MINUTES OF THE NOVEMBER 10_ 2009 REGULAR MEETING OF .pdf by tongxiamy

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									                           MINUTES OF THE JULY 12, 2011 REGULAR MEETING OF THE
                           PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
                           OAK BROOK APPROVED AS WRITTEN ON AUGUST 9, 2011.




 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
       7:00 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 Mark Moy, Gerald Wolin, and Asif
                    Yusuf.
       ABSENT: Trustees Stelios Aktipis (arrived at 7:39 pm), Michael Manzo (arrived at 7:08
                     pm), and Elaine Zannis (arrived at 7:03 pm).
       IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village
                     Manager; Robert Kallien, Community Development Director, Sharon
                     Dangles, Finance Director; Thomas McEllin, Fire Chief; Sue Madorin,
                     Library Director; Steve Larson, Police Department Consultant; Michael
                     Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and
                     Peter Friedman, Village Attorney.

 3.    PRESIDENT’S OPENING COMMENTS
       President Lalmalani thanked Village staff who worked so hard during the recent storm.
       Most of our residents had no power, some homes for several days, and many residents lost
       large trees and/or large branches.

       Our Public Works Department worked 16-hour days immediately following the storm, and
       12-hour days for the past two weeks since the storm hit. Our Public Works logged over
       1400 man hours and along with private contractors has worked to clean up trees and tree
       branches from one of the worst storms to hit Oak Brook. We had approximately 150 public
       trees and 150 private trees severely damaged. As a result of the storm we have extended
       clean up operations until July 22.

       Public safety did their usual good job responding to numerous calls the night of the storm.
       We had to evacuate several homes that were in close proximity to downed high voltage
       power lines and controlled traffic at other hazardous locations. The fire department
       responded to several areas to assess storm damage, such as fallen trees on houses and
       downed power lines.

       Assistant Village Manager Blaine Wing provided the leadership for the storm and power
       outage efforts. He along with Donna Bettin worked tirelessly to make sure ComEd made
       the restoration of power in Oak Brook a priority. Bob Kallien, Bill Hudson and Blaine


VILLAGE OF OAK BROOK MINUTES           Page 1 of 10           REGULAR MEETING JULY 12, 2011
       toured several areas of Oak Brook twice with ComEd executives that were without power
       and were able to convince ComEd officials to bring additional crews to restore power to
       these areas. Additionally, Donna Bettin, Mary Meranda, Rose Kane and other
       administrative staff worked extra hours to answer calls, escalate issues, and provide
       information. Ejaz Khan posted updated messages on the Village’s website, Facebook
       page, and Twitter account. Blaine stayed in contact with the Home Owner Association
       Presidents and worked directly with several of the most affected areas, so messages could
       be shared door-to-door. Blaine also secured a large dumpster from Allied Waste, so
       residents had somewhere to dispose of spoiled items.

       President Lalmalani thanked the rest of the Village’s staff who worked under adverse
       conditions, without power for 2.5 days, to assist residents and businesses as much as
       possible and to try to restore normalcy.

       President Lalmalani also mentioned that the Village will provide free building permits for
       any resident who have to make repairs to their home as a result of the storm.

       President Lalmalani made mention of our annual Taste of Oak Brook. He stated Trustee
       Mike Manzo did a great job as the trustee liaison along with former Trustee Jim Carson.
       He also stated staff did a great job in planning and working the event and thanked the
       Chamber who assisted with sponsorships, the Jaycees who manned the beverage tent and
       Ravenswood Events who oversaw the event.

       And finally, President Lalmalani stated that the Village’s general fund sales tax revenues
       received this month were 10% higher compared to what was received in July, 2010. This is
       the 14th month in a row that we have seen increases in sales tax revenues compared to the
       year before.

       1) Proclamation for Federation of Indian Associations – Presented
       The Proclamation was read by Clerk Pruss.

       2) Resolution of Appreciation – Frederick C. Cappetta
       The Resolution was read by Clerk Pruss

       Motion by Trustee Zannis, seconded by Trustee Wolin for approval of the Resolution of
       Appreciation R-1107 recognizing Fred Cappetta’s service to the Village. VOICE VOTE:
       Motion carried.

       3) Resolution of Appreciation – Edward H. Nielsen
       The Resolution was read by Clerk Pruss

       Motion by Trustee Zannis, seconded by Trustee Manzo for approval of the Resolution of
       Appreciation R-1108 recognizing Ed Nielson’s service to the Village. VOICE VOTE:
       Motion carried.

