3. PRESIDENT S OPENING COMMENTS A. Proclamation DuPage River Sweep The Proclamation was read by Clerk Pruss. B. Proclamation National Library Week

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1 MINUTES OF THE MARCH 26, 2013 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 23, 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 p.m. 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, Asif Yusuf, and Elaine Zannis. ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin, Library Director; James Kruger, Police Chief; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT S OPENING COMMENTS A. Proclamation DuPage River Sweep The Proclamation was read by Clerk Pruss B. Proclamation National Library Week The Proclamation was read by Clerk Pruss Library Director Madorin mentioned the many wonderful things that the Friends of the Library and the Library Commission do for the library. President Lalmalani reported that in the Peterson case, Judge Sheen entered an order that upholds the Board of Fire and Police Commissioners decision to discharge Stephen Peterson. He also reported that in DuPage County, the Village s motion to dismiss the complaint filed against it by JSQ regarding the HUB development was granted. He thanked everyone who worked on both cases. President Lalmalani reminded everyone to vote on April 9 th. President Lalmalani wished all people of Jewish decent a wonderful Passover season. VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF MARCH 26, 2013

2 4. RESIDENT/VISITOR COMMENT Resident Harry Peters stated that voters need to express what they expect from elected officials. He mentioned issues that occurred in several towns and stated that he would like to see changes on how Trustees vote on important matters. Trustee Aktipis discussed the Thomas Sheahan pension issue and report. He also stated that the current Board is very sensitive to the issue of abuse of power. 5. APPROVAL OF MINUTES Motion by Trustee Zannis, seconded by Trustee Aktipis to limit the debate on closed meeting minutes to one or two minutes per Trustee. Ayes: 5 Trustees Aktipis, Manzo, Moy, Wolin, and Yusuf Nays: 1 Trustee Zannis Attorney Friedman reiterated that a supermajority is needed in order for an amended or subsequent motion to be approved. Amended Motion by Trustee Manzo, seconded by Trustee Moy to limit the debate on closed meeting minutes to five minutes per Trustee. Ayes: 4 Trustees Aktipis, Moy, Wolin, and Yusuf Nays: 2 Trustee Manzo and Zannis Motion fails. Motion by Trustee Zannis seconded by Trustee Aktipis to restrict the debate to one speech and two minutes per Trustee. Ayes: 5 President Lalmalani, Trustees Aktipis, Moy, Wolin, and Wolin Nays: 2 Trustee Manzo and Yusuf Motion fails. A. EXECUTIVE MEETING MINUTES OF DECEMBER 11, ) Approval of Minutes Trustee Manzo stated that this vote will be on a shortened and amended version of the VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF MARCH 26, 2013

3 December 11, 2012 closed meeting minutes. He feels that there were violations of the open meetings act. He also stated that this matter was referred to the Attorney General s Office. Trustee Zannis rebutted by stating that a vote was not taken at the Executive meeting of December 11, She also stated that the dialog at the meeting did not violate any laws per the DuPage County State s Attorney s Office. Trustee Wolin stated that he agrees with approving the abbreviated version of the Executive meeting minutes of December 11, 2012 and that releasing the verbatim minutes will set precedence. Trustee Manzo stated that in an effort to be transparent, the verbatim meeting minutes of December 11, 2012, with redactions, should be released for approval. President Lalmalani stated that he reported the potential violation of the open meetings act to the Attorney General s Office. He addressed the question at hand and made some clarifications. Resident Harry Peters expressed his concerns and hopes that the Trustees are being transparent and forthright with the citizens of Oak Brook. He questioned the penalties for an open meetings act violation. Attorney Friedman stated that the penalties can be a host of things. Resident Tony DiCanio expressed his disappointment with the behavior of the Board members and asked them to move forward. Trustee Aktipis read portions of a letter from the DuPage County State s Attorney s Office regarding this matter. He also pointed out that the Attorney General s Office has yet rendered an opinion. Trustee Yusuf reiterated some points and stated that he is in support of approving the longer version of the Executive meeting minutes of December 11, He also stated that the short version minutes are accurate. Motion by Trustee Zannis, seconded by Trustee Aktipis to approve the minutes of the Executive Meeting of December 11, 2012 Ayes: 4 Trustees Aktipis, Moy, Wolin, and Zannis Nays: 2 Manzo, and Yusuf VILLAGE OF OAK BROOK MINUTES Page 3 of 11 REGULAR MEETING OF MARCH 26, 2013

