Minutes - 04/08/2014 - Board of Trustees Of oAK MINUTES OF THE APRIL 8, 2014 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON APRIL 22, 2014
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O U rte,;
1. 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
7:05 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 Donald Adler, Mark Moy, Gerald Wolin,
and Asif Yusu£
ABSENT: Trustees John Baar, Michael Manzo (arrived at 7:11 pm)
IN ATTENDANCE: David Niemeyer, Village Manager; Cathy Doczekalski, Interim
Assistant Village Manager; Robert Kallien, Community Development
Director, Sharon Dangles, Finance Director; Gary Clark, Acting Fire Chief;
James Kruger, Police Chief; Michael Hullihan, Public Works Director; Trey
VanDyke, Sports Core Director; and Peter Friedman, Village Attorney.
3. PRESIDENT'S OPENING COMMENTS
President Lalmalani stated that the next Village Newsletter will be coming out shortly and
asked everyone to look for the newsletter in their mailboxes.
President Lalmalani stated that an announcement and an appointment for a new Fire Chief
will occur in the very near future.
Finally, President Lalmalani announced that the Board is working to find a new Village
Manager. Voorhees and Associates were hired to do a Manager search process to assist the
Board in finding qualified candidates for the position. He stated that a Village Manager
Search Committee was formed, consisting of all the Trustees and two residents, Harry
Peters and Tom Cygan. President Lalmalani will be the Chairman the committee.
4. RESIDENTNISITOR COMMENTS
Residents who signed up to speak will do so during the agenda item.
5. APPROVAL OF MINUTES
A. SPECIAL EXECUTIVE MEETING MINUTES OF MARCH 3, 2014
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special
Executive Meeting of March 3, 2014. VOICE VOTE: Motion carried.
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B. SPECIAL EXECUTIVE MEETING MINUTES OF MARCH 6, 2014
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special
Executive Meeting of March 6, 2014. VOICE VOTE: Motion carried.
C. REGULAR EXECUTIVE MEETING MINUTES OF MARCH 11, 2014
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Regular
Executive Meeting of March 11, 2014. VOICE VOTE: Motion carried.
D. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 25, 2014
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Regular
Board of Trustees Meeting of March 25, 2014. VOICE VOTE: Motion carried.
E. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 26, 2014
Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special
Board of Trustees Meeting of March 26, 2014. 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 April 3, 2014 - $336,504.27
Significant Items included in Above:
1) Holland & Knight LLP—Legal Services—February, 2014 - $ 28,147.39
(FYI 4—YTD - $40,967.22)
2) Seyfarth, Shaw, LLP—Legal Services—February, 2014 -$1,306.20 (FY14—YTD
- $9,855.13)
TOTAL LEGAL BILLS PAID FOR 2014 - $73,402.76
B. Approval of Payroll for Pay Period Ending March 29, 2014 - $678,903.70
C. Community Development Referrals—NONE
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Attorney Services for PEDA, PSEBA and Labor Contracts
F. Ordinances & Resolutions
1) RESOLUTION 2014 ENG-CRKSL-AG-R-1353, Resolution Approving and
Authorizing the Execution of an Agreement for Crack Sealing Services By and
Between the Village of Oak Brook and SKC Construction, Inc.
2) RESOLUTION 2014-ENG-WA-MAIN-CNTRCT-R-1357, A Resolution
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Approving and Authorizing the Award and Execution of a Construction Contract
Relating to the 2014 Water Main Replacement Project By and Between the Village
of Oak Brook and J. Congdon Sewer Service, Inc.
3) RESOLUTION 2014-PP-S-1399, An Ordinance Authorizing the Sale, Donation or
Disposal of Certain Items of Personal Property Owned by the Village of Oak
Brook
4) RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A Resolution
Approving and Authorizing a Professional Services Agreement By and Between
the Village of Oak Brook and Kluber, Inc. for Engineering and Architectural
Services Related to the Installation of an Emergency Power System at the Butler
Government Center
5) RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution
Approving and Authorizing the Execution of an Agreement By and Between the
Village of Oak Brook and
Clarke Environmental Mosquito Management for Mosquito Abatement Services
G. Monthly Treasurer's Report—February 28, 2014
Motion by Trustee Moy, seconded by Trustee Adler to approve the Consent Agenda and
authorize expenditures as presented or amended.
ROLL CALL VOTE:
Ayes: 4—Trustees Adler, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 2 —Trustees Baar and Manzo
Motion carried
7. ITEMS REMOVED FROM THE CONSENT AGENDA
1) Item 6.A.1 - Holland & Knight LLP—Legal Services—February, 2014 - $ 28,147.39
Trustee Adler questioned why some items on the Holland & Knight February invoice were
separately billed rather than being part of the retainer fee. Attorney Friedman explained
the separate billing for FOIA matters, Polo matters, special personnel matters, and
franchise agreements.
Motion by Trustee Adler, seconded by Trustee Moy to approve item 6.A.1 — Holland &
Knight LLP—Legal Services - February, 2014 - $28,147.39.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
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Absent: 1 —Trustee Baar
Motion carried
2) Item 6.D.1 —Attorney Services for PEDA, PSBA, and Labor Contracts
Motion by Trustee Adler, seconded by Trustee Manzo to refer this item to the Legal
Committee for discussion.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: I —Trustee Baar
Motion carried
3) Item 6.F.5. - RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution
Approving and Authorizing the Execution of an Agreement By and Between the
Village of Oak Brook and Clarke Environmental Mosquito Management for Mosquito
Abatement Services
Trustee Adler asked Public Works Director Hullihan whether the Village is included in the
DuPage County Mosquito Abatement Program. Public Works Director Hullihan stated no
since the program does not meet with the Village's timeline.
Motion by Trustee Adler, seconded by Trustee Moy to approve Item 6.F.5 -
RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution Approving and
Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and
Clarke Environmental Mosquito Management for Mosquito Abatement Services.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: I —Trustee Baar
Motion carried
4) Item 6.F.4. - RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A
Resolution Approving and Authorizing a Professional Services Agreement By and
Between the Village of Oak Brook and Kluber, Inc. for Engineering and Architectural
Services Related to the Installation of an Emergency Power System at the Butler
Government Center
Trustee Adler gave a brief history on the Village emergency power system and energy
savings studies previously conducted and questioned why the engineering services for this
and the Heritage Center HVAC Upgrade project are not considered as one project.
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Public Works Director Hullihan explained the previous study conducted by Kluber, Inc.
and explained why this project and the Heritage Center HVAC Upgrade project are
separate and why they are not just plug and play solutions.
Trustee Moy stated that the cost for engineering services seems excessive.
Manager Niemeyer stated that the original project was for switching the perimeter heat
from electric to gas as well as emergency power. This project only addresses the
emergency power system.
Trustee Yusuf asked whether the emergency power generators requested are enough.
Public Works Director Hullihan stated that he will have Kluber include alternatives for
more power generation in the bid documents.