       4) Greater Oak Brook Partnership Presentation – Presented



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       Tracy Mulqueen, the Executive Director of the Greater Oak Brook Chamber of Commerce
       gave an update on the Greater Oak Brook Partnership. She discussed the following:
                 Project Scope
                 Goals
                 Objectives
                 Partnership Work to Date
                 Milestones
                 Future Milestones
                 Upcoming Activities
                 Challenges and Opportunities

       Trustee Moy thanked Tracy for the great job she continues to do for the Village.

       Trustee Wolin thanked Tracy and the Chamber of Commerce for the great job they do.

       Trustee Zannis thanked Tracy and the Chamber of Commerce and the value they add to the
       Village.

       Trustee Yusuf stated that Tracy has done a phenomenal job and thanked her for her hard
       work.

 4.    RESIDENT/VISITOR COMMENT
       The residents who signed up to speak will do so during the agenda item.

 5.    APPROVAL OF MINUTES
       A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 24, 2011
       Motion by Trustee Zannis, seconded by Trustee Wolin to approve the Minutes of the
       Regular Board of Trustees Meeting of May 24, 2011. VOICE VOTE: Motion carried.

       B. SPECIAL BOARD OF TRUSTEES MEETING OF JUNE 2, 2011
       Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Minutes of the
       Special Board of Trustees Meeting of June 2, 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 June 24, 2011 - $487,174.70

            2) For Period Ending July 8, 2011 - $725,286.75

            Significant Items included in Above:


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            1) DeAno & Scarry, LLC – Legal Services – May, 2011 - $1,535.50
            2) Odelson & Sterk, Ltd. - Legal Services – April, 2011 - $32,732.93
            3) Odelson & Sterk, Ltd. - Legal Services – May, 2011 - $18,024.54
            4) Seyfarth, Shaw, LLP – Legal Services – June, 2011 - $1,203.90
            5 DuPage Water Commission - May, 2011 - $199,015.99
            6) PirTano Construction – Payout #11 – 2010 Water Main Replacement - $114,100.23
            7) James D. Fiala Paving Co., Inc. – Payout #1 – 2011 ERP Paving Project -
               $249,460.63

       B. Approval of Payroll

            1) For Pay Period Ending June 11, 2011 - $682,823.27

            2) For Pay Period Ending June 25, 2011 - $612,096.67

       C. Community Development Referrals – NONE AT THIS TIME

       D. Authorization to Seek Bids or Proposals or Negotiate Contracts:

            1) Banking Services

            2) Purchasing Card Services

       E. Budget Adjustments – None

       F.   Ordinances & Resolutions

            1) Resolution 2011-AG-EX1-R-1109, A Resolution Approving and Authorizing the
               Execution of an Intergovernmental Agreement By and Between the Village of Oak
               Brook and the Illinois Department of Transportation Regarding Traffic Signals

            2) Resolution 2011-AG-EX1-R-1110, A Resolution Approving and Authorizing the
               Execution of a Janitorial Services Agreement By and Between the Village of Oak
               Brook and Perfect Cleaning Service Corporation

            3) Ordinance 2011-LC-AL-G-947, An Ordinance Amending Title 4, Chapter 1,
               Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the
               Number of Authorized Liquor Licenses

       G. Monthly Treasurer’s Report May 31, 2011

       H. Departmental Expenditure Custom Report

       Motion by Trustee Wolin, seconded by Trustee Zannis to approve the Consent Agenda and
       authorize expenditures as presented or amended.
       ROLL CALL VOTE:



VILLAGE OF OAK BROOK MINUTES            Page 4 of 10           REGULAR MEETING JULY 12, 2011
       Ayes: 5– Trustees Manzo, Moy, Wolin, Yusuf and Zannis
       Nays: 0 – None
       Abstain: 0 – None
       Absent: 1 – Trustee Aktipis
       Motion carried.

 7.    ITEMS REMOVED FROM CONSENT AGENDA – NONE

 8.    BOARD & COMMISSION RECOMMENDATIONS
       A. Pridmore – 15 Glenoble Court –Variation – Fence Height

       Village Attorney Friedman recused himself from the Pridmore variation case. When this
       case was initiated the Pridmore’s legal counsel was a member of the firm of Holland and
       Knight. That original attorney has now been replaced by an attorney with no affiliation
       with Holland Knight.

