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Minutes - 12/08/2015 - Board of Trustees VILLAGE OF OAK BROOK MINUTES Page 1 of 11 REGULAR MEETING OF DECEMBER 8, 2015 MINUTES OF THE DECEMBER 8, 2015 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 12, 2016 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 7:02 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, John Baar, Michael Manzo, Mark Moy, Edward Tiesenga, Asif Yusuf ABSENT: IN ATTENDANCE: Village Manager Rick Ginex; Village Attorney Ben Schuster; Finance Director/Assistant Village Manager Sharon Dangles; Community Development Director Bob Kallien; Information Technology Director Jim Fox; Deputy Police Chief Jason Cates; Fire Chief Barry Liss; Interim Public Works Director Doug Patchin, Library Director Sue Madorin, Sports Core Director Trey Van Dyke 3. PUBLIC HEARING – PROPOSED 2016 BUDGET President Lalmalani opened the Public Hearing for the 2016 Budget. Finance Director/Assistant Village Manager Dangles provided a slide presentation regarding the overall budget. Resident Terry O’Malley expressed concerns about the water rates/study. Resident Tim Mlsna discussed the pension funding in the budget. 4. CLOSE OF PUBLIC HEARING Motion by Trustee Baar, seconded by Trustee Manzo, to close the Public Hearing at 7:11 p.m. VOICE VOTE: Motion carried. 5. PRESIDENT’S OPENING COMMENTS President Lalmalani extended his condolences to Trustee Yusuf on the recent death of his aunt, Rukiya Dada, and also to the family of former Police Chief Albert Ceren who passed away on December 5th. He then mentioned that there will not be a second Village Board meeting this month due to the Christmas Holiday and that the next Village Board meeting VILLAGE OF OAK BROOK MINUTES Page 2 of 11 REGULAR MEETING OF DECEMBER 8, 2015 will be January 12, 2016. He wished everyone a happy and healthy Hanukkah and a Merry Christmas and a prosperous new year. 6. RESIDENT/VISITOR COMMENTS Resident Ralph Maxson expressed appreciation for the golf course and Trey Van Dyke and his staff, and urged that it be kept in the same condition. 7. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 17, 2015 Motion by Trustee Manzo, seconded by Trustee Yusuf, to approve the Minutes of the Special Executive Board of Trustees Meeting of November 17, 2015. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 24, 2015 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Board of Trustees Meeting of November 24, 2015. VOICE VOTE: Motion carried. 8. 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 December 3, 2015- $403,672.97 Significant Items included in Above: 1) Holland & Knight LLP – Legal Services – November 2015 (Retainer and Non- Retainer) - $7,981.00 & December 2015 (Retainer Only) - $7,500 (FY15 – YTD - $148,031.96) 2) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – November 2015 - $11,131.00 (FY15 – YTD - $63,541.07) TOTAL LEGAL BILLS PAID FOR 2015 - YTD - $272,598.53 3) Christopher B. Burke Engineering, LTD – St. Paschal/35th Project TCM Construction Engineering Services – Payout #2 - $45,393.28 4) Trane – VH – HVAC System Upgrade - $78,930.00 B. Approval of Payroll for Pay Period Ending November 21, 2015 - $744,405.30 C. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Landscape Services VILLAGE OF OAK BROOK MINUTES Page 3 of 11 REGULAR MEETING OF DECEMBER 8, 2015 D. Budget Adjustments 1) Financial Services – Transfer from General Management - Transfer to Finance Reporting 2) Police – Transfer from Police Field Services - Transfer to Support Services General & Support Services Detectives 3) Legislative & General Management – Transfer from Administration - Transfer to Board of Trustees 4) Sports Core – Transfer from Various Programs in Sports Core – To Other Various Sports Core Programs E. Ordinances & Resolutions 1) RESOLUTION 2015-TASTE-AG-R-1515, A Resolution Approving and Authorizing an Amendment to the Contract By and Between the Village and Ravenswood Event Services for the 2016 Taste of Oak Brook 2) RESOLUTION 2015-ICMA-CNTRCT-R-1516, A Resolution Approving and Authorizing an Amendment to the Contract Between the Village and ICMA-RC to Provide Additional Village Employees an RHS Account Plan Option 3) RESOLUTION 2015-IT-INTERNET-ACCESS-AG-R-1517, A Resolution Approving an Access Agreement with Comcast Cable Communications Management, LLC F. Scavenger Licenses G. Year End Bill Payment Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 9. ITEMS REMOVED FROM THE CONSENT AGENDA VILLAGE OF OAK BROOK MINUTES Page 4 of 11 REGULAR MEETING OF DECEMBER 8, 2015 6.C.1) Authorization to Seek Bids or Proposals or Negotiate Contracts – Landscape Services Trustee Adler questioned whether there could be an agreement with the Park District. Interim Public Works Director Patchin stated that the Park District uses contractors and explained the history of the Village’s landscaping services. Motion by Trustee Adler, seconded by Trustee Baar, to approve this item. Trustee Baar emphasized maintaining the planters around the Village. Interim Public Works Director Patchin stated that they are rectifying maintenance issues. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 10. UNFINISHED BUSINESS A. Ordinances & Resolutions 1) RESOLUTION 2015-ENG-ELEC-BGC-AG-R-1518, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Kluber, Inc. for Engineering Services Related to Emergency Power and Electric Upgrades for the Butler Government Center Motion by Trustee Baar, seconded by Trustee Manzo, to approve and authorize a Professional Services Agreement By and Between the Village of Oak Brook and Kluber, Inc. for Engineering Services Related to Emergency Power and Electric Upgrades for the Butler Government Center. Trustee Tiesenga expressed concerns about this item and its relation to the Police Department remodeling project. Motion by Trustee Tiesenga, seconded by Trustee Adler, to defer this item. Village Manager Ginex clarified that this project can go forward in its own setting. Comments were made regarding this project being previously deferred for two years, and potential liability of delaying the project. Interim Public Works Director Patchin discussed the power feed issue. VOICE VOTE ON THE DEFERRAL MOTION: Motion failed, 5 to 1. Interim Public Works Director Patchin discussed the history with Kluber and clarified the proposed budgeting for the design (2016) and the project (2017). Trustee Tiesenga discussed his proposed amendment to the proposed budget in regard to this item. Finance Director/Assistant Village Manager Dangles clarified the budgeting for this design project and the Police Department remodeling project. Comments were made. Trustee Adler requested that the matter be tabled and Village Attorney Schuster clarified that a deferral motion had already been made and voted on and also explained the bidding process for VILLAGE OF OAK BROOK MINUTES Page 5 of 11 REGULAR MEETING OF DECEMBER 8, 2015 professional service agreements in relation to Kluber. Discussion continued. ROLL CALL VOTE ON THE APPROVAL MOTION: Ayes: 4 – Trustees Baar, Manzo, Moy, Yusuf Nays: 2 – Trustees Adler, Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. 11. ACTIVE BUSINESS A. Ordinances & Resolutions 1) ORDINANCE 2015-BU-EX-S-1447, An Ordinance Adopting the Budget of the Village of Oak Brook for 2016 – (Agenda Item #11.G. was discussed before this item and then the order of the Agenda was followed.) Motion by Trustee Manzo, seconded by Trustee Moy, move that the Village Board adopt Ordinance 2015-BU-EX-S-1447, an Ordinance Adopting the Budget of the Village of Oak Brook for 2016. Trustee Manzo made some comments. Trustee Tiesenga proposed and explained the following amendments to the proposed 2016 Budget: Program Number Program Name Account Number Account Name 2016 Budget Request 2016 Budget Revision Notes 1. 700 711 Fire, Rescue, & EMS Operations Rescue and Fire Service Management 51300 51300 Fire Pension Fire Pension $ 1,574,215 75,785 $ 1,650,000 $ 1,859.340 97,860 $1,957,200 Increase Total Fire Pension Village contributions from $1,650,000 to $1,957,200 in order to achieve 100% funding for the long-term financial health of the Village. Utilizing 6.75% rate of return, 100% funding and 2014 Mortality table. 2. 611 621 631 632 Police Management Police Field Services Support Services General Support Services Detectives 51200 51200 51200 51200 Police Pension Police Pension Police Pension Police Pension 105,615 1,039,915 123,845 230,625 $ 1,500,000 129,878 1,285,792 153,998 285,732 $1,855,400 Increase Total Police Pension Village contributions from $1500,000 to $1,855,400 in order to achieve 100% funding for the long-term financial health of the Village. Utilizing 6.75% rate of return, 100% funding and 2014 Mortality table. 3. 421 Municipal Building Improvements 90400 Municipal Building Improvements 60,000 0 Defer Butler Government Center Electric to Gas Conversion to 2017 4. 342 Equipment Replacement 90200 Equipment Replacement 813,750 100,000 Lease Fire Truck instead of paying cash. Revised amount accounts for annual amount plus interest over 10 years. VILLAGE OF OAK BROOK MINUTES Page 6 of 11 REGULAR MEETING OF DECEMBER 8, 2015 Motion by Trustee Tiesenga, seconded by Trustee Baar, to approve Trustee Tiesenga’s proposed first and second amendments regarding fire and police pensions. (Motion amended from a Motion to approve only the first proposed budget amendment.) Discussion ensued regarding how to vote on the amendments, especially in regard to action already having been taken on the BGC Electric Conversion project, and Village Attorney Schuster explained that votes could be taken separately per Trustee Tiesenga’s motion. Trustee Adler stated that he is also proposing amendments to the 2016 Budget. Opinions were expressed regarding the amendment process, making additional payments to the fire and police pension funds, and union agreements. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Tiesenga, Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried. Trustee Tiesenga stated that since his third amendment has already been discussed, it can be let go. He then discussed his proposed new fire truck budget amendment and costs of the purchase/leasing. Motion by Trustee Tiesenga, seconded by Trustee Moy, to approve Trustee Tiesenga’s proposed budget amendment in regard to the Fire Equipment Replacement Fund. Comments were made and questions asked about the fire truck replacement, maintenance costs of the current fire truck. Chief Liss and Interim Public Works Director Patchin discussed the costs of maintenance of the current vehicles, leasing, and surplus revenue. Finance Director/Assistant Village Manager Dangles stated that the Village has been saving up for the purchase of new fire equipment for the last 20 years. Discussion ensued comparing lease, purchase and a vehicle loan, and also purchase from the reserves’ funds. It was questioned whether this purchase was previously deferred. ROLL CALL VOTE ON BUDGETING FOR THE LEASING OF THE FIRE TRUCK PERTAINING TO TRUSTEE TIESENGA’S AMENDMENT: Ayes: 4 – Trustees Tiesenga, Baar, Moy, President Lalmalani Nays: 3 – Trustees Manzo, Yusuf, Adler Abstain: 0 – None Absent: 0 – None Motion carried. Trustee Adler proposed amendments to the 2016 Budget as follows and discussed each of them: 1. Village Unfunded Pension Liabilities and Go Forward Obligations 2. Pension Expense/General Fund Presentation in 2016 Budget 3. Statement of Desired Plans and Efforts to Review and Reduce the Village's Cost Structure VILLAGE OF OAK BROOK MINUTES Page 7 of 11 REGULAR MEETING OF DECEMBER 8, 2015 4. To Simplify and Streamline Village Accounting Procedures, Eliminate the 3 Internal Service Funds Effective 1/1/16 Motion by Trustee Adler, seconded by Trustee Tiesenga, to approve Trustee Adler’s proposed first amendment. ROLL CALL VOTE: Ayes: 2 – Trustees Adler, Tiesenga Nays: 4 – Trustee Baar, Manzo, Moy, Yusuf Abstain: 0 – None Absent: 0 – None Motion failed. Comments were made regarding Trustee Adler’s proposed second budget amendment, including GASB requirements. Motion by Trustee Adler, seconded by Trustee Tiesenga, to approve Trustee Adler’s proposed second amendment. ROLL CALL VOTE: Ayes: 3 – Trustees Adler, Moy, Tiesenga Nays: 4 – Trustee Baar, Manzo, Yusuf, President Lalmalani Abstain: 0 – None Absent: 0 – None Motion failed. Comments were made regarding Trustee Adler’s proposed third budget amendment, including effect on collective bargaining. Motion by Trustee Adler, seconded by Trustee Manzo, to approve Trustee Adler’s proposed third amendment. ROLL CALL VOTE: Ayes: 2 – Trustees Adler, Manzo Nays: 4 – Trustee Baar, Moy, Tiesenga, Yusuf Abstain: 0 – None Absent: 0 – None Motion failed. Comments were made regarding Trustee Adler’s proposed fourth budget amendment, including less funds. Finance Director/Assistant Village Manager Dangles expressed reasons to eliminate these Funds. Motion by Trustee Adler, seconded by Trustee Manzo, to approve Trustee Adler’s proposed fourth amendment. ROLL CALL VOTE: Ayes: 1 – Trustees Adler Nays: 5 – Trustee Baar, Manzo, Moy, Tiesenga, Yusuf Abstain: 0 – None VILLAGE OF OAK BROOK MINUTES Page 8 of 11 REGULAR MEETING OF DECEMBER 8, 2015 Absent: 0 – None Motion failed. The question was called for on the vote for approval of the 2016 Budget. ROLL CALL VOTE ON THE BUDGET, AS AMENDED BY AMENDMENTS 1, 2 AND 4, PROPOSED BY TRUSTEE TIESENGA: Ayes: 4 – Trustees Baar, Moy, Tiesenga, Yusuf Nays: 2 – Trustee Adler, Manzo Abstain: 0 – None Absent: 0 – None Motion carried. B. Motion to Select the Deductible for 2016 Risk Management Insurance Motion by Trustee Moy, seconded by Trustee Manzo, to authorize the Village Manager to select the $25,000 deductible option for the 2016 calendar year with the Intergovernmental Risk Management Agency (IRMA) and authorize up to $500,000 for risk management for 2016 A question was asked regarding IRMA and Human Resource Generalist Andris came to the podium and explained this agenda item. Comments were made, about costs of claims and IRMA. Human Resource Generalist Andris affirmed that they have looked at other risk insurance pools and discussed reasons for staying with IRMA at this time. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. C. Additional Pension Funding Motion by Trustee Tiesenga, seconded by Trustee Baar, to approve the even-up contribution by year end in the amount of $745,000, to be funded in the amount of $373,000 that has been saved from the HVAC project and from the other items mentioned in the memo, and then taking an additional $372,000 from reserves. Trustee Manzo called for the question. Trustee Baar requested that the presentation be provided and Finance Director/Assistant Village Manager Dangles referred to the Power Point presentation in regarding to the unfunded liability, and a comparison of funding at the 90% and 100% levels. She affirmed that if this item is approved, the monies would be coming out of the 2015 budget and reserves. Opinions were expressed. ROLL CALL VOTE: Ayes: 3 – Trustees Adler, Baar, Tiesenga, VILLAGE OF OAK BROOK MINUTES Page 9 of 11 REGULAR MEETING OF DECEMBER 8, 2015 Nays: 4 – Trustees Manzo, Moy, Yusuf, President Lalmalani Abstain: 0 – None Absent: 0 – None Motion failed. D. 31st & Meyers Road Easement with Flagg Creek Update Trustee Manzo discussed this easement issue, and Village Manager Ginex reported on his investigation of what transpired previously, including sewage backups in the Midwest Club. He affirmed that the Village still owns the property. Comments were made and questions were addressed by Interim Public Works Director Patchin regarding the flooding of the lift stations. Discussion ensued. E. Sports Core Update Trustee Baar discussed this agenda item, including preservation of the Sports Core, costs regarding same, and the Park District’s proposal. Village Manager Ginex provided information regarding management companies. Opinions were expressed regarding the Park District’s proposal. F. Consent Agenda Items Discussion Opinions were expressed about items on the Consent Agenda, the ability to extract items which may desire discussion by a Trustee, and transparency and Board involvement in the process. The process of hiring a new audit firm was brought up. Village Manager Ginex explained that the staff discusses the agenda a week before the Board meeting, the Board receives a copy of the agenda the same day, and may request items to be placed on the Active Agenda. Discussion continued. Finance Director/Assistant Village Manager Dangles remarked that the new auditing firm is very willing to deal with the Board. Trustee Manzo requested that no-bid contracts should not be on the Consent Agenda. G. Overview of Administrative Procedures Related to Performance Review Process – (This agenda item was discussed before Agenda Item #11.A.1).) Trustee Manzo referred to a discussion at a previous Board meeting regarding merit pay and expressed concern about the percentage of ratings. Human Resource Generalist Kate Andris came to the podium and discussed the evaluation/merit process and the changes with the performance review tool. Comments were made about the percentages of excellent ratings. Human Resource Generalist Andris addressed the concerns and stressed that this does not mean that every employee who receives an excellent rating receives a salary increase. 12. INFORMATION & UPDATES A. Village Manager Village Manager Ginex addressed remarks made by Resident-O’Malley about the water report and denied any mis-management in this matter. He also wished everyone a Merry VILLAGE OF OAK BROOK MINUTES Page 10 of 11 REGULAR MEETING OF DECEMBER 8, 2015 Christmas and Happy New Year, and thanked the staff for their hard work. B. Village Clerk Village Clerk Pruss wished everyone a Merry Christmas and Happy New Year. C. Trustees Trustee Tiesenga thanked everyone for their discussions and work on the budget. Trustee Manzo stated that the bids are in for the legal services and a Legal Committee meeting will be held soon. He expressed appreciation for the open and honest debate in the budget process and wished everyone a Merry Christmas and Happy New Year. Trustees Baar, Moy, Adler and Yusuf echoed the holiday sentiments. Trustee Yusuf also addressed the remarks made about the water report issue. D. Village Attorney Village Attorney Schuster wished everyone Happy Holidays. E. Village President Information Technology Director Jim Fox stated that the staff is busy with some year-end projects regarding infrastructure improvements and emergency power in the server room and thanked the Board for their support of same. He also wished everyone Happy Holidays. Sports Core Director Van Dyke talked briefly about the Sports Core management. Community Development Director Kallien discussed that the Rush project would be presented at the Planned Development meeting on December 10th. The remainder of the staff wished everyone Happy Holidays. 13. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees and legal counsel of the public body, and (3) the selection of a person to fill a public office pursuant to sections 2(c)(21), 2(c)(1), and 2(c)(3) of the Illinois Open meetings Act, respectively Motion by Trustee Tiesenga, seconded by Trustee Yusuf, to adjourn to closed session at 10:46 p.m. 14. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Baar, to adjourn the Regular Meeting of the Board of Trustees at 12:10 a.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 11 of 11 REGULAR MEETING OF DECEMBER 8, 2015 ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk