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Minutes - 11/22/2016 - Board of Trustees (2) VILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 MINUTES OF THE NOVEMBER 22, 2016 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 13, 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 7:04 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, Edward Tiesenga, Asif Yusuf ABSENT: Trustee Mark Moy Michael Manzo (arrived at approximately 7:07 p.m.) IN ATTENDANCE: Village Manager Rick Ginex, Interim Finance Director Jason Paprocki, Village Attorney Stewart Diamond, Development Services Director Bob Kallien, Information Technology Director Jim Fox, Police Chief Jim Kruger, Fire Chief Barry Liss, Public Works Director Doug Patchin, Library Circulation Services Supervisor Jacob Post 3. PRESIDENT’S OPENING COMMENTS President Lalmalani extended sympathy to Bob Kallien on the recent passing of his wife and also to Jim Fox on the recent passing of his mother-in-law. President Lalmalani wished everyone a Happy Thanksgiving and reminded everyone that the next Board meeting would be on December 13th with a public hearing for the 2017 Budget. He then discussed Oakbrook Terrace’s installation of red light cameras at the intersection of Rt. 83 and 22nd Street and the events which have transpired. A. Point B Presentation Rob Grusin provided a PowerPoint presentation regarding the 2017 Marketing Plan for the Hotels of Oak Brook. 4. RESIDENT/VISITOR COMMENTS - None 5. APPROVAL OF MINUTES VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 A. Regular Executive Meeting Minutes of October 11, 2016 Motion by Trustee Yusuf, seconded by Trustee Baar, to approve the Minutes of the Executive Meeting of October 11, 2016. VOICE VOTE: Motion carried. B. Regular Board of Trustees Meeting of October 25, 2016 Motion by Trustee Adler, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of October 25, 2016. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting of November 8, 2016 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of November 8, 2016. 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 November 17, 2016 - $1,008,196.30 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – October 2016 - $8,500.00 (FY16 – YTD - $78,062.51) 2) Rathje Woodward, LLC - Legal Services - October 2016 - $3,333.33 (FY16 – YTD - $36,633.30) 3) Clark, Baird, Smith, LLP – Legal Services – October 2016 - $3,045.00 (FY16 – YTD - $15,409.50) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2016- YTD - $157,698.05 4) DuPage Convention & Visitors Bureau – Co-Op Advertising - $49,780.80 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2016 IS $349,550.00 – TOTAL PAID FOR 2016 – YTD - $292,698.16 5) Paramedic Services of Illinois – Services Rendered – November 2016 - $43,249.48 ... 6) William Architects – Oak Brook Police Department Renovation Project - $32,898.18 7) J.A. Johnson Paving – 2016 Street Improvement Project - $88,823.51 8) DuPage Water Commission – October 2016 - $391,516.80 9) Christopher Burke – 2016 Street Program – Construction Engineering Services - $49,012.75 10) Health Care Service Corporation – HMO Premiums – November 2016 - $29,270.59 . B. Approval of Payroll for Pay Period Ending November 5, 2016 - $801,278.60 VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 C. Community Development Referrals 1) Village of Oak Brook – 1200 Oak Brook Road – Special Use – Village Owned Communication Tower 2) Oakbrook Shopping Center, LLC – Text Amendment D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Bath & Tennis Clubhouse – Clubhouse Carpeting 2) Bath & Tennis Clubhouse – Wading Pool Feature 3) Bath & Tennis Clubhouse – Faux Stone/Brick E. Ordinances & Resolutions 1) ORDINANCE 2016- LC-AL-G-1095, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to Twenty-Nine the Number of Authorized Class A-1 Liquor Licenses (Cilantro Taco Grill Oakbrook) 2) RESOLUTION 2016-IDOT-HWY-CNSTRUCT-R-1598, A Resolution Concerning Construction on State Highways F. Village of Oak Brook – Monthly Financial Report – October 2016 Motion by Trustee Manzo, seconded by Trustee Adler, to approve the Consent Agenda with the exception of Items 6.A.1., 6.D.1., 6.D.2., and 6.D.3., and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Moy Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A.1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – October 2016 - $8,500.00 (FY16 – YTD - $78,062.51) VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 Motion by Trustee Manzo, seconded by Trustee Adler, to approve this significant agenda item. He discussed the decrease in legal expenditures and commended the Board and staff. President Lalmalani thanked the Ad Hoc Legal Committee. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Moy Motion carried. 6.D.1) Bath & Tennis Clubhouse – Clubhouse Carpeting 6.D.2) Bath & Tennis Clubhouse – Wading Pool Feature 6.D.3) Bath & Tennis Clubhouse – Faux Stone/Brick Motion by Trustee Adler, seconded by Trustee Manzo, to defer all three of these significant agenda items. Trustee Adler discussed that these 3 items are capital expenditures contained in the 2017 Budget and that the items should be deferred until the 2017 Budget is adopted. VOICE VOTE: Motion carried 4 to 1. Fernando Morfin, of Cilantro Taco Grill, thanked the Board for the opportunity to open a restaurant in Oak Brook. 8. BOARD & COMMISSION RECOMMENDATIONS A. Roka Akor Oak Brook, LLC – General Growth Properties - 166 Oakbrook Center – Outdoor Dining Adjacent to a Restaurant Motion by Trustee Baar, seconded by Trustee Manzo, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals approving the special use for the outdoor dining area for the Roka Akor restaurant to be located at 166 Oakbrook Center as proposed, 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. 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 for 10 patrons may be provided in the outdoor dining area. VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 b. No sound systems or speakers will be placed in the outdoor dining area. 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.” 6. Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the December 13, 2016 Board of Trustees meeting. Development Services Director Kallien explained the process for this outdoor dining area. Comments were made. Karen Torres, new General Manager for Oakbrook Center, came to the podium and introduced herself. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Moy Motion carried. 9. ACTIVE BUSINESS A. Police and Firefighters’ Pension 2016 Funding (Revised Memo) OPTION 1 – I move that the Village Board approve a one-time additional pension contribution of $662,600 ($219,075 to the Police Pension Fund and $443,525 to the Fire Pension Fund) to be transferred from the Equipment Replacement Fund or OPTION 2 - I move that the Village Board approve a one-time additional pension contribution of $794,816 ($279,740 to the Police Pension Fund and $515,076 to the Fire Pension Fund) to be funded by a transfer from the Equipment Replacement Fund and from the 2016 General Fund Budget or OPTION 3- I move that the Village Board can amend either option presented and choose to make no additional contributions, or a contribution of another amount Motion by Trustee Manzo, seconded by Trustee Adler, to discuss these options. Trustee Manzo clarified the pension issues and discussed funding, expenditures, red light cameras negatively affecting sales tax revenues, and budget cuts to offset the additional pension contributions. Trustee Yusuf discussed Option 3 and suggested contributing an extra $400,000, but not more. Motion by Trustee Yusuf, seconded by Trustee Adler, to approve Option 3 for VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 $400,000, split in the same proportions as in Option 1. Comments were made regarding the pension debt, purchase/lease of fire rescue engine, making the additional contributions at a higher level, personnel cuts. Trustees Tiesenga and Baar expressed opposition to Option 3 in favor of higher funding. Village Attorney Diamond explained the voting process for this item and that a budget amendment is required. Discussion ensued. ROLL CALL VOTE: Ayes: 2 – Trustees Adler, Yusuf Nays: 3 – Trustees Baar, Manzo, Tiesenga Abstain: 0 – None Absent: 1 – Trustee Moy Motion failed. Village Attorney Diamond stated that President Lalmalani does not vote in this instance. REGARDING OPTION 2: Motion by Trustee Tiesenga, seconded by Trustee Baar, that the Village Board approve a one-time additional pension contribution of $794,816 ($279,740 to the Police Pension Fund and $515,076 to the Fire Pension Fund) to be funded by a transfer from the Equipment Replacement Fund and from the 2016 General Fund Budget. In response to an inquiry, Interim Finance Director Paprocki clarified how this additional pension contribution would be funded. ROLL CALL VOTE: Ayes: 2 – Trustees Baar, Tiesenga Nays: 3 – Trustees Adler, Manzo, Yusuf Abstain: 0 – None Absent: 1 – Trustee Moy Motion failed. REGARDING OPTION 1: Motion by Trustee Tiesenga, seconded by Trustee Baar, that the Village Board approve Option 1 at the previously budgeted amount. ROLL CALL VOTE: Ayes: 2 – Trustees Baar, Tiesenga Nays: 3 – Trustees Adler, Manzo, Yusuf