Motion by Trustee Adler, seconded by Trustee Moy to approve Item 6.F. 4 -
RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A Resolution Approving and
Authorizing a Professional Services Agreement By and Between the Village of Oak Brook
and Kluber, Inc. for Engineering and Architectural Services Related to the Installation of
an Emergency Power System at the Butler Government Center.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 1 —Trustee Baar
Motion carried
8. BOARD & COMMISSION RECOMMENDATIONS —NONE
9. UNFINISHED BUSINESS
A. Oak Brook Park District— 1450 Forest Gate Road—Variation—To Amend Section 3,
Paragraph Hof Ordinance S-1361
Motion by Trustee Moy, seconded by Trustee Manzo to accept the recommendations
contained in Village Lighting Study as prepared by Rick Kellen of Line Associates and
concur with the recommendation from the Zoning Board of Appeals and approve a request
from Oak Brook Park District to amend Ordinance S-1361 to permit the use of the
synthetic turf field lights year-round located at 1450 Forest Gate Road subject to the
following conditions:
1. To accept the Park District's offer to install $30,000 of new landscaping on
the Central Park property over the next two years to lessen the impact of the
soccer and ball field lights on the adjacent residential area;
2. Park District implementation of the lighting consultant's recommendations;
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3. Establish a timeframe or "bench mark" to require implementation by the Park
District;
4. Add the condition "Notwithstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived"; and
5. Adoption of an ordinance necessary to grant the requested special use, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the April 22, 2014 Board of Trustees meeting.
Trustee Moy gave a brief history regarding the Park District lighting issue and the studies
conducted which show that the lights are in compliance.
Trae Manny, from Eclipse Soccer, discussed the many benefits of training at the Oak
Brook Park District.
Resident Brian Berg spoke regarding his support of the requested variation from the Oak
Brook Park District and feels that it is a good initiative to bringing revenue and younger
families to Oak Brook.
Resident Sharon Knitter, representing the Oak Brook Park District Commissioners,
discussed many points showing that the Park District has done everything that the Forest
Gate residents have requested. She also requested that the Board approve the requested
variation.
Resident Andrea Cygan discussed the reasons why the Village must vote no for the
requested variation. She also discussed how the Park District lights do not comply with
the Village ordinance.
Resident Bill Lindeman discussed alternatives, such as visors, to reducing the glare from
the Park District lights.
Resident Ernest Karras, representing the Forest Gate Homeowners Association Board,
discussed the history of the Park District lights and the excessive glare issue. He also
requested that the Village enforce the existing ordinance and not allow for a variation.
Resident Lou Paskalides supports the Park District's request for a variation.
Cindy Mochel, Executive Director of the United Soccer Academy, requested that the
Village Board approve the Park District variation request.
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Resident Greg Huck expressed his disappointment with the Forest Gate Subdivision and
hopes the Village approved the recommended variation.
Resident Russell McLaughlin expressed his support of the variation request and believes
that the inconvenience to Forest Gate residents is minimal.
Laure Kosey, from the Oak Brook Park District, discussed the type 2 lighting at the field
and stated that the District's goal is to make sure the fields are safe and that they maintain
integrity when they are lit.
The consultant hired by the Village, Rick Kellen, briefly explained his experience and
background and discussed the study he conducted. He also discussed the different classes
of lights, sources of light, and measuring glare. He also stated that his professional opinion
is that the lights at the Park District synthetic soccer field are not intrusive.
Trustee Manzo asked if lowering the lamp wattage will help. Rick Kellen stated that it is
more cost effective to change the light fixtures than changing the lamp itself.
Trustee Wolin asked questions regarding the different types of lighting and what is best for
the synthetic soccer field. He stated that since the lights are in violation of the ordinance,
he cannot vote in favor of the variation request. He also discussed the recommended
changes proposed by Forest Gate residents.
Trustee Manzo feels that a suitable compromise can be reached. He stated that he cannot
support the variation request without the conditions of rechecking the lights and potentially
replacing the existing lights with type 3 lights. He feels that this will help resolve the
situation.
Resident Bob Aprati stated that Forest Gate residents would not object to the soccer field
lights if they were in accordance with the ordinance. He also objects with the request to
use the soccer field lights year round.
Trustee Moy stated he is in favor of the variation requested by the Park District and that it
is reasonable to allow the lights to be used year-round. He also reiterated the findings of
the study conducted by Rick Kellen.
Trustee Adler stated that Forest Gate residents and the Park District have spent a lot of
time and effort on this issue and that he is disappointed a resolution has not been reached.
