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Minutes - 04/28/2015 - Board of Trustees MINUTES OF THE APRIL 28, 2015 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 12, 2015 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. President Lalmalani informed those present that the Fire Department Honor Guard would be presenting the colors. A. Presentation of Colors The Fire Department Honor Guard presented the colors and the Pledge of Allegiance was given. 2. SWEARING IN OF FIRE BATTALION CHIEF AND FIRE LIEUTENANT President Lalmalani requested that Chief Liss and the members of the Board of Fire and Police Commissioners (BFPC) who were present to step forward with Clerk Pruss. BFPC Chairman Ed Main made some introductory remarks and provided some background regarding Battalion Chief Kevin Fleege and Lieutenant John Fagan. BFPC Commissioners John Pircon and Judy Lucas joined them at the podium. Chairman Main read the Appointment Orders and Clerk Pruss swore in both of the individuals. President Lalmalani congratulated Battalion Chief Fleege and Lieutenant Fagan. Fire Chief Liss exited with fire personnel and visitors. 3. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Michael Manzo Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: None IN ATTENDANCE: Village Manager Rick Ginex; Finance Director/Assistant Village Manager Sharon Dangles; Community Development Director Robert Kallien, Jr.; Information Technology Director Jim Fox; Fire Chief Barry Liss, Police Chief James Kruger, Engineering/Public Works Director Mike Hullihan, Sports Core Director Trey Van Dyke, Village Attorney Ben Schuster. 4. PRESIDENT’S OPENING COMMENTS A. Proclamation – National Police Week B. Proclamation – Building Safety Month Clerk Pruss read both Proclamations. VILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF APRIL 28, 2015 President Lalmalani invited residents to get involved with their Village by applying for appointments with various Village boards or commissions. He stated that applications could be picked up at Village Hall or an online application could be downloaded from the website. President Lalmalani announced that the Village of Oak Brook has once again received the Distinguished Budget Presentation Award for the current 2015 Budget from the Government Finance Officers Association. He remarked that this award is the highest form of recognition in governmental budgeting and represents a significant achievement by the organization. He presented this award to Sharon Dangles and the Finance Department, and thanked them on behalf of the Village for their hard work and dedication. President Lalmalani informed those present that the next Village Board meeting is scheduled for Tuesday, May 12th, at 7:00 p.m., and will be held at the Bath & Tennis Clubhouse. He stated that there would be a short business meeting and then the swearing in of the re-elected and newly-elected Village officials by Judge Ann Jorgensen would occur, followed by the recognition of Trustee Jerry Wolin for his service to the Village. He added that Reverend Meyers from Christ Church will deliver the innovation and that everyone is invited to attend the meeting. President Lalmalani remarked that he, Village Manager Ginex and Trustee Yusuf will be spending Wednesday in Springfield. He added that they have appointments to meet with Senator Lightford, Cullerton and Nybo and Representatives Lilly and Bellock. President Lalmalani congratulated Trustee Moy on his 40th wedding anniversary. 5. RESIDENT/VISITOR COMMENTS - None 6. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF APRIL 14, 2015 Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the minutes of the Special Board of Trustees Meeting of April 14, 2015. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 14, 2015 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the minutes of the Regular Board of Trustees Meeting of April 14, 2015. VOICE VOTE: Motion carried. 7. 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. VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF APRIL 28, 2015 Village Attorney Schuster brought the Board’s attention to Agenda Item 7.D.4., the resolution approving the Amended Plan of Governance for the Village’s Electricity Aggregation Program. He stated that, as mentioned in the public hearing, there is one change made to Section 6 of the Plan of Governance, with newly-revised copies on the dais for approval. He clarified that it was a small change to clean up some language in the last paragraph of Section 6 to add consistency regarding the kilowatt hours for those commercial customers obtaining Village pricing. A. Accounts Payable for Period Ending - $686,589.89 Significant Items included in Above: 1) Holland & Knight LLP – Legal Services – March, 2015 - $9,315.78 (FY15 – YTD - $45,381.40) 2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – March, 2015 - $1,316.25 (FY15 – YTD - $3,986.74) 3) Rathje Woodward, LLC - Legal Services - March, 2015 - $3,333.33 (FY15 – YTD - $9,999.99) TOTAL LEGAL BILLS PAID FOR 2015 - YTD - $67,199.88 4) DuPage Water Commission – March 31, 2015 - $398,376.47 5) 2015 First Quarter Hotel/Motel Tax Receipts – 20% of 1% Quarterly Dues – Jan., Feb., & March, 2015 - $13,666.98 B. Approval of Payroll for Pay Period Ending April 11, 2015 - $710,575.65 C. Community Development Referrals 1. 