Abstain: 0 – None Absent: 1 – Trustee Moy Motion failed. President Lalmalani asked for opinions regarding whether the Village should enter into the previously-approved lease agreement regarding the fire rescue engine. Trustee Adler clarified the situation. Comments were made regarding the relationship of the pension items to the equipment replacement fund and purchase or lease of the fire rescue engine. Discussion ensued regarding the budget process in relation to this matter and last year’s VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 actions with the budget. President Lalmalani stated that he believes there is a majority of a consensus to purchase the fire rescue engine outright instead of leasing. Village Attorney Diamond discussed budget amendments and transfers, and Village Manager Ginex provided some clarification. B. Ordinances & Resolutions 1) RESOLUTION 2016-IT-PG-EQ-R-1599, A Resolution Approving and Authorizing a Lease Agreement and Maintenance Agreement By and Between the Village of Oak Brook and Konica Minolta Business Solutions U.S.A., Inc. for Replacement of Multi Function Print Copy Devices Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Village Board award a 48-month Lease Agreement and a 48-month Maintenance Agreement, to the company with the best overall value, Konica Minolta Business Solutions U.S.A., Inc., Downers Grove, Illinois, in the estimated amount of $105,741.00, subject to annual appropriations, for the replacement of 11 multi-function print copy devices and approve Resolution 2016-IT-PG-EQ-R-1599; additionally, that the Village Board authorize the purchase of the print management software for the 11 multifunction print copy devices in the amount of $12,610.00. Information Technology Director Fox provided a PowerPoint presentation regarding the history and research for new copiers, with a cost analysis. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Moy Motion carried. 10. INFORMATION & UPDATES A. Village Manager Village Manager Ginex wished everyone a Happy Thanksgiving. B. Village Clerk Village Clerk Pruss informed everyone of the upcoming municipal election on April 4, 2017 and that packets are due from December 12th through the 19th. C. Trustees Trustee Tiesenga read excerpts from President Obama’s 2015 Thanksgiving Proclamation. Trustee Manzo wished everyone a Happy Thanksgiving and remarked about the threat of VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 red light cameras. He also discussed the uniqueness of the homes south of 31st Street on York Road and that there should be caution in developing this area. Trustee Baar remarked about the robust meeting discussion and expressed thanks to the Village employees. Trustee Adler wished everyone a Happy Thanksgiving and expressed his thanks. Trustee Yusuf echoed the above sentiments. He also remarked on the red light cameras. D. Village Attorney Village Attorney Diamond discussed that he talked with management of the Oakbrook Shopping Center regarding the red light cameras. President Lalmalani remarked about the red light cameras. E. Village President Information Technology Director Fox thanked the Board and staff for the expressed condolences. Police Chief Kruger discussed that everyone should be mindful of their surroundings during the holidays and to practice crime prevention skills. He remarked about the red light cameras. Public Works Director Patchin wished everyone a Happy Thanksgiving. Library Circulation Services Supervisor Post urged people to come over to the Library and wished everyone a Happy Thanksgiving. Interim Finance Director Paprocki wished everyone a Happy Thanksgiving. President Lalmalani related appreciation from a Hunter Trails’ resident regarding the Fire Department’s actions. Fire Chief Liss urged caution during the holidays and that monitoring would be done by fire prevention. Development Services Director Kallien expressed his appreciation for the all the kindness and sympathy shown he and his family. 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) litigation, when an action against, affecting or on behalf of the particular public body, pursuant to section VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF NOVEMBER 22, 2016 ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk 2(c)(11) of the Illinois Open meetings Act, respectively Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn to closed session at 9:15 p.m. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Moy Motion carried. 12. ADJOURNMENT Motion by Trustee Baar, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 10:56 p.m. VOICE VOTE: Motion carried.