He hopes that everyone involved can work together and come up with a reasonable
VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF APRIL 8,2014
solution. He further stated that he is not in favor of the variation request as presented.
Per Trustee Yusuf s request, Rick Kellen gave a brief history of field 1 lighting.
Trustee Yusuf stated that he feels all requirements have been satisfied and reasonable steps
have been taken to address this issue.
Attorney Friedman stated that if the original motion is denied without any other further
action, such as deferring to a future date, this matter must start all over again by first
returning to the ZBA.
Motion by Trustee Wolin, seconded by Trustee Manzo to defer this matter until May 27,
2014. VOICE VOTE: Motion carried.
B. Ordinances & Resolutions
1) RESOLUTION 2014-ENG-SIGN-AG-R-1358, A Resolution Approving and
Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and
ASE Illini-Scapes, Inc. for a Monument Sign at 22nd Street and York Road
Trustee Adler stated that he does not support this measure due to concerns he has regarding
the design and lighting of the monument sign proposed.
Attorney Friedman stated that according to State Statute, this project can be funded from
the hotel tax fund.
Trustee Yusuf stated that he is in support of the monument sign project.
Trustee Manzo stated that he likes that the monument signs will be uniform across the
Village and supports the measure.
Former Trustee Jeff Kennedy discussed the Village Beautification Plan that was adopted in
2006 and where future monument signs will go throughout the Village.
Resident Kathy Maher stated that this project is a good branding tool and feels the
monument sign project should move forward quickly. She also stated that she would like
to see the beautification of the Butler Government Center grounds.
Motion by Trustee Wolin, seconded by Trustee Manzo that a contract be awarded to ASE
Illini-Scapes, Inc. for the Monument Sign (22"d Street and York Road) Project in the
amount of$48,616.
ROLL CALL VOTE:
Ayes: 4—Trustees Manzo, Moy, Wolin, and Yusuf
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Nays: 1 —Trustee Adler
Abstain: 0—None
Absent: 1 —Trustee Baar
C. Hotel Tax Ordinance Change—DISCUSSION ONLY
Trustee Adler discussed the memo on the hotel tax ordinance that Attorney Friedman
prepared a few weeks ago. The memo included the following:
• Hotel Tax Statute
• Village Hotel tax
• Issues for Consideration
Trustee Adler urged that the Village code be clarified by amending it to line up to the
wording in the Illinois State Statute.
Tracy Mulqueen, President of the Greater Oak Brook Chamber of Commerce, stated that
the Chamber would like to work in full partnership with the Village on amending the
Village code.
Trustee Wolin reviewed the history and intent of the hotel tax ordinance and how the
money has been used for Village beautification.
Trustee Manzo stated that the hotel tax should benefit the hotels and businesses as well as
the residents. He is in favor of amending the ordinance to expand the Village's scope of
expenditures as permitted by law. He stated that he is not in favor of stifling any of the
beautification and streetscape projects currently taking place in the Village.
Former Trustee Jeff Kennedy discussed the history of the additional 2% hotel tax to be
used on streetscape and beautification projects and stated that reverting the wording in the
Village ordinance is a breach of faith.
Trustee Adler stated that the intent of an amendment is to clarify wording in the ordinance,
not to revert what was agreed upon with hotels, local businesses, and the Chamber.
Trustee Yusuf believes the Village Ordinance should mirror the State Statute to make sure
there is no ambiguity. He stated that he will not support any measure that threatens the
viability of existing programs that are very beneficial to the Village.
10. ACTIVE BUSINESS
A. Confirmation of Appointments
1) Reappointments to Various Boards, Commissions and Committees (Board of Fire and
Police Commissioners, Library Commission, Plan Commission, and Police Pension
Fund)
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Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointment of
Judy Lucas to the Oak Brook Board of Fire and Police Commissioners to a term that
expired in May of 2017. VOICE VOTE: Motion carried.
Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointments of
Jeff Franklin, Veena Mendiratta and Hope Sabbagha to the Oak Brook Library
Commission to a term to expire in May of 2017. VOICE VOTE: Motion carried.
Motion by Trustee Manzo, seconded by Trustee Moy to approve the reappointments of
Marcia Tropinski as Chairman, Raj Lal, Naveen Jain to the Oak Brook Plan Commission
to a term that expires in May of 2017. VOICE VOTE: Motion carried.
Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointment of
Alan Feldman to the Oak Brook Police Pension Fund for a term that expires in 2016.
VOICE VOTE: Motion carried.
B. Ordinances & Resolutions - PULLED
1) RESOLUTION 2014-ENG-BSLMUSEUM-HVAC-R-1354, A Resolution Approving
and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook
and Oak Brook Mechanical Services for the Purchase and Installation of a HVAC System
for the Heritage Center
C. Authorization to Seek Bids or Proposals or Negotiate Contracts — DISCUSSION
ONLY
1) Refuse Collection Contract
Trustee Wolin stated that the contract for residential refuse collection with Republic
Services expires at the end of 2014 and requested input from the Board on the following:
1) Is Monday the preferred day for waste pick-up?
2) Would Tuesday pick-up be better since many holidays occur on Monday?
3) Is it acceptable to have waste pick-up on multiple days of the week or should we
require pick-up on one day?
4) Any changes in service desired?
5) Should we conduct a bid process or a request for proposal process?
6) Should the HOA presidents be contacted for input?
Resident Peter Huizenga stated that he has a high level of respect for Republic Services,
that he prefers pick-up day to remain on Monday and that the fees are reasonably priced.
He feels that Republic Services has earned the right for contract renegotiation and
extension.
Discussion ensued and the consensus was to review with Homeowners Association
Presidents for feedback and to conduct the request for proposal process.
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D. Employee Insurance Presentation
Interim Assistant Village Manager Doczekalski gave a brief update on the insurance
process as an introduction for the actual renewal that will take place at the June board
meeting. Items discussed were as follows:
• Changes over the past several years
• Comparable premium sharing
• Employee insurance update timeline
• Future events
Trustee Adler suggested that this item be brought back to the Board at the last Board
meeting in May for a final decision.
11. INFORMATION & UPDATES
A. VILLAGE MANAGER—NONE
B. VILLAGE CLERK
Clerk Pruss reminded everyone that "Taking Care of Business Day" is May 7th from 10
am — 3 pm at the Public Library. She mentioned the different vendors attending the
event.
C. TRUSTEES
Trustee Adler stated that McDonalds has agreed to provide shuttle service for Polo
events.
D. VILLAGE ATTORNEY—NONE
E. VILLAGE PRESIDENT
Chief Kruger asked everyone to support the Special Olympics fundraiser being held at
Blueberry Hill on Saturday from 10:00 am— 12:00 pm. He also stated that the Oak Brook
Police Department and the FBI will be participating in a training exercise around the
Oakbrook Center on Sunday from 5:00 am— 10:00 am.
Finance Director Dangles mentioned that Polo tickets are now available for sale.
Interim Assistant Village Manager Doczekalski stated that the Village is very close to
hiring a B&T Manager. She also mentioned the open part-time positions in Public Works
and Administration.
Community Development Director Kallien stated that the Borders space will be occupied
by the Great Escape.
12. ADJOURN TO CLOSED SESSION
Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn to closed session for the
purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) collective
VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF APRIL 8,2014
negotiating matters, and (3) appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body pursuant to section
2c(21), 2c(2), and 2c(1) of the Illinois Open Meetings Act, respectively.
ROLL CALL VOTE:
Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 1 —Trustee Baar
Motion carried
This meeting was adjourned to closed session at 11:00 pm.
13. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn the Regular Meeting of
the Board of Trustees at 11:55 pm. VOICE VOTE: Motion carried.
ATTEST:
/s/Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
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