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Minutes - 01/24/2017 - Board of Trustees VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF JANUARY 24, 2017 MINUTES OF THE JANUARY 24, 2017 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 14, 2017 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, Mark Moy, Edward Tiesenga, Asif Yusuf ABSENT: Trustee Michael Manzo (arrived at approximately 7:03 p.m.) IN ATTENDANCE: Village Manager Rick Ginex, 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, Head Librarian Jacob Post, Swim & Tennis Club Manager Chris Thompson, Golf Club Superintendent/Manager Sean Creed, Attorney Frank Avila 3. PRESIDENT’S OPENING COMMENTS President Lalmalani announced that the Board would be going into closed session after Agenda Item #3.A. He also stated that Agenda Item #8.B. would be discussed prior to Agenda Item #8.A. President Lalmalani mentioned the passing of Evelyn Carson, the mother of former Trustee Jim Carson. A. Officer and Civilian Employee of the Year Awards Police Chief Kruger discussed the requirements for these awards and asked Detective Katie Yager and Community Service Officer Ashley Vinson to come forward to receive Officer and Civilian Employee of the Year Awards, respectively. 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 2(c)(11) of the Illinois Open Meetings Act, respectively Motion by Trustee Baar, seconded by Trustee Yusuf, to adjourn to closed session at 7:09 p.m. VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF JANUARY 24, 2017 ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. RECONVENE The open meeting was reconvened at 8:06 p.m. B. Discussion of the Lawsuit Against Oakbrook Terrace and the Illinois Department of Transportation Regarding the Red Light Cameras President Lalmalani provided an overview of this matter and stated that a lawsuit would be filed tomorrow. He also remarked on legislation being filed regarding red light cameras. Village Attorney Diamond and Attorney Frank Avila made some remarks regarding the litigation and that red light cameras are not about safety, but revenue. Board members expressed their support of this litigation. RESIDENT/VISITOR COMMENT Shehnaz Sait spoke regarding the ongoing retention pond/berm issues at her property. Development Services Director Kallien stated that he and the staff engineer will follow up on this matter. 5. APPROVAL OF MINUTES A. Special Executive Meeting Minutes of December 5, 2016 Motion by Trustee Baar, seconded by Trustee Adler, to approve the Minutes of the Special Executive Meeting of December 5, 2016. VOICE VOTE: Motion carried. B. Regular Executive Meeting Minutes of December 13, 2016 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Executive Meeting of December 13, 2016. VOICE VOTE: Motion carried. C. Special Executive Meeting Minutes of January 3, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Special Executive Meeting of January 3, 2017. VOICE VOTE: Motion carried. D. Regular Board of Trustees Meeting of January 10, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of January 10, 2017. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF JANUARY 24, 2017 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 January 19, 2017 - $1,911,148.94 Significant Items included in Above: 1) John Fogarty, Jr. – Lobbying Services – December 2016 - $5,000.00 (FY16– YTD - $5,000.00) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2016- YTD - $220,781.21 2) DuPage Convention & Visitors Bureau – 25% of 1% - 4th Quarter Invoice – October 2016 through December 2016 -$27,394.16 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2016 IS $349,550.00 – TOTAL PAID FOR 2016 – YTD - $320,527.32 3) Treasurer, State of Illinois – 22nd Street - $103,093.52 4) St. Paul Fire and Marine Insurance Co. – TIF Note - $110,145.00 5) Mary Riordan – TIF Note - $44,060.00 6) IRMA – Contributions for 2017 - $673,609.00 7) BCBS – HMO Premiums for January 2017 - $27,676.57 8) Happ Builders, Inc. – BGC Restroom - $31,986.00 9) IRMA – Deductible for June, July, and December 2016 - $45,068.83 10) Burns & McDonnell – Stormwater Management Plan Review - $23,737.25 11) 1311, LLC – TIF Note - $44,060.00 B. Approval of Payroll for Pay Period Ending January 14, 2017- $807,762.78 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Golf Course Commodities 2) Authorization to Bid - Traffic Control and Street Lighting System Maintenance 3) Authorization to Bid - Tree Maintenance Services 4) Public Works Request for Proposals System-wide Water Meter Replacement, Including the Radio Read System Water Main Break Excavation and Repair Street Sweeping Service for all Village Commercial and Residential Streets VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF JANUARY 24, 2017 Village Storm Water Drainage Ditching and Gradall Excavation Services Storm Sewer Cleaning and Jetting Services Village Properties and Right-of-Way Fertilization D. Ordinances & Resolutions 1) ORDINANCE 2017-ZO-TA-G-1096, An Ordinance Approving a Text Amendment to Section 13-11-12.C of the Zoning Ordinance of the Village of Oak Brook 2) RESOLUTION 2017-SC-AG-EX-R-1609, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Eclipse