       Trustee Moy stated that at its meetings on March 1 and June 7, 2011, the Zoning Board of
       Appeals held the required public hearings and completed its review and deliberations on a
       petition from Keith Pridmore, the owner of the home located at 15 Glenoble Court seeking
       approval of a variation to the Zoning Ordinance to allow an existing 48-inch high fence to
       remain as constructed on the property.

       He also stated that part of the testimony provided at these meetings, the petitioner testified
       that they needed a fence that exceeded the Village’s 42 inch height limitation in order to
       keep their special needs child safe. This testimony was supported by a confidential letter
       from a physician addressing the medical need for the taller fence.

       He further stated that the Zoning Board of Appeals recommended approval of the
       requested variation to the Zoning Ordinance to permit a 48 inch high fence.

       Motion by Trustee Moy, seconded by Trustee Manzo to concur with the recommendation
       from the Zoning Board of Appeals and approve the requested variation to permit a 48 inch
       high fence at 15 Glenoble Court subject to the following conditions: If the property is sold,
       or if the child no longer has special needs, or if the child moves from the home, the fence
       would be brought into compliance with the zoning regulations of the Village at that time
       and at the expense of the property owner; and authorize the Village Attorney to prepare the
       necessary ordinance for final consideration at the July 26, 2011 Board of Trustees meeting.

       John M. Riccione stated that he is the attorney for Keith Pridmore and will be happy to
       answer any questions.

       Resident Harry Peters commented on the Forrest Glen opposition to the Pridmore fence
       variance. He stated that the Forrest Glen Home Association Board had repeatedly and
       consistently denied the request to have the fence put up. He further stated that the Village
       Board has a chance to send a message to those who choose to not follow Village code.

       Trustee Zannis stated that Home Owner Associations are important to the Village and that


VILLAGE OF OAK BROOK MINUTES            Page 5 of 10            REGULAR MEETING JULY 12, 2011
       the Board should heed their requests. She also stated that what should be noted is as
       follows: 1) The variance was requested after the issue was continuously pushed by the
       Home Owners Association, and 2) The fence was put up prior to the child being born. She
       further stated Village codes should be enforced.

       Trustee Wolin stated this is a very difficult decision to make and expressed his concerns.
       He stated that before he votes, he would like to see the letter from the doctor explaining the
       disability of the child and why the fence is needed. He also stated that he is disturbed that
       Mr. Pridmore did not respond to Village correspondence, and requested an explanation as
       to why Mr. Pridmore submitted an incorrect plat of survey showing a pool on his property.
       He further stated that the motion needs to be modified to include an agreement or a bond to
       insure the fence will be brought to compliance when certain conditions are met. He asked
       if Mr. Pridmore was imposed a penalty for building a fence without a permit. Community
       Development Director Bob Kallien stated Mr. Pridmore paid a $500 penalty.

       Trustee Manzo echoed Trustee Wolin's concerns. He also stated the Board should not view
       the letter from the doctor until they have something in writing stating they can.

       Trustee Moy had a copy of the letter and forwarded it to Trustee Wolin. He stated the
       fence was built 10 years ago and that the Village codes are meant to serve the residents of
       Oak Brook, not to police the residents and should be flexible. He further stated when
       reviewing variances three things need to be reviewed: 1) is there a safety issue, 2) is it an
       eye sore, and 3) is there a nuisance issue. He asked the Board members to be reasonable
       and practical when considering this matter and the vote should not be delayed.

       Trustee Yusuf stated he also would like to see the letter and feels that if the circumstances
       necessitate the fence for safety reasons, he would have a very hard time objecting to the
       variance. He also stated that there are circumstances that warrant variations.

       Trustee Aktipis stated he agrees with Trustee Moy’s comments. He also stated that it is
       never been a good idea for the Board to try to resolves issues among residents. He further
       stated that a hearing should be held by the plan commission regarding what the resident’s
       wishes are regarding fences.

       Resident Jim Daggerstrom stated he agrees with Dr. Moy’s comments and hopes the Board
       will make the right decision.

       Resident Richard Allison stated that he is an advocate of following the rules and hopes the
       Board comes to a successful resolution.

       Community Development Director Kallien stated that there are legal documents available
       to enforce the taking down of the fence if certain conditions are met and can be included in
       the motion.

       Manager Niemeyer stated that the $500 penalty is consistent with how we handle similar
       situations. He also stated that the Village has the ability to enforce the Village codes, not



VILLAGE OF OAK BROOK MINUTES             Page 6 of 10           REGULAR MEETING JULY 12, 2011
       Home Owners Association codes.

