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Minutes - 04/25/2017 - Board of Trustees (2) VILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF APRIL 25, 2017 MINUTES OF THE APRIL 25, 2017 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 9, 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 7:03 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, Asif Yusuf ABSENT: Trustee Edward Tiesenga Trustee Michael Manzo-arrived at approximately 7:04 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, Bath & Tennis Club Manager Chris Thompson, Golf Club Superintendent / Manager Sean Creed 3. PRESIDENT’S OPENING COMMENTS President Lalmalani remarked about the Illinois Chiefs of Police Association conference held at the Village Hall and congratulated Chief Kruger on being elected President of the Association. President Lalmalani also discussed a meeting he and others attended with Illinois Tollway Board Chairman Bob Schillerstom regarding the tollway expansion. Village Manager Ginex added that Mr. Schillerstom will be attending the May 23rd Village Board meeting. Trustee Baar reported on the tollway expansion meeting. Trustee Moy expressed concerns about the higher speed limit. President Lalmalani mentioned the Homeowners Association meeting held last Saturday and recognized Bath & Tennis Club Manager Thompson for the improvements at the Bath & Tennis Clubhouse. He then mentioned the Board meeting on May 9th which will include the swearing in of the newly-elected Trustees. 4. RESIDENT/VISITOR COMMENT – None presented. VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF APRIL 25, 2017 5. APPROVAL OF MINUTES A. Regular Executive Meeting Minutes of February 14, 2017 Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the Minutes of the Executive Meeting of February 14, 2017. Trustee Manzo discussed that a topic is missing from these minutes and Trustee Adler mentioned that other discussion content is missing. President Lalmalani urged them to submit their suggested amendments to the Village Clerk. President Lalmalani deferred these minutes to the next meeting. B. Regular Board of Trustees Meeting Minutes of April 11, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of April 11, 2017. 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 April 20, 2017 - $901,451.06 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – March 2017 - $12,084.70 (FY17 – YTD - $63,134.42) 2) Rathje Woodward, LLC - Legal Services - March 2017 - $3,333.33 (FY17 – YTD - $9,999.99) 3) Clark, Baird, Smith, LLP – Legal Services – March 2017 - $325.00 (FY17 – YTD - $2,063.75) TOTAL LEGAL BUDGET FOR 2016 IS $449,000 - TOTAL LEGAL BILLS PAID FOR 2017- YTD - $90,836.66 4) DuPage Convention and Visitors Bureau - Quarterly Dues – January 2017 through March 2017 - $20,534.22 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2017 IS $344,460.00 – TOTAL PAID FOR 2017 – YTD - $20,534.22 5) DuPage Water Commission – March 2017 - $289,536.00 6) Paramedic Services of Illinois, Inc. – April 2017 - $43,009.00 7) Health Care Services Corporation – PPO Premiums – March 2017 - $224,789.80 B. Approval of Payroll for Pay Period Ending April 8, 2017 - $726,972.28 C. Community Development Referrals VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF APRIL 25, 2017 1) 2022 Spring Road –Special Use – Outdoor Dining Area Adjacent to a Restaurant 2) VOB – Text Amendments – Parking Structure Setbacks D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) Building Department Permit Software E. Ordinances & Resolutions 1) RESOLUTION 2017-LY-R-1637, A Resolution Authorizing and Directing the Oak Brook Public Library to Participate in the Non-Resident Library Card Program from July 1, 2017 to June 30, 2018 2) RESOLUTION 2017-TELECOM-AG-R-1639, A Resolution Approving and Authorizing the Execution of a Renewal Agreement for Telephone Services 3) ORDINANCE 2017-PP-S-1495, 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 (IT Equipment) 4) RESOLUTION 2017-ELEC-AGG-CMTE-R-1636, A Resolution Amending the Structure of the Village Electric Aggregation and Issues Committee F. Village of Oak Brook – Monthly Financial Report – March 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda with the exception of Items 6.A.1) and 6.C.2) and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Moy, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA 6.A.1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., - Legal Services – March 2017 - $12,084.70 (FY17 – YTD - $63,134.42) Motion by Trustee Adler, seconded by Trustee Manzo, to discuss this significant item. Motion by Trustee Adler, seconded by Trustee Manzo, to defer this payment. VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF APRIL 25, 2017 VOICE VOTE: Motion failed, 3 to 2. Motion by Trustee Baar, seconded by Trustee Moy, to approve this significant