4 2) Approval of Release of Redacted Version of Minutes Motion by Trustee Zannis, seconded by Trustee Aktipis to limit Trustee comments to two minutes per Trustee. Ayes: 5 Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 1 Manzo Trustee Manzo does not support the release of the redacted Executive meeting minutes because residents will not get the full version of what occurred. Resident Phil Cuevas feels that the public has the right to know the topics discussed at the Executive meeting of December 11, He also asked all Board members to behave appropriately at Board meetings. Trustee Wolin stated that the topic of the December 11, 2012 meeting pertains to one person and has no impact on the Village of Oak Brook. Motion by Trustee Aktipis, seconded by Trustee Wolin to approve the release of the redacted version of the minutes of the Executive Meeting of December 11, 2012 Ayes: 5 Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 1 Manzo 3) Consideration of Release of Closed Meeting Tape Motion by Trustee Manzo to release the closed meeting tape of December 11, This motion was not seconded. 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 March 22, 2013 $564, Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. Legal Services February, $2, (FY13 YTD - $4,554.05) 2) Rathje & Woodward, LLC Legal Services February, $3, (FY13 YTD - $6,666.66) VILLAGE OF OAK BROOK MINUTES Page 4 of 11 REGULAR MEETING OF MARCH 26, 2013

5 TOTAL LEGAL BILLS PAID FOR $22, ) DuPage Water Commission - $232, ) Christopher B. Burke Eng. Payout # Paving Project - $26, B. Approval of Payroll for Pay Period Ending March 16, $686, C. Community Development Referrals NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Deicer Salt E. Budget Adjustments NONE F. Ordinances & Resolutions 1) ORDINANCE 2013-LC-AL-G-993, 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 2) RESOLUTION 2013-ADJUD-OFCR-PD-R-1247, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Marquardt & Belmonte, P.C. for Administrative Adjudication Hearing Officer Services 3) RESOLUTION 2013-FIREWORKS-AG-R-1250, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Melrose Pyrotechnics for the 2013 Independence Day Fireworks Display 4) ORDINANCE 2013-PP-S-1366, An Ordinance Authorizing the Sale through Electronic Auction or Broker, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook 5) RESOLUTION 2013-ENG-TRANS-PRJT-AG-R-1246, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Christopher B. Burke Engineering, LTD for Design Services for the St. Paschal Drive/35 th Street Transportation Control Measures Project 6) RESOLUTION 2013-LY-R-1245, A Resolution Authorizing and Directing the Oak Brook Public Library to Participate in the Non-Resident Library Card Program from July 1, 2013 to June 30, ) ORDINANCE 2013-CD-BC-ELV-G-994, An Ordinance Updating the Village s Elevator Standards and Amending Section of the Village Code of the Village of Oak Brook Relating to the Building Code VILLAGE OF OAK BROOK MINUTES Page 5 of 11 REGULAR MEETING OF MARCH 26, 2013

6 8) RESOLUTION 2013-WA-MAIN-CNTRCT-EX1-R-1253, A Resolution Approving and Authorizing the Award and Execution of a Construction Contract Relating to the 2013 Water Main Replacement Project By and Between the Village of Oak Brook and Suburban General Construction, Inc. of LaGrange Park, Illinois G. Scavenger License H. Monthly Treasurer s Report Motion by Trustee Manzo, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. : Ayes: 6 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 None 7. ITEMS REMOVED FROM THE CONSENT AGENDA NONE 8. BOARD & COMMISSION RECOMMENDATIONS NONE 9. UNFINISHED BUSINESS NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Electric Aggregation and Issues Committee Motion by Trustee Wolin, seconded by Trustee Moy to approve the appointment of Resident Ron Maher to the Oak Brook Electric Aggregation and Issues Committee to serve a one-year term to expire on March 12, VOICE VOTE:. B. Pedestrian Access Agreement Jeff Kennedy, Chairman of the Streetscape Committee, gave a brief report on the status of the various pedestrian access projects. He stated that seven of the ten projects proposed by the committee are strongly supported by the business community. He also stated that some construction should start this year. He also discussed the highlights of the proposed agreement that will be sent out to stakeholder organizations and the cost sharing formula. He further stated that construction contracts will be presented to the Board for final approval. VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OF MARCH 26, 2013

7 President Lalmalani and Trustees thanked Mr. Kennedy for all his hard work. The consensus was that this project is long overdue for many reasons including safety and appearance. Resident Steve Young thanked Jeff Kennedy and stated that the Village should reach out to financial partners for funding. Motion by Trustee Zannis, seconded by Trustee Wolin that the Village Board authorizes Village staff to draft agreements with various stakeholder organizations, per the attached format, with the objective of defining participation in several joint pedestrian access projects. Ayes: 6 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 None C. Ordinances & Resolutions 1) RESOLUTION 213-BD-PC-TA-G-995, An Ordinance Amending Section of the Village Code Regarding Annexation Petition Trustee Aktipis discussed the proposed ordinance amending annexation petitions and suggested a friendly amendment of limiting item 5 of section 3 to non-residential areas of the Village. Manager Niemeyer discussed the reasons why item 5 was added to the ordinance. Community Development Director Kallien clarified the categories of land that can be considered for annexation. Trustee Yusuf does not feel the amendment is necessary. Resident Jerry White urged the Board to approve the necessary changes to the annexation petition process. Resident Mark Karambelas supports the amended changes to the Village code. Trustee Manzo clarified some misinformation and stated that an application for annexation from the Chateaux Loire subdivision was never presented to the Village. Motion by Trustee Aktipis, seconded by Trustee Wolin to approve Ordinance G-995, which approves an amendment to the Village Code regarding Annexation Petition VILLAGE OF OAK BROOK MINUTES Page 7 of 11 REGULAR MEETING OF MARCH 26, 2013