       John M. Riccione summarized the events that led up to the variance being requested and
       addressed some of the issues raised by Trustees.

       Motion by Trustee Manzo, seconded by Trustee Zannis to defer the item in order to get
       written authorization to view the letter and to make a decision at the next Board meeting.
       ROLL CALL VOTE:
       Ayes: 4 – Trustees Manzo, Wolin, Yusuf and Zannis
       Nays: 1 – Trustee Moy
       Abstain: 0 – None
       Absent: 0 – None
       Present: 1 – Trustee Aktipis
       Motion carried.

 9.    UNFINISHED BUSINESS
       A. ELECTRIC AGGREGATION – Update only
       Trustee Wolin gave a brief update as to where the Village is in terms of electric
       aggregation, what has been done so far, and what still needs to be done. He stated the
       Village is going out to bid for the electric supply charge for residents and small residents
       with the hopes of saving 15% – 20%. He also stated that the Village is reviewing
       proposals received for consulting services to assist in the process. He emphasized that
       residents have the option of opting out and stay with their current supplier.

 10.   ACTIVE BUSINESS
       A. CONFIRMATION OF APPOINTMENTS
       1) Plan Commission – Marcia Tropinski
           Motion by Trustee Manzo, seconded by Trustee Wolin to accept the reappointment of
           Marcia Tropinski as Chairwoman of the Oak Brook Plan Commission for a term to
           expire in May of 2014. VOICE VOTE: Motion carried.

            Plan Commission – Raj Iyler
            Motion by Trustee Wolin, seconded by Trustee Aktipis to accept the reappointment of
            Raju Iyer to the Oak Brook Plan Commission for a term to expire in May of 2012.
            VOICE VOTE: Motion carried.

            Plan Commission – Simon Sheers
            Motion by Trustee Aktipis, seconded by Trustee Wolin to accept the reappointment of
            Simon Sheers to the Oak Brook Plan Commission for a term to expire in May of 2013.
            VOICE VOTE: Motion carried.

            Plan Commission – Al Knuth, Jr.
            Motion by Trustee Yusuf, seconded by Trustee Aktipis to accept of Al Knuth to the
            Oak Brook Plan Commission for a term to expire in May of 2014. VOICE VOTE:
            Motion carried.




VILLAGE OF OAK BROOK MINUTES            Page 7 of 10           REGULAR MEETING JULY 12, 2011
            Plan Commission – Naveen Jain
            Motion by Trustee Wolin, seconded by Trustee Manzo to accept the appointment of
            Naveen Jain to the Oak Brook Plan Commission for a term to expire in May of 2014.
            VOICE VOTE: Motion carried.

            Plan Commission – Raj Lal
            Motion by Trustee Aktipis, seconded by Trustee Yusuf to accept the appointment of
            Raj Lal to the Oak Brook Plan Commission for a term to expire in May of 2014.
            VOICE VOTE: Motion carried.

       2) Zoning Board of Appeals – Cham Davis
          Motion by Trustee Manzo, seconded by Trustee Aktipis to accept the reappointment of
          Champ Davis of the Oak Brook Zoning Board of Appeals for a term to expire in May
          of 2015. VOICE VOTE: Motion carried.

           Zoning Board of Appeals – Baker Nimry
           Motion by Trustee Manzo, seconded by Trustee Wolin to accept the reappointment of
           Baker Nimry to the Oak Brook Zoning Board of Appeals for a term to expire in May of
           2015. VOICE VOTE: Motion carried.

           Zoning Board of Appeals – Steven Young
           Motion by Trustee Aktipis, seconded by Trustee Manzo to accept the reappointment of
           Steven Young to the Oak Brook Zoning Board of Appeals for a term to expire in May
           of 2015. VOICE VOTE: Motion carried.

           Zoning Board of Appeals – Al Savino
           Motion by Trustee Manzo, seconded by Trustee Wolin to accept the appointment of AL
           Savino to the Oak Brook Zoning Board of Appeals for a term to expire in May of 2016.
           VOICE VOTE: Motion carried.

       B. ORDINANCES & RESOLUTIONS – NONE

       C. AWARD OF CONTRACTS – NONE

       D. LOBBYIST CONTRACT DISCUSSION – DISCUSSION ONLY

       Trustee Manzo stated that he, Trustee Moy and Manager Niemeyer were assigned to work
       together to determine whether the lobbyist contract should be extended. The contract was
       previously extended 60 days until July 22, 2011 at the May 24th Board meeting. He stated
       the recommendation is to not to extend the lobbyist contract past July 22, 2011, but the
       Village should continue to assess whether we would need a lobbyist on a per project basis
       for important issues, such as the Costco traffic signal issue.

