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Minutes - 10/10/2017 - Board of Trustees (3) VILLAGE OF OAK BROOK MINUTES Page 1 of 7 REGULAR MEETING OF OCTOBER 10, 2017 MINUTES OF THE OCTOBER 10, 2017 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 24, 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 7:00 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 John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Trustee Asif Yusuf ABSENT: None IN ATTENDANCE: Village Manager Rick Ginex, Finance Director Jason Paprocki, Village Attorney Greg Jones, Public Works Director Doug Patchin, Information Technology Director Jim Fox, Police Chief Jim Kruger, Battalion Chief Jeff Marciniak, Head Librarian Jacob Post, Bath & Tennis Club Manager Chris Thompson, Development Services Director Tony Budzikowski, Golf Club Superintendent / Manager Sean Creed 3. SWEARING IN OF A POLICE OFFICER Chairman Ed Main of the Board of Fire and Police Commissioners made some introductory remarks and read the Appointment Order. Police Chief Kruger introduced new Police Officer Francisco Adame and his family. Village Clerk Pruss swore in Officer Adame. Police Chief Kruger then recognized Deputy Chief Jason Cates and Commander Jeff Weber for their service to the Village, 25 years and 30 years, respectively. 4. PRESIDENT’S OPENING COMMENTS President Lalmalani welcomed Village Attorney Greg Jones to the meeting. He remarked on the upcoming grand opening of Hyatt House. He talked about the celebration of the Indian new year, Diwali. 5. RESIDENT/VISITOR COMMENT Residents Samuel Girgis, Ed Cladek, Allyn Schaub, Jeff Bulin and Mary Ann Clark spoke about the Wennes Subdivision issue. 6. APPROVAL OF MINUTES A. Regular Executive Meeting Minutes of August 8, 2017 Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve the Minutes of the Executive Meeting of August 8, 2017. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF OCTOBER 10, 2017 B. Special Executive Meeting Minutes of September 12, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Special Executive Meeting Minutes of September 12, 2017. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting Minutes of September 12, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of September 12, 2017. VOICE VOTE: Motion carried. D. Regular Board of Trustees Meeting Minutes of September 26, 2017 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Meeting of September 26, 2017. 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. A. Accounts Payable for Period Ending October 5, 2017 - $481,467.20 Significant Items included in Above: 1) Rathje Woodward, LLC - Legal Services - August 2017 - $3,333.33 (FY17 – YTD - $26,666.64) TOTAL LEGAL BUDGET FOR 2017 IS $293,100 - TOTAL LEGAL BILLS PAID FOR 2017- YTD - $183,076.23 2) Treasurer, State of Illinois - Illinois Department of Transportation – Commerce Drive – September 1, 2017 - $38,267.76 3) Engineering Resource Associates – 22nd St. Beautif. & Lighting PhsIII ResEng - $28,623.33 4) Paramedic Services of Illinois Inc. – Services Rendered – October 2017 - $43,009.00 5) Equipment Management Company – New Squad #93 - $27,071.73 6) Burns & McDonnell – Professional Engineering Services – July 2017 - $21,638.21 7) Burns & McDonnell – Professional Engineering Services – June 2017 - $25,497.00 B. Approval of Payroll for Pay Period Ending September 23, 2017 -$776,805.83 C. Ordinances & Resolutions 1) ORDINANCE 2017-ZO-PUD-EX-S-1510, An Ordinance Approving a Planned Development (Lizzadro Museum of Lapidary Art – 1220 Kensington Road) 2) ORDINANCE 2017-BD-OBHCVC-G-1113, An Ordinance Amending Sections 2-5-2A of the Village Code of the Village of Oak Brook Relating to the Hotel, Convention and Visitors Committee VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF OCTOBER 10, 2017 3) ORDINANCE 2017-PP-S-1511, 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 (Vehicles) 4) ORDINANCE 2017-LC-AL-G-1114, 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 Fourteen the Number of Authorized Class B Liquor Licenses (Hyatt House of Oak Brook) D. Re-Bid Oak Brook Heritage Center Masonry Restoration Project E. 2017 Public Safety Pension Funding Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda and authorize the expenditures, with the exception of Items 7.A.6. and 7.A.7., as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 8. ITEMS REMOVED FROM THE CONSENT AGENDA 7.A.6) Burns & McDonnell – Professional Engineering Services – July 2017 - $21,638.21 7.A.7) Burns & McDonnell – Professional Engineering Services – June 2017 - $25,497.00 Motion by Trustee Manzo, seconded by Trustee Yusuf, to approve Items 7.A.6. and 7.A.7. Trustee Manzo inquired as to whether outsourcing engineering services has resulted in a savings. Finance Director Paprocki agreed to determine same, and Development Services Director Budzikowski stated that he believes a portion of the costs pass through the developer and/or applicant. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 9. UNFINISHED BUSINESS A. Discussion to Reconsider the Action Taken on the September 26, 2017 Board Meeting Regarding the Oak Brook Park District – 1300-1500 Forest Gate Road, Special Use, Revised Master Plan. The Reconsideration will Relate to Ordinance S-1335 [S-1508] and if the Motion to Reconsider passes, the Board May Take Action to Readopt or Modify the Previously-Passed Ordinance VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF OCTOBER 10, 2017 Motion by Trustee Yusuf, seconded by Trustee Cuevas, to reconsider the language from the September 26th meeting contained in Ordinance S-1335 [S-1508]. Trustee Tiesenga raised a point of order stating that the Motion is improper regarding reconsidering a vote which was the subject of a public hearing. He added that the Motion to Reconsider is improper because it is not being done at the same meeting the Ordinance was passed. Village Attorney Jones explained the situation and compared it with the legal case cited by Trustee Tiesenga. Discussion ensued. Trustee Yusuf stated that he believes the indemnification language added to the original Ordinance on September 26th was unreasonable and onerous. Other comments were made in support of/opposition to reconsideration. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Cuevas, Saiyed, Yusuf Nays: 1 – Trustee Manzo Present: 1 – Trustee Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. Motion by Trustee Yusuf, seconded by Trustee Cuevas, that the Ordinance be modified striking the amendment that was added September 26th containing the indemnification language for Forest Gate, S-1335 [S-1508] in its original form. Trustee Yusuf stated reasons for the matter not having to return to the Zoning Board of Appeals for review. Comments were made from the Board regarding the lighting issues. Resident Bill Lindeman spoke about the park district and other issues. Resident Bob Aprati commented about the Park District issues. Attorney Steve Adams, representing the Park District, talked about the Little League actions not being part of the Park District. Park District Board Member Tom Truedson expressed his opposition to the indemnification language. Attorney Adams returned to the podium to clarify the indemnification issue. Comments were made from Board members regarding keeping the lighting requirement of S-1403 intact. Resident Aprati and Attorney Adams returned to the podium and discussed the parties working together. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Cuevas, Saiyed, Yusuf Nays: 1 – Trustee Manzo Present: 1 – Trustee Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. Motion by Trustee Cuevas, seconded by Trustee Yusuf, to require the Park District to report back to the Village Board in no later than two weeks and to direct the Village Attorney to work with Forest Gate and the Park District to insure that the language is acceptable to all parties. VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF OCTOBER 10, 2017 ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Saiyed, Tiesenga, Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried. Motion by Trustee Cuevas, seconded by Trustee Yusuf, to adopt Ordinance S-1508 as amended by the previous Motion made above. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Cuevas, Saiyed, Yusuf Nays: 1 – Trustee Manzo Present: 1 – Trustee Tiesenga Abstain: 0 – None Absent: 0 – None Motion carried. 