item. Trustee Manzo expressed his concerns about legal bills charged by Ancel, Glink after February 7th. Trustee Adler remarked about the total non-retainer legal fees charged by Ancel, Glink. ROLL CALL VOTE: On approval of this item. Ayes: 3 – Trustees Baar, Moy, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 6.C.2) VOB – Text Amendments – Parking Structure Setbacks Motion by Trustee Adler, seconded by Trustee Manzo, to discuss this significant item. Trustee Adler inquired about the background of this agenda item. Development Services Director Kallien explained why this item was on the consent agenda and how the item came about. Other comments were made in opposition to this item being on the agenda, a letter from an attorney representing a business, and concerns of residents. Village Attorney discussed ‘selective enforcement’ and that a government body can put a zoning moratorium on a particular issue. Development Services Director Kallien affirmed that a number of residents have contacted him regarding concerns about parking structures. Motion by Trustee Adler, seconded by Trustee Manzo, to defer this agenda item. VOICE VOTE: Motion failed, 3 to 2. Motion by Trustee Baar, seconded by Trustee Moy, to end the discussion and refer this agenda item to the Plan Commission. VOICE VOTE on ending the discussion: Motion carried, 3 to 2. ROLL CALL VOTE: On Referral Ayes: 3 – Trustees Baar, Moy, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. 25 Robin Hood Ranch – Variation – Location of Accessory Structures Motion by Trustee Moy, seconded by Trustee Manzo, that the Village Board concur with the recommendation from the Zoning Board of Appeals approving the requested variation to Section 13-3-6A-3d.3 of the Zoning Regulations for the property located at 25 Robin Hood Ranch to allow the installation of a total of five (5) trellises, as follows: 1. Four (4) trellises to be located in the rear yard, one (1) trellis to be located in the side yard and installed in substantial conformance with the site plan as modified and approved, subject to the following conditions: VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF APRIL 25, 2017 2. The three (3) proposed twelve-foot (12’) high trellises are to be reduced to a maximum height of ten feet (10’); 3. All trellises are to be located not less than six-inches (6”) from the property line; 4. 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 5. Adoption of an Ordinance necessary to grant the requested Variations, which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the May 9, 2017 Board of Trustees meeting. Development Services Director Kallien provided a PowerPoint presentation explaining the variation request. Trustee Moy added that neighbors and the Homeowners Association President are in favor of the trellises, as amended. Development Services Director Kallien addressed concerns expressed by Trustee Yusuf. ROLL CALL VOTE: Ayes: 5 – Trustees Adler, Baar, Manzo, Moy, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 9. ACTIVE BUSINESS A. Confirmation of Appointments 1) Various Boards, Commissions, and Committees Electric Aggregation and Issues Committee – Reappointment of Trustee Yusuf, Trustee Manzo, Mario Vescovi, Terry O’Malley, Tom Cygan, Steven Young and the Appointment of Trustee-elect Moin Saiyed President Lalmalani provided a background of this Committee. Trustee Yusuf addressed an inquiry regarding the status of electric aggregation. Motion by Trustee Baar, seconded by Trustee Manzo, to confirm these reappointments and new appointment. VOICE VOTE: Motion carried. Plan Commission – Reappointment of Marcia Tropinski and Raj Lal Motion by Trustee Baar, seconded by Trustee Manzo, to confirm these reappointments. VOICE VOTE: Motion carried. B. Ordinances & Resolutions 1) RESOLUTION 2017-IT-INTERNET-AG-R-1638, A Resolution Approving the Waiver VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF APRIL 25, 2017 of Competitive Bidding and Authorizing an Internet Services Agreement with Comcast Cable Communications Management Inc. Motion by Trustee Baar, seconded by Trustee Yusuf, that the Village Board waive bidding and approve an Agreement for Communication Services to create a virtual private network (VPN) link between the Butler Government Center and Fire Station 93 at 725 Enterprise Drive by and between the Village of Oak Brook and Comcast Cable Communications Management, LLC and approve Resolution 2017-IT-INTERNET-AG- R-1638. Trustee Adler inquired why the contract was not in the Board packet and Village Manager Ginex stated that the Board previously stated that they only wanted the contract review sheets included in the packets and not the entire contracts. Information Technology Director Fox provided details about the Comcast Agreement. He stated that this is an extension of an agreement and