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HomeMy WebLinkAboutMinutes - 11/13/2012 - Board of Trustees (2). MINUTES OF THE NOVEMBER 13, 2012 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON DECEMBER 11, 2012. 1. CALL TO ORDER The Closed Meeting of November 13, 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 9:09 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, Attorney Bill Seith 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. SLEP Investigation Update Attorney Bill Seith, of Bryce, Downey & Lenkov, explained the investigation status to date, which has included reviewing documents and interviewing 11 individuals with about 11-13 individuals left to interview. He stated that the firm intends to have the interviews concluded by the end of November and that they are developing a report and summarizing the facts gathered. He remarked that things are going well. He affirmed that they will request an interview with Molaro, but is not sure whether it will be granted. Discussion ensued regarding how the investigation relates to the Sheahan litigation. Village Attorney Friedman discussed meeting with Attorney Seith and Attorney DeAno and stated that the questions in the interviews may go beyond the scope of the three areas previously identified for the investigation, but the report will not. Attorney Seith stated that the interviewees have all been cooperative, but have different levels of recollection, as expected. Attorney Seith exited the meeting at approximately 9:21 p.m. B. Workers’ Compensation Settlements – this item was discussed after Agenda Item #4.A. Assistant Village Manager Wing stated that there are two current workers’ compensation cases with attorneys involved. He stated that one is regarding a fire lieutenant who in and had surgery and Assistant Village Manager Wing is now seeking settlement authority for up to $45,000. He stated that the other case involves combining three injuries by a police officer and that he is now seeking settlement authority for $75,000. He further stated that these settlement offers are both below IRMA recommendations. Consensus given for both. C. Peterson Case Village Attorney Friedman replied to a question about allowing someone to speak regarding pending litigation at a board meeting, by saying that they do have freedom of speech, but no comments are to be made. He then updated the Board on the status of the Administrative Review matter and the federal lawsuit filed by Peterson. He stated that there is a briefing Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 November 13, 2012 schedule and a hearing set for March, 2013 in the Administrative Review matter. 4. TO DISCUSS THE SETTING OF A PRICE FOR SALE OR LEASE OF PROPERTY PURSUANT TO SECTION 2C(6) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Water Study - this item discussed before Agenda Item #3.B. Public Works/Engineering Director Mike Hullihan, Mr. Bob Khan, of American Infrastructure Technology, and Finance Director Sharon Dangles entered the meeting at approximately 9:23 p.m. Village Manager Niemeyer discussed the water study that American Infrastructure Technology had prepared regarding the areas west of Midwest Road and north of Butterfield being considered for sale to DuPage County. Mr. Khan, of American Infrastructure Technology, discussed the underground infrastructure and provided estimates using different calculations for rehabilitating the water mains ($14 million with capital improvements) in the next 10-15 years. Discussion ensued regarding sale of the water system and forecasting costs in the next 5-10 years. Mr. Khan stated that the water system has a book value minus depreciation of $340,000 for the pertinent areas. Trustee Zannis suggested using a market value of the system rather than a book value. Public Works/Engineering Director Hullihan discussed the pros and cons of the sale of the water system and historical reasons for Oak Brook servicing these areas and that DuPage County is now developing a strategic plan expanding their water system. Village Manager suggested expanding the study to encompass 50 years and also a scenario of what would happen if the system is not sold and how the rates might be affected in another 10 years. Mr. Khan referred to graphs outlining the cash outlay and made comparisons between sale and retention of the water system. Trustee Manzo inquired as to the plans the County has for the area. Village Manager Niemeyer stated the sale would allow the County to supply water to a new development. Discussion ensued regarding if the pipes are replaced in this area, they would have longer life, 75 years, because of the new technology and whether the value of the system would be more valuable. It was also discussed how the sale of the water system would relate to the Village’s relationship with Oakbrook Terrace. Mr. Khan stated that his firm’s recommendation is that with the sale of the study area water system there is no negative impact on the overall Village’s water system and the cost savings would offset the loss of revenue from the study area. Public Works/Engineering Director Hullihan stated that perhaps a 30-year plan of the overall system should be established and also that they have been very open about the condition of the water mains with the County. Finance Director Sharon Dangles and Mr. Khan exited the meeting at approximately 10:09 p.m. Village Manager Niemeyer stated that Oakbrook Terrace would probably not be in favor of the Village selling this system to the County. He discussed lobbyists and their proposals in relation to the red light camera issue and how it relates to the sale of the water system. He stated that Manuel Santiago’s firm has since withdrawn their proposal, but that Mike Thomson would do it for $15,000 and his expertise lies with dealing with the IDOT bureaucracy. Trustee Manzo suggested former State Representative Skip Saviano as a possibility. Trustee Zannis suggested asking Mr. Thomson for a recommendation for a legislative lobbyist. Consensus to have Village Manager Niemeyer hire Mr. Thomson (at $15,000 or less) to begin lobbying on the IDOT side and obtain two recommendations for the legislative side. Trustee Moy expressed an opinion about spending this money for the red light camera issue because it may not have the economic impact that Schaumburg experienced a few years ago. It was expressed that the Chamber and the business community are strongly opposed to the red light cameras and it is important to support them. Trustee Moy stated that he was not aware of this and would support them. Public Work/Engineering Director Hullihan exited the meeting at approximately 10:26 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 November 13, 2012 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 23, 2012 Village Clerk Pruss inquired as to any issues with these Minutes and none were voiced. 6. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Wolin, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:37 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 November 13, 2012