to interview a couple more. Public Works/Engineering Director Hullihan remarked on the statistics regarding red light cameras and best strategy with IDOT. An inquiry was made regarding court remedies and Village Attorney Friedman stated that this would only work if IDOT had acted and not followed the law. He stated that there are some fairly clear standards, but that IDOT does have some discretion. Discussion ensued regarding other strategies such as erecting a warning sign about the cameras. 5. DISCUSSION OF MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THIS ACT, PURSUANT TO SECTION 2C(21) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Approval of Closed Meeting Minutes of October 9, 2012 Village Clerk Pruss inquired as to any issues with these Minutes and none were voiced except that Trustee Aktipis stated that he had not read them. 6. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:36 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 October 23, 2012