8 Procedures by the Plan Commission and limit Section 3, item 5 to vacant properties and existing commercial properties by majority vote of the Board of Trustees. Ayes: 5 Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 1 Manzo 2) RESOLUTION 2013-SC-B&T/P-AG-EX1-R-1249, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement by and Between the Village of Oak Brook and Jeff Ellis Management, LLC to Provide Management Services to the Sports Core Aquatic Center Discussion was had regarding whether or not to go out to bid for pool management services. The consensus was that this is a public safety matter and that Jeff Ellis is a leader in the industry and has provided excellent service to the Village for the past seven years. The bidding process for pool management services will not be conducted for the 2013 season. Motion by Trustee Yusuf, seconded by Trustee Aktipis that the Village Board approve Resolution R-1249 approving the waiver of competitive bidding and authorizing the execution of an agreement by and between the Village of Oak Brook and Jeff Ellis Management, LLC to provide management services to the Sports Core aquatic facility for the 2013 season in the amount not to exceed $84, plus additional reasonable costs of the additional insurance as approved in advance by the Village Manager. Ayes: 6 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 None 3) RESOLUTION 2013-FI-AUDIT-AG-R-1248, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Execution of an Agreement with Sikich, LLP Board members discussed the audit process and the Village s practice of bidding out these services every three to five years in order to ensure a fresh look at Village finances. Motion by Trustee Aktipis, seconded by Trustee Wolin that the Village Board waive biding and authorize the Village President to enter into an agreement for audit services for fiscal year 2013 and 2014 in the amount of $34,700 and $36,100 respectively with Sikich, 115 W. Diehl Road, Suite 400, Naperville, Illinois VILLAGE OF OAK BROOK MINUTES Page 8 of 11 REGULAR MEETING OF MARCH 26, 2013

9 Ayes: 5 Trustees Aktipis, Moy, Wolin, Yusuf, and Zannis Nays: 1 Trustee Manzo D. Award of Contracts NONE E. April Board Meeting Discussion ensued regarding time sensitive matters and the best day to have a special Board meeting in April. Motion by Trustee Zannis, seconded by Trustee Wolin to call a special Village Board meeting on Wednesday, April 10 th, at 7:00 p.m. Ayes: 6 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 None 11. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer mentioned that the Village website and the newsletter contain a detailed question and answer brochure on the Sports Core/School District referendum. B. VILLAGE CLERK Clerk Pruss stated that early voting started and ends on April 6 th. everyone to vote on April 9 th. She also reminded C. TRUSTEES Trustee Yusuf asked everyone to be safe on the roads. He also stated that the Board appreciates feedback from the public. Trustee Zannis requested that all Trustees turn in the minutes placed in front of them for shredding. Trustee Aktipis wished everyone a Happy Passover and Happy Easter. Trustee Manzo apologized to residents regarding the confusion earlier in the meeting. He also reminded everyone to vote on April 9 th. VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF MARCH 26, 2013

10 Trustee Wolin gave a brief update on the electric aggregation program and the committee s decision to hire a consultant to assist the Village with the next program. Trustee Aktipis recognized Trustee Wolin for his pioneer work with the electric aggregation program. Resident Tony DiCanio wished everyone a Happy and Holy Easter. D. VILLAGE ATTORNEY - NONE E. VILLAGE PRESIDENT Chief Kruger thanked everyone who supported the Special Olympics fundraiser at Labriola. He also stated that two new recruits will start the following week and that the Honor Guard participated at the DuPage County Chiefs of Police Association 50 th anniversary celebration. Chief McEllin wished everyone a Happy Easter. Sports Core Director VanDyke stated that the Golf Clubhouse will be opened for business starting April 3 rd. Public Works Director Hullihan asked everyone to be aware of Public Works crews on the streets. Community Development Director Kallien discussed the Zoning Board meeting to be held the following week. 12. ADJOURNMENT TO CLOSED SESSION, For the purpose of discussing (1) sale Litigation matters, (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, (3) minutes of meetings lawfully closed under this act matters pursuant to Section 2c(11), 2c(1), and 2c(21) of the Illinois Open Meetings Act, respectively. Motion by Trustee Aktipis, seconded by Trustee Moy, to adjourn to closed session for the purpose of discussing (1) sale Litigation matters, (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, (3) minutes of meetings lawfully closed under this act matters pursuant to Section 2c (11), 2c (1), and 2c (21) of the Illinois Open Meetings Act, respectively. Ayes: 6 Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, and Zannis Nays: 0 None VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OF MARCH 26, 2013

11 This meeting was adjourned to Closed Session at 9:26 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 11:06 pm. VOICE VOTE:. ATTEST: /s/charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 11 of 11 REGULAR MEETING OF MARCH 26, 2013