that the Village had gone out to bid three years ago. VOICE VOTE: Motion carried. C. Reaffirm The Village Red Light Camera - ORDINANCE 2017-TC-REDLIGHT-S-1484 Trustee Manzo discussed this agenda item. Comments were made about reaffirming this Ordinance and opinions possibly being changed. Motion by Trustee Manzo, seconded by Trustee Adler, to reaffirm this Ordinance. VOICE VOTE: Motion carried. D. Reaffirm Moving Forward with Red Light Litigation Against Oakbrook Terrace and Other Named Individuals Motion by Trustee Manzo, seconded by Trustee Adler, to move forward with the Red Light Litigation. Trustee Moy stated that this litigation matter should be discussed in Closed Session and that this agenda item should be tabled. Comments were made and Village Attorney Diamond gave an opinion about the ‘Table’ motion. Motion by Trustee Moy, seconded by Trustee Yusuf, to table this agenda item. ROLL CALL VOTE: On Tabling the Agenda Item. Ayes: 3 – Trustees Baar, Moy, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. E. Public Access Counselor Filing - FOIA Redactions from IDOT Trustee Manzo discussed this agenda item and provided a PowerPoint slide regarding the redactions. Motion by Trustee Manzo, seconded by Trustee Adler, to send this to the Attorney General’s office for review. VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF APRIL 25, 2017 Comments were made. Motion by Trustee Yusuf, seconded by Trustee Moy, to table this agenda item. ROLL CALL VOTE: On Tabling the Agenda Item. Ayes: 3 – Trustees Baar, Moy, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. F. Closed Session Minutes – February 7, 2017 and February 14, 2017 Trustee Manzo stated that this agenda item is to decide who will be representing the Village in the Red Light camera case. Motion by Trustee Manzo, seconded by Trustee Adler, to release these minutes to determine whether the Village Attorney is still representing the Village in the Red Light Camera litigation. Trustee Moy reiterated that discussion of this agenda item should be held in Closed Session. Motion by Trustee Moy, seconded by Trustee Yusuf, to table this agenda item. ROLL CALL VOTE: On Tabling the Agenda Item. Ayes: 3 – Trustees Baar, Moy, Yusuf Nays: 2 – Trustees Adler, Manzo Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 10. INFORMATION & UPDATES A. Village Manager had nothing to report. B. Village Clerk reported that she has received the certification from the Election Commission regarding the election of the new Trustees. C. Trustees Trustee Yusuf congratulated Chief Kruger. Trustee Adler stated that it has been a privilege to represent the people of Oak Brook. Trustee Moy echoed the same sentiments and also congratulated Chief Kruger. Trustee Baar thanked Trustee Adler and Trustee Moy for their service. He congratulated Head Golf Professional Kawucha on receiving a youth golf award, and also Chief Kruger. Trustee Baar mentioned the proceeds received from the Library’s book sale. VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF APRIL 25, 2017 Trustee Manzo congratulated Chief Kruger and stated that it has been a pleasure to serve with Trustee Adler and Trustee Moy. He also commented on Board transparency. D. Village Attorney had nothing to report. E. Village President Information Technology Director Fox urged residents to check out the changes on the website. Police Chief Kruger thanked the Board for all of their support. He remarked about the May 10th meeting regarding the Healing Field for the 911 Memorial. Public Works Director Patchin stated that Spring time restorations have started. Golf Club Superintendent/Manager Creed stated that golf is going as strong as ever, and also recognized Head Golf Professional Kawucha. Bath & Tennis Club Manager Thompson reminded everyone that Early Bird registration ends May 1st. Head Librarian Post thanked the Friends of the Oak Brook Public Library for putting on a great book sale. 11. ADJOURN TO CLOSED SESSION, ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) litigation pending against, affecting, or on behalf of the village, or probable or imminent litigation against or by the Village (3) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body pursuant to 2(c)(21) and 2(c)(11), and 2(c)(1) of the Illinois Open Meetings Act, respectively Motion by Trustee Yusuf, seconded by Trustee Moy, to adjourn to closed session at 8:33 p.m. ROLL CALL VOTE Ayes: 5 – Trustees Adler, Baar, Manzo, Moy, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Tiesenga Motion carried. 12. RECONVENE The open meeting was reconvened at 9:25 p.m. VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF APRIL 25, 2017 ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk 13. ADJOURNMENT Motion by Trustee Moy, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 9:25 p.m. VOICE VOTE: Motion carried.