       Trustee Moy reemphasized that using the lobbyists opened many doors to the Village and
       that we got our money’s worth. He stated that we can use lobbyists on an as needed basis.
       He also stated that we can revisit the issue of having lobbyists on a retainer at a later date.



VILLAGE OF OAK BROOK MINUTES             Page 8 of 10           REGULAR MEETING JULY 12, 2011
       Trustee Aktipis stated that we are now disassociating ourselves from very powerful and
       influential lobbyists and that they both stated that they are unwilling to work with the
       Village on an as needed basis. He also stated that preparations need to be made prior to
       retaining lobbyists on an as needed basis.

       Trustee Zannis stated she would like to amend the motion instead of terminating the
       contract, to sever ties with one of the lobbyists, maintain Thompson on retainer until the
       completion of the 22nd Street widening and the installation of the Costco street light.

       President Lalmalani stated there is no motion to be made since this is for discussion only.

       Motion by Trustee Zannis, seconded by Trustee Wolin to extend the contract for Mike
       Thompson until the completion of the 22nd Street widening and the installation of the
       Costco street light.

       Attorney Friedman stated a motion cannot be made since it was listed on the agenda as
       discussion only. He stated it can be deferred to the next meeting.

       Trustee Manzo stated that we need to be frugal and that lobbyists are not needed to open
       doors in Springfield. He also stated it would be reckless to have lobbyists on retainer in
       these economic times.

       Trustee Aktipis discussed the Costco street light and stated the lobbyists were very
       influential in the process.

       Trustee Yusuf asked if anything can happen to derail the Costco street light. Manager
       Niemeyer stated he does not foresee a problem and that the Village has signed an
       agreement with IDOT to pay for part of the street light. Manager Niemeyer also stated that
       the lobbyists were very influential in setting up meetings with IDOT when staff was
       unable to.

 11.   INFORMATION & UPDATES
       A. VILLAGE MANAGER
       Manager Niemeyer discussed the storm and stated 95% of power is now restored in Oak
       Brook. He also stated that tree branch removal has been extended and clean-up will
       continue after that. He also thanked staff for all their hard work with the storm and with
       the Taste of Oak Brook.

       B. VILLAGE CLERK
       Clerk Pruss stated that Dr. Moy will present an advanced cardiac life support class, and the
       symptoms to watch for in adults and young athletes at the Oak Brook Park District on July
       21st. She emphasized how important it is for everyone to learn CPR.

       Clerk Pruss stated that the lunch buffet at the Oak Brook Golf Clubhouse is tomorrow and
       encouraged everyone to go.



VILLAGE OF OAK BROOK MINUTES            Page 9 of 10           REGULAR MEETING JULY 12, 2011
       Clerk Pruss emphasized that solicitors have to register at the Village and must have name
       badge. She also stated that she has “no solicitor’s or peddlers” signs.

       C. TRUSTEES
       Trustee Manzo discussed the Taste of Oak Brook and thanked employees for all their hard
       work.

       Trustee Moy stated that Oak Brook can be the premier fireworks show in the area since
       Chicago has cancelled their show.

       Trustee Zannis thanked the employees and all involved with the Taste of Oak Brook.

       D. VILLAGE PRESIDENT
       President Lalmalani announced that he created an ad hoc committee to oversee the police
       chief recruitment. He stated that 139 applications have been received for the position.

 12.   ADJOURN TO CLOSE SESSION To consider actual and probable or imminent litigation
       pursuant to section 2c11 of the open meetings act.

       Motion by Trustee Aktipis, seconded by Trustee Wolin 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, Yusuf and Zannis
       Nays: 0 – None
       Abstain: 0 – None
       Absent: 0 – None
       Motion carried.

       This meeting was adjourned to Closed Meeting at 9:01 pm.

 13.   ADJOURNMENT
       Motion by Trustee Manzo, seconded by Trustee Wolin to adjourn the Regular Meeting of
       the Board of Trustees at 10:15 pm. VOICE VOTE: Motion carried.

ATTEST:



/s/ Charlotte K. Pruss_
Charlotte K. Pruss
Village Clerk




VILLAGE OF OAK BROOK MINUTES          Page 10 of 10          REGULAR MEETING JULY 12, 2011

								
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