Select Soccer Club, Inc. to Allow the Use of a Sports Core Soccer Field 3) RESOLUTION 2017-SC-AG-EX-R-1610, 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 4) ORDINANCE 2017-PP-S-1485, 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 (File Cabinets and IT Equipment) 5) RESOLUTION 2017-PW-WA-METR-R-1611, A Resolution Approving the Purchase of Water Meter Transmission Units From Aclara Technologies E. Underground Facilities Location and Marking of Village Owned Utilities F. Village of Oak Brook – Monthly Financial Report – December 2016 G. 2017 Independence Day Fireworks Display Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda with the exception of Items 6.A.6) and 6.E. and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF JANUARY 24, 2017 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A.6) IRMA – Contributions for 2017 - $673,609.00 Motion by Trustee Manzo, seconded by Trustee Adler, to authorize this significant item. Trustee Manzo spoke about a previous issue with IRMA. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 6.E. Underground Facilities Location and Marking of Village Owned Utilities Motion by Trustee Adler, seconded by Trustee Manzo, to approve this agenda item. Public Works Director Patchin explained the background and reasons for contracting with this vendor. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Moy, Tiesenga Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Yusuf Motion carried. 8. UNFINISHED BUSINESS A. RESOLUTION 2017-BGC-ELEC -R-1613, A Resolution Approving and Authorizing the Award and Execution of a Contract for the Butler Government Center Electrical Systems Upgrade Project By and Between the Village of Oak Brook and Airport Electric Company This agenda item was discussed after Agenda Item #8.B. Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Village Board award a contract to the lowest responsive and responsible bidder, Airport Electric Company, Chicago, Illinois, for the Butler Government Center Electrical Systems Upgrade Project in the amount of $426,678.00, and, additionally, that the Village Board approves Resolution R-1613. Trustee Tiesenga and Public Works Director Patchin discussed the issues with the electrical system. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF JANUARY 24, 2017 Absent: 0 – None Motion carried. B. ORDINANCE 2017-BU-AMEND-S-1486, An Ordinance Authorizing an Amendment to the 2017 Budget This agenda item was discussed before Agenda Item #8.A. Motion by Trustee Manzo, seconded by Trustee Adler, to approve Ordinance 2017- BU-AMEND-S-1486, An Ordinance Authorizing an Amendment to the 2017 Budget. Finance Director Paprocki explained that this Ordinance is regarding the Electrical Systems Upgrade Project and that the majority of the funds would be coming from 2016 revenues. Public Works Director Patchin explained the purpose of the Project, taking the Public Works’ building off the Butler Government Center system. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, President Lalmalani Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Yusuf Motion carried. 9. ACTIVE BUSINESS A. Ordinances & Resolutions 1) ORDINANCE 2017-SC-EX-G-1097, An Ordinance Amending Chapter 2 of Title 12, Entitled, “Recreational Facilities” of the Village Code of the Village of Oak Brook, Illinois Motion by Trustee Baar, seconded by Trustee Manzo, for passage of Ordinance 2017- SC-EX-G-1097, “An Ordinance Amending Chapter 2, Entitled “Oak Brook Golf Club”, The Village Code Of The Village Of Oak Brook, Illinois. Golf Club Superintendent/Manager Creed discussed historical aspects of the golf club. Trustee Adler remarked about the golf club memberships, operations and paper statements. Motion by Trustee Adler, seconded by Trustee Manzo, to defer this Ordinance. Comments were made by Board members and Golf Club Superintendent/Manager Creed. ROLL CALL VOTE: On the Deferral Motion Ayes: 2 – Trustees Adler, Manzo Nays: 4 – Trustees Baar, Moy, Tiesenga, Yusuf Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF JANUARY 24, 2017 ROLL CALL VOTE: On the Approval Motion Ayes: 4 – Trustees Baar, Moy, Tiesenga, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 0 – None Motion carried. 2) RESOLUTION 2017-SC-GOLF-PG-R-1614, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of Golf Merchandise for Resale Motion by Trustee Baar, seconded by Trustee Manzo, for passage of Resolution 2017- SC-Golf-PG-R 1614 that the Village Board waive bidding, and authorize staff to issue purchase orders not to exceed $158,000.00 for the purchase of golf merchandise for resale. Golf Club Superintendent/Manager Creed discussed this item. ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 1 – Trustee Adler Abstain: 0 – None Absent: 0 – None Motion carried. 3) ORDINANCE 2017-LC-AL-G-1098, An Ordinance Permitting Happy Hour Within the Village of Oak Brook Village Manager Ginex and Police Chief Kruger explained that this Ordinance updates the Village Code to parallel the State statute. Comments were made by Board members. Motion by Trustee Baar, seconded by Trustee Moy, that the Village Board approve Ordinance 2017-LC-AL-G-1098 amending Title 4, Chapter 1, Section B. Limitations on the Sale and Promotion of Alcoholic Liquor on Licensed Premises to allow for Happy Hour provisions as amended in Public Act 99-0046 by the Illinois General Assembly. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Tiesenga, Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried. 4) RESOLUTION 2017-PW-MSQTO-ABATE-AG-R-1612, A Resolution Approving the Waiver of Competitive Bidding and Authorizing a Contract Extension By and Between the Village of Oak Brook and Clarke Environmental Mosquito Management, Inc. to Provide Mosquito Abatement Services VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF JANUARY 24, 2017 Motion by Trustee Tiesenga, seconded by Trustee Manzo, that the Village Board waive bidding and approve a contract extension to Clarke Environmental Mosquito Management, Inc., Roselle, Illinois, in the amount of $212,716.50 ($70,905.50 for 2017, $70,905.50 for 2018 and $70,905.50 for 2019) for mosquito abatement services, and approve Resolution 1612. Comments were made. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. B. Non-Resident Water Discussion and Direction Motion by Trustee Tiesenga that the Village Board open a discussion and give staff direction on selling non-resident portions of the village water system which extend outside the village corporate limits. (No second was necessary since this was an item for discussion only.) Public Works Director Patchin provided a slide presentation regarding water service areas outside the corporate limits, costs of same, and whether to sell off certain areas. Comments were made and questions were addressed by Public Works Director Patchin. Village Attorney Diamond provided an opinion regarding whether this matter can be discussed in closed session. Direction given to staff to look into this matter further. C. Reforestation Discussion and Direction Motion by Trustee Adler, seconded by Trustee Baar, to discuss this item. Trustee Adler discussed dead trees on property under the jurisdiction of the County. Public Works Director Patchin explained the process of removing dead trees in the Village. Board members made comments. D. Business Registration or Licensing Program Discussion Motion by Trustee Adler, seconded by Trustee Manzo, to discuss this item. Trustee Adler mentioned historical discussions on this and Village Manager Ginex discussed his research in this matter. Development Services Director Kallien spoke in support of a business registration/licensing program to utilize the information gathered. Comments were made and questions were addressed by Development Services Director Kallien, Village Manager Ginex, and Fire Chief Liss. Village Attorney Diamond cautioned regarding the limitations of a non-home rule community. Board members made comments and discussion ensued. 10. INFORMATION & UPDATES VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF JANUARY 24, 2017 A. Village Manager Village Manager Ginex had nothing to report. B. Village Clerk Village Clerk Pruss had nothing to report. C. Trustees Trustee Manzo remarked that the Board took a stand for Illinois taxpayers. Trustee Adler discussed a prospective catering contract for the Swim & Tennis Club and that a Request for Proposal should be conducted and the process should be transparent to the Board. Swim & Tennis Club Manager Thompson addressed these comments and affirmed that discussions occurred at the Sports Core Committee-of-the-Whole meetings in 2016, and discussed the prospective caterer and that they handle about 60% of the business at the Club. He affirmed that what the caterer has been doing in the past is essentially the same as what they will be doing under the contract. Trustee Adler mentioned a card he received from the Oak Brook Polo Club and Village Manager Ginex addressed Trustee Adler’s concerns. Trustee Yusuf remarked about the Village’s finances. D. Village Attorney Village Attorney Diamond thanked the Board members for their input on the red light camera legislation. E. Village President Police Chief Kruger thanked the Board for the opportunity to recognize his employees. 11. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act and (2) litigation, when an action against, affecting or on behalf of the particular public body pursuant to 2(c)(21) and 2(c)(11) of the Illinois Open Meetings Act, respectively Motion by Trustee Baar, seconded by Trustee Tiesenga, to adjourn to closed session at 11:10 p.m. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Manzo Motion carried. VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF JANUARY 24, 2017 ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk 12. RECONVENE The open meeting was reconvened at 12:03 a.m. A. Approval of Payment - Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – December 2016 - $22,815.00 (FY16 – YTD - $126,165.01) Motion by Trustee Adler, seconded by Trustee Tiesenga, to approve the Ancel, Glink bill. ROLL CALL VOTE: Ayes: 6 – Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 13. ADJOURNMENT Motion by Trustee Adler, seconded by Trustee Manzo, to adjourn the Regular Meeting of the Board of Trustees at 12:04 a.m. VOICE VOTE: Motion carried.