2119 Clearwater Drive – Variation - Setback D. Ordinances & Resolutions 1) RESOLUTION 2015-ENG-ST-IMPROVE-CNTRCT-R-1453, A Resolution Approving and Authorizing the Execution of a Construction Contract Relating to the 2015 Street Improvement Project By and Between the Village of Oak Brook and Central Blacktop Co., Inc. 2) RESOLUTION 2015-ENG-BRIDGE-CNTRCT-R-1452, A Resolution Approving and Authorizing the Execution of a Construction Contract Relating to the Bridge Improvement Project By and Between the Village of Oak Brook and Industria, Inc. 3) RESOLUTION 2015-B&T-CNTRCT-R-1451, A Resolution Approving and Authorizing the Execution of a Contract Relating to the Bath & Tennis Club Wood Refurbishing Project By and Between the Village of Oak Brook and FGN Services, LLC VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF APRIL 28, 2015 4) RESOLUTION 2015-ELEC-AGG-POG-R-1455, A Resolution Approving an Amended Plan of Governance for the Village's Electricity Aggregation Program 5) RESOULTION 2015-ELEC-AGG-AG-R-1456, A Resolution Approving and Authorizing the Execution of a Power Supply Agreement by and Between the Village Of Oak Brook and Eligo Energy Il, LLC for the Village's Electricity Aggregation Program 6) RESOLUTION 2015-SC-AG-R-1450, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Oak Brook Soccer Club, Inc. to Allow the Use of a Sports Core Soccer Field 7) RESOLUTION 2015-IDOT-ENG-AG-R-1454, Local Agency Agreement for Federal Participation Regarding the St. Paschal Drive/35th Street TCM Project 8) RESOLUTION 2015-IT-PD-AG-R-1457, A Resolution Approving an Amendment to the Agreement Between the Village and Municipal Systems, Inc. E. Reject All Bids for 2015 Fire Dispatch Room Renovations F. Monthly Treasurer’s Report – March 31, 2015 & Major Fund Financial Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 8. ITEMS REMOVED FROM CONSENT AGENDA - None 9. BOARD & COMMISSION RECOMMENDATIONS A. LeMeridien Hotel – 2100 Spring Road – Special Use – Outdoor Dining Area Adjacent to Hotel Restaurant Motion by Trustee Moy, seconded by Trustee Baar, to concur with the recommendation from the Plan Commission and Zoning Board of Appeals and approve the request from Wischermann Partners, Inc., operators of the LeMeridien Hotel for RBP Oak Brook, LLC, for a special use to operate an outdoor dining area to be located at 2100 Spring Road, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted and approved. VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF APRIL 28, 2015 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum seating capacity of 36 patrons may be provided in the outdoor dining area however that number may be increased subject to the approval of the Village. b. No live music, dancing or other outdoor entertainment will be permitted in the outdoor dining area. c. Allow the service of alcohol without a requirement that food also be served at the same time. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision “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 6. 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 May 12, 2015 Board of Trustees meeting. Community Development Director Kallien explained the special use requested and affirmed that the conditions are consistent with similar outdoor dining areas. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. B. 518 Wood Road – Variation Motion by Trustee Moy, seconded by Trustee Manzo, to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to allow the construction of an addition to an existing single family home at 518 Wood Road to encroach approximately 12 feet into the required 60-foot rear yard subject to the following conditions: 1. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 2. 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 3. Adoption of an ordinance necessary to grant the requested variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the May 12, 2015 Board of Trustees meeting. Community Development Director Kallien explained the variation requested regarding the VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF APRIL 28, 2015 lot being undersized for the zoning. Community Development Director Kallien replied to an inquiry regarding lot shrinkage that the majority of the variations being requested are for lots which were created many years ago, and in this case, the lot was created before Oak Brook was incorporated. He stressed that the Zoning Board reviews each request very carefully and looks at the unique circumstances of each one. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. C. 55 Breakenridge Farm – Variation Trustee Moy moved, seconded by Trustee Baar, to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to allow the construction of an addition to an existing single family home at 55 Breakenridge Farm that encroaches approximately 18.2 feet into the required rear yard and will be approximately 32.2 feet in length into the required 100-foot rear yard subject to the following conditions: 1. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 2. 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 3. Adoption of an ordinance necessary to grant the requested variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the May 12, 2015 Board of Trustees meeting. Community Development Director Kallien explained the variation requested and stated that it is a two-acre lot which is somewhat unique in that it is bounded on three sides by roadways. He stated that there have been no objections from surrounding property owners to the variation requested. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Various Boards and Commissions (Listed Below) VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF APRIL 28, 2015 • Board of Fire and Police Commissioners – John Pircon • Library Commission – Anthony DiCanio and Roberta Petz • Plan Commission – Tom Doyle and Raju Iyer • Police Pension Fund Board – Hitesh Patel • Firefighters Pension Fund Board – Timothy Schlindwein President Lalmalani requested a motion for approval of the reappointment of John Pircon to the Board of Fire and Police Commissioners, Anthony DiCanio and Roberta Petz to the Library Commission, Tom Doyle and Raju Iyer to the Plan Commission, Hitesh Patel to the Police Pension Fund Board and Timothy Schlindwein to the Firefighters Pension Fund Board. Short discussion ensued regarding deferring this agenda item until the new Board is sworn in. Motion by Trustee Wolin, seconded by Trustee Moy, to approve the reappointment of all of these individuals. Motion by Trustee Manzo, seconded by Trustee Yusuf, to defer any confirmation of appointments until the swearing in of the new Board. Discussion ensued regarding this matter. It was affirmed that no new applications have been received for these board and commission appointments. President Lalmalani stated that he waited until the election was over to consider these reappointments and that the current Board is familiar with these individuals. Trustees Manzo and Yusuf expressed that it would be preferable to wait until Trustee-Elect Tiesenga is sworn in. Discussion ensued regarding the application process and it was affirmed that previous applications received are kept on file. Regarding the Motion to Defer confirmation of the reappointments: VOICE VOTE: Motion failed – 4 votes to 2. Regarding the Motion for Approval of confirmation of the reappointments: ROLL CALL VOTE: Ayes: 4 – Trustees Adler, Baar, Moy, Wolin Nays: 2 – Trustees Manzo, Yusuf Abstain: 0 – None Absent: 0 – None Motion carried – 4 votes to 2. B. Interim Financial Update Trustee Adler discussed that a financial update had been prepared regarding First Quarter 2015. Finance Director/Assistant Village Manager Dangles showed a detailed PowerPoint Presentation regarding same, with particular attention to the four major funds: General, Infrastructure, Water and Sports Core. She stated that as of March 31, 2015, the Village had a total of $29.9 million in cash and investments and the General Fund cash reserve balance remains strong at $13.3 million, which is currently $3.2 million above the six month cash reserve requirement. She stated that Village Manager Ginex will be leading a Strategic Planning Session in May for the upcoming 2016 Budget. She announced that Oak Brook residents are invited to enter the “Budget Cover Contest” with an artwork VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF APRIL 28, 2015 submission deadline of August 31, 2015. Discussion ensued regarding a future possible 50% cut in the Local Government Distributive Fund and other cuts/sweeps in grant funds. The “Cash & Investments” slide was reviewed and discussed. C. 25 Year Pension Projection – Presented by Foster & Foster Trustee Adler discussed that Mr. Jason Franken of Foster & Foster had prepared a pension expenditures projection. Mr. Franken stated that they were asked to do a 25-year model for the police and fire pension funds, but that in the process, he discovered the value of extending the period to 35 years. He focused on the police fund and stated that the results of the two funds are very similar and added that as time goes on, the number of actives stays the same, but that retiring Tier I employees are shown as being replaced by Tier II employees. He discussed the 100% funding level required in 2040 and how the contribution level is affected, as well as the effect of investment income. Mr. Franken then explained using the RP2014 mortality table and the impact on contributions. He remarked how the issuance of a $20 million bond would get the funding to over 100% immediately and lower the contribution to $500,00, but stressed that this was not his recommendation. Questions and lengthy discussion ensued. 11. INFORMATION & UPDATES A. VILLAGE MANAGER Village Manager Ginex informed the Board that a number of the staff would be attending the Holland & Knight seminar on May 1st. He also stated that he would be meeting with staff regarding the Strategic Planning Process and then setting up a Saturday in mid-June to go through the process with the Board. In response to an inquiry regarding concern about the membership dues for two commercial residents to the Chamber, Village Manager Ginex replied that there is no fee increase, just that there had been a discount due to a prior partnership with the Village, and now the discounted rate does not apply. B. VILLAGE CLERK Village Clerk Pruss had no comments. C. TRUSTEES Trustee Moy thanked President Lalmalani for the best wishes on his wedding anniversary. Trustee Yusuf remarked on a baseless public safety concern raised during the campaign. D. VILLAGE ATTORNEY Village Attorney Schuster had no comments. E. VILLAGE PRESIDENT There were no comments from staff. 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF APRIL 28, 2015 meetings lawfully closed under this act, (2) collective negotiating matters, (3) security procedures, and (4) litigation matter, pursuant to 2c(21), 2c(2), 2c(8) and 2c(11) of the Illinois Open Meetings Act, respectively. Motion by Trustee Baar, seconded by Trustee Wolin, to adjourn to closed meeting at 8:57 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 12. RECONVENE – The closed meeting was adjourned and reconvened to open meeting at 10:27 p.m. 13. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 10:27 pm. VOICE VOTE: Motion carried. President Lalmalani stated that there would be no closed session. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF APRIL 28, 2015