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Hotel, Convention & Visitors Committee (Walt Hajduk – DoubleTree and Nicole Patterson – Hyatt House) Motion by Trustee Baar, seconded by Trustee Cuevas, to approve the appointment of Walt Hajduk, General Manager of DoubleTree, and Nicole Patterson, General Manager of the Hyatt House, to the Oak Brook Hotel Convention and Visitors Committee for terms to expire in February next year. VOICE VOTE: Motion carried. B. Ordinances & Resolutions 1) RESOLUTION 2017-CNTRCT-FD-IAFF-EX-R-1670, A Resolution Approving an Agreement By and Between the Village of Oak Brook and the International Associated of Firefighters, Local #4646 Motion by Trustee Baar, seconded by Trustee Cuevas, to Approve Resolution 2017- CNTRCT-FD-IAFF-EX-R-1670, A Resolution Approving an Agreement By and Between the Village of Oak Brook and the International Association of Fire Fighters, Local #4646. Village Manager Ginex provided a brief synopsis of the Agreement and listed information regarding wage, term, insurance and promotional testing changes. Trustee Manzo expressed concern over the Agreement. ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Saiyed, Tiesenga, Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF OCTOBER 10, 2017 2) RESOLUTION 2017-FD-WRNTY-AG-R-1668, A Resolution Approving and Authorizing a Warranty Agreement By and Between the Village of Oak Brook and Pierce Manufacturing, Inc. for Fire Rescue Engine Motion by Trustee Baar, seconded by Trustee Cuevas, that the Village Board approve Resolution R-1668 and purchase an extended warranty, a seven (7) year bumper-to- bumper warranty from Pierce Manufacturing for new Fire Unit Squad 93, a 2018 Pierce Enforcer Rescue Engine. Questions were addressed by Public Works Director Patchin regarding maintenance expenses, and discussion ensued regarding what is not covered under the warranty agreement. ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Yusuf Motion carried. 11. INFORMATION & UPDATES A. Village Manager Village Manager Ginex remarked about the upcoming Employee Recognition Dinner. B. Village Clerk Village Clerk Pruss had nothing to report. C. Trustees Trustee Saiyed mentioned the tragedy in Las Vegas. Trustee Baar urged finishing the zoning ordinance project, incorporating the lighting ordinance into the building code, and the comprehensive plan. Trustee Manzo expressed dissatisfaction about limiting discussion at the Board meetings. He also mentioned that discussion about the sale of property should take place in open session. He thanked Mary Ann Clark for her comments. Trustee Tiesenga thanked the Board for the opportunity to work together and thanked the Forest Gate residents who came to speak. Trustee Yusuf urged caution while out after dark. D. Village Attorney Jones had nothing to report. E. Village President President Lalmalani remarked about the email he sent regarding keeping discussions short. VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF OCTOBER 10, 2017 ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk Information Technology Director Fox talked about the monopole communication tower and four carriers, which will improve cell communication in the Village. Public Works Director Patchin stated that leaf collection has started and the schedule is on the website. He stated that leaves should not be on the pavement, but behind the curb, and that sticks should not be in the leaf piles. Golf Club Superintendent / Manager Creed discussed the good turn-out at the golf course and the last tournament of year. Head Librarian Post mentioned that the Friends of the Library are having the Fall Evergreen Concert. Battalion Chief Marciniak thanked the Board for their support regarding the equipment items and mentioned that this week is Fire Prevention Week. He recognized Firefighters Nyhanna and Micek for ten years of service and Battalion Chief Clark and himself for 25 years of service. He added that they are anticipating the arrival of the new rescue engine. Development Services Director Budzikowski discussed the zoning ordinance and the comprehensive plan. ADJOURN TO CLOSED SESSION, For the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) probable or imminent litigation against or by the Village, and (3) the setting of a price for sale or lease of property owned by the public body, pursuant to 2(c)21 2(c)11, and 2(c)6 of the Illinois Open Meetings Act, respectively Motion by Trustee Saiyed, seconded by Trustee Yusuf, to adjourn to closed session at 9:08 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 13. ADJOURNMENT Motion by Trustee Saiyed, seconded by Trustee Cuevas, to adjourn the Regular Meeting of the Board of Trustees at 9:50 p.m. VOICE VOTE: Motion carried.