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Minutes - 07/09/2013 - Board of TrusteesMINUTES OF THE JULY 9, 2013 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 23, 2013 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 p.m. 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, Michael Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: Trustee John Baar IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Sharon Dangles, Finance Director; Tom McEllin, Fire Chief; Sue Madorin, Library Director; James Kruger, Police Chief; Mike Hullihan, Public Works Director; and Benjamin Schuster, Village Attorney. PUBLIC HEARING — RENEWAL OF CABLE TELEVISION FRANCHISE AGREEMENT A notice was published in the Daily Herald on June 29t1 in regards to this hearing. The proposed franchise agreement has been in negotiation between the Village and Comcast and addresses a variety of issues, including, without limitation, the use of public rights -of- way, the payment of franchise fees, programming services, customer service requirements, and public, educational and governmental access. This hearing provides the public with an opportunity to comment before the agreement is presented for final action by the Board of Trustees. A copy of the proposed cable television franchise agreement has been and is available for inspection at the front counter of the Butler Government Center, which proposed agreement is subject to further revision. The Board of Trustees will hear public comments on the proposed cable television franchise agreement from all persons interested in being heard. After the close of the hearing, the Board of Trustees will direct such further activities as may be appropriate, and will consider final action on the agreement at the July 9, 2013 Board meeting and is listed on the agenda for approval. A Representative from Comeast briefly discussed the Comcast Franchise Agreement VILLAGE OF OAK BROOK MINUTES Page 1 of 12 REGULAR MEETING OF JULY 9, 2013 Motion by Trustee Manzo, seconded by Trustee Wolin to closed the public hearing. VOICE VOTE: Motion carried. 4. PRESIDENT'S OPEN COMMENTS President Lalmalani asked for a moment of silence for the father of Peter Friedman, Village Attorney and the father of Trey VanDyke, Sports Core Director and Keith VanDyke, Public Works Maintenance Worker. President Lalmalani mentioned the robbery incident that took place at the Oakbrook Center Mall in the C.D. Peacock Jewelry Store and thanked Chief Kruger and the Oak Brook Police Department for their hard work, dedication and perseverance. President Lalmalani congratulated Assistant Village Manager Blaine Wing on receiving the ILCMA Special Service Award for service to the Illinois City /County Management Association. President Lalmalani thanked all of our sponsors, especially McDonalds Corporation, for supporting the Village, Trustee Manzo, Village staff and Ravenswood Event Services for all their hard work put in to making the annual Taste of Oak Brook a big success. Finally, President Lalmalani mentioned the upcoming Polo event on Friday, July 19s' at 3:30 PM. A. PROCLAMATION — NATIONAL NIGHT OUT The Proclamation was read by Clerk Pruss. B. PROCLAMATION — ATHLETE OF THE YEAR — JOHN SCHUBERT The Proclamation was read by Clerk Pruss. 5. RESIDENTNISITOR COMMENT Resident Jim Hannan stated that the sound wall will be a great enhancement to the Village. Resident Tony Cassachio stated that his hope is that the Village supports the sound wall initiative. Other residents who signed up to speak will do so during the agenda item. 6. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF JUNE 11, 2013 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Meeting of June 11, 2013. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF JULY 9, 2013 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: 1) June 21, 2013 - $527,397.80 2) June 28, 2013 - $504,473.60 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. — Legal Services May, 2013 — $ 20,067.52 (FYI 3 — YTD - $28,681.47) 2) Hervas, Condon & Bersani, P.C. - Legal Services — April and May, 2013 - $261.00 (FYI 3 — YTD - $3,151.52) 3) Holland & Knight, LLP — Legal Services - May, 2013, - $17,462.27 (FYI 3 — YTD - $71,634.37) TOTAL LEGAL BILLS PAID FOR 2013 - $114,965.82 4) DuPage Water Commission — May 31, 2013 - $339,565.54 B. Approval of Payroll for Pay Period Ending: 1) June 8, 2013 - $724,811.03 2) June 22, 2013 - $697,338.60 C. Community Development Referrals 1) Chipotle Mexican Grill — 2103 Clearwater Drive — Special Use — Outdoor Dining 2) Village of Oak Brook — Sign Regulations — Text Amendment D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) 2013 Crack Sealing Project E. Budget Adjustments —NONE F. Ordinances & Resolutions 1) ORDINANCE 2013- LC -AL -G -1005, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses 2) ORDINANCE 2013- LC -AL -G -1006, An Ordinance Amending Title 4, Chapter 1, VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF JULY 9, 2013 Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses 3) RESOLUTION 2013- SR- FP -EX -R -1276, A Resolution Approving an Amended Final Plat Title for the Templeton Woods Subdivision to Templeton Oaks Subdivision in the Village of Oak Brook, Illinois 60523 4) ORDINANCE 2013 -WA- WELL -S -1375, Limited Area Groundwater Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by any Other Method in a Designated Area of the Village of Oak Brook, Illinois 5) ORDINANCE 2013 -WA- WELL - REPEAL -G -1007, An Ordinance Repealing Subsection D of Section 5 (Prohibited Acts Or Conditions) of Chapter 2 (Village Water System) of Title 8 (Public Works) of the Village Code 6) RESOLUTION 2013 -BD -CL -MIN-R -1281, A Resolution for the Approval and Release of Closed Meeting Minutes G. Rescheduling of the August 13a' Regular Board of Trustees Meeting H. Monthly Treasurer's Report — May 31, 2013 I. Dana Park — Resubdivision — Third Extension of Completion Motion by Trustee Adler, seconded by Trustee Moy to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried 8. ITEMS REMOVED FROM THE CONSENT AGENDA Item 7. A.1. Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. Trustee Adler requested insight on a charge on the invoice regarding an employee grievance. Manage Niemeyer suggested that this be discussed in executive session. Motion by Trustee Adler, seconded by Trustee Manzo to approve item 7.A.1. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 —None VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF JULY 9, 2013 Absent: 1 —Trustee Barr Motion carried 9. BOARD & COMMISSION RECOMMENDATIONS A. Polo Lane Resubdivision — Vacant Land Located South of 3324 Roslyn Road — Preliminary and Final Plat Discussion was had regarding the Polo Lane Resubdivision and the issues with drainage in the area. Motion by Trustee Wolin, seconded by Trustee Adler to concur with the recommendation from the Plan Commission to approve the requested preliminary and final plat of subdivision to divide the 2.5 acre parcel of vacant land located south of 3324 Roslyn Road into four (4) lots subject to the following conditions: 1. That the preliminary and final plat for the Polo Lane Resubdivision meet final engineering approval; and 2. Adoption of the resolution necessary to grant the requested preliminary and final plat of subdivision, which resolution the Village Attorney shall by this motion be directed to prepare for consideration at the July 23, 2013 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried 10. UNFINISHED BUSINESS A. Hotel Tax/Internet Travel Companies Litigation — PRESENTATION ONLY Trustee Adler summarized litigation in other communities and other potential options available regarding hotel tax\internet travel companies. He also asked if an audit was conducted. Attorney Dominick Lanzito stated all the discussed cases stemmed from Illinois law and were brought to the Federal Court due to the diversity in jurisdiction. He also stated that asking the internet travel companies for an audit would be fruitless without a lawsuit. After discussing options available to the Village, the consensus was to proceed with joining the class action lawsuit. Trustee Adler does not support moving forward with the class action lawsuit. 11. ACTIVE BUSINESS A. Confirmation of Appointments 1) Library Commission VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF JULY 9, 2013 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the appointment of Andrea Holt to the Oak Brook Library Commission to a 3 -year term to expire in 2016. VOICE VOTE: Motion carried. B. Ordinances & Resolutions 1) ORDINANCE 2013- BU -SC- FRGV -S -1373, An Ordinance Deeming the Consolidated Loan to the Sports Core Fund an Equity Contribution Trustee Manzo discussed his reasons for voting against the measure. Discussion ensued and the consensus is to approve deeming the consolidated loan to the Sports Core Fund as an equity contribution. Motion by Trustee Adler, seconded by Trustee Moy to approve ORDINANCE 2013 -BU- SC -S -1373, an Ordinance deeming the consolidated loan to the Sports Core Fund an equity contribution. ROLL CALL VOTE: Ayes: 4 — Trustees Adler, Moy, Wolin, and Yusuf Nays: 1 — Trustee Manzo Abstain: 0 —None Absent: 1 —Trustee Barr Motion carried 2) RESOLUTION 2013- PW -WA- METR- AG -EX -R -1277, A Resolution Authorizing the Execution of an Agreement by and between the Village of Oak Brook and Water Resources, Inc Motion by Trustee Wolin, seconded by Trustee Moy to authorize a contract with Water Resources Incorporated for $61,200 for replacement of Data Collection Units (DCUs), for the Village automatic water meter reading system. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 —None Absent: 1 —Trustee Barr Motion carried 3) RESOLUTION- FD -V -R -1279, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Replacement Tower Ladder Truck Firefighter David Komfeind presented a brief PowerPoint presentation regarding the purchase of the replacement ladder truck. Discussion ensued regarding repairs completed on the existing Tower 94 Ladder Truck, VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF JULY 9, 2013 the previous decision to repair rather than replace the truck, and the need to purchase a new ladder truck due to the changing landscape of the Village. Motion by Trustee Moy, seconded by Trustee Adler that the Village Board approve a contract though Suburban Cooperative Purchasing (SPC) to purchase one (1) 2013 -214 Pierce Arrow -XT PUC 105' HDL Ladder Truck, to replace existing Tower 94 Ladder Truck, in the amount of $882,333 from Global Emergency Products, Factory Authorized Dealer for Pierce Manufacturing, Appleton, Wisconsin. Furthermore, I move that the Village Board approve the pre - payment option, and that $40,000 be authorized to purchase the necessary equipment to outfit the truck. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried 4) ORDINANCE 2013 - COMCAST - FRNCHS- AG -EX -S -1374, An Ordinance Granting a Cable Television Franchise to Comcast of Illinois VI, LLC Discussion was had regarding the negotiation process that took place with Comcast on the franchise agreement. Motion by Trustee Wolin, seconded by Trustee Moy that the Village Board adopt the attached Cable Television Franchise Ordinance granting to Comcast of Illinois VI, LLC a non - exclusive franchise to provide cable services in the Village and authorizing the execution of a franchise agreement with Comcast of Illinois VI, LLC to govern the franchise. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Ban Motion carried 5) RESOLUTION 2013 - ELEC- AGG- CNSLT -AG -R -1278, A Resolution Approving and Authorizing a Consulting Services Agreement by and between the Village Of Oak Brook and the Illinois Community Choice Aggregation Network for Services Related to the Village's Electric Aggregation Program Trustee Wolin discussed the Electric Aggregation and Issues Committee's decision to hire a consultant to assist the Village with its next electric aggregation program. Discussion ensued and the consensus was to hire a consultant to assist the Village with its VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF JULY 9, 2013 next program. Trustee Manzo stated his reasons for not supporting hiring a consultant. Motion by Trustee Wolin, seconded by Trustee Moy that the Village Board award a Professional Service Agreement, subject to attorney and staff review, to the consultant with the best overall value, The Illinois Community Choice Aggregation Network (ICCAN) for Electric Aggregation Consulting Services in the amount of $10,000 as indicated on the attached tabulation. Additionally, the Village Board adopts RESOLUTION 2013 - ELEC- AGG- CNSLT -R -1278, a Resolution Approving and Authorizing a Consulting Services Agreement by and between the Village of Oak Brook and The Illinois Community Choice Aggregation Network for Services Related to the Village's Electric Aggregation Program. ROLL CALL VOTE: Ayes: 4 — Trustees Adler, Moy, Wolin, and Yusuf Nays: 1 — Trustee Manzo Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried 6) RESOLUTION 2013- PW- EQ -AG -R -1280, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Replacement Brush Chipper Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board waive further bidding since The General Service Administration (GSA), has already conducted the bid process and issue a purchase order to Alexander Equipment Company, Lisle, Illinois, for one (1) 2013 Morbark Model M18R, brush chipper in the amount of $69,779.35. Additionally, the Village Board adopts RESOLUTION 2013-PW-EQ-AG-R- 1230, a Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Replacement Brush Chipper. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried C. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Public Works Gas Pump/Tank Concrete Replacement Motion by Trustee Wolin, seconded by Trustee Adler that the Village Board authorizes staff to prepare specifications and solicit bids for the Public Works Fuel Pump /Tank Concrete Replacement Project. VOICE VOTE: Motion carried. D. Award of Contract — NONE VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF JULY 9, 2013 E. Sound Wall Initiative Update — DISCUSSION ONLY Manager Niemeyer discussed the proposed sound wall initiative, gave a brief history of what has happened over the last six years, the establishment of a special service area tax, and the current status of building a sound wall. Discussion ensued and the consensus was to move forward with the initiative and with surveying residents in the affected area regarding establishing a special services area tax. Affected residents expressed their approval of establishing a special service area tax and also requested a cost sharing plan with the Village. F. Village Entrance Signage Update Trustee Wolin discussed the areas that welcoming signs will be placed and stated that this is part of the beautification project. The discussion was limited to conducting the bid process for the sign at 22nd Street and York Road. Further discussion ensued regarding funding of the project. Resident Bill Lindeman recommended giving assistance to the Planning Commission and Zoning Board of Appeals on decision making. He also discussed the sign located at the Oak Brook Promenade. Further discussion ensued regarding the sign located at the Oak Brook Promenade and the proposed sign at 22nd Street and York Road. Motion by Trustee Wolin, seconded by Trustee Manzo that staff continues with the Entranceway Signage Project to include advertising for competitive bids for the sign at 22 "d Street and York Road. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 —None Abstain: 0 — None Absent: 1 —Trustee Barr Motion carried G. Concealed Carry Legislation/Assault Weapons Ban Discussion — DISCUSSION ONLY Discussion was had regarding the recent concealed carry legislation approved by the General Assembly and the related movement by a few municipalities to ban assault weapons in the short time frame the bill allows municipalities to consider this. Attorney Friedman has opined that the Villages options are very limited since Oak Brook is a non home rule community. Chief Kruger stated that the local level is not the place to enact an assault weapons ban VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF JULY 9, 2013 because trying to enforce such a ban would be problematic. Attorney Schuster agrees with Attorney Friedman's opinion that the Village does not have the authority to adopt regulations on banning assault weapons. The consensus was to not pursue adopting regulations banning assault weapons in Oak Brook due to the limited options available to the Village. H. Polo Update — DISCUSSION ONLY Trustee Adler and Assistant Village Manager Wing gave a brief update on the recent Polo Committee meeting and activities. Also, Assistant Manager Wing stated over $5,000 worth of tickets have been pre -sold and that the first polo event will be held on Friday, July 191'. L Village Board Interaction with Resident Committees and Commissions — DISCUSSION ONLY Manager Niemeyer stated that Trustee Adler suggested that the Board have a discussion on the Board's interaction with appointed boards, committees and commissions, and that occasional updates from them would be beneficial. J. Committee of the Whole Meeting Topics — DISCUSSION ONLY Manager Niemeyer stated that Monday, August 261i appears to be the best date for the Committee of the Whole meeting and suggested that the meeting be used to discuss pension issues. He also stated that the Sports Core Long Range Planning Committee is working on developing an RFP for a master plan and that a Committee of the Whole meeting to discuss the Sports Core should take place after a consultant is hired. 12. INFORMATION & UPDATES A. VILLAGE MANAGER Manager Niemeyer thanked staff for all their hard work during this year's Taste of Oak Brook event. B. VILLAGE CLERK Clerk Pruss thanked the Public Works Department for planting the flowers at the Butler Government Center. C. TRUSTEES President Lalmalani thanked the Trustees for all their hard work and for working together in a harmonious and cohesive manner. Trustee Manzo thanked everyone for all their hard work and dedication. He also stated that he has heard many positive comments and compliments from residents regarding this year's Taste of Oak Brook event. VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF JULY 9, 2013 Trustee Manzo extended his condolences to the Friedman and Van Dyke Families. Trustee Adler thanked staff for all their hard work on the Taste of Oak Brook and Polo. He also thanked residents who helped with Polo. Trustee Yusuf commended everyone for their hard work on the Taste of Oak Brook and extended his condolences to the Friedman and VanDyke families for their loss. He also mentioned a law change regarding voter registration. D. VILLAGE ATTORNEY - NONE E. VILLAGE PRESIDENT Chief Kruger thanked the Board for their kind comments regarding the incident that occurred at the Oakbrook Center and that residents should feel safe visiting the mall. Chief McEllin stated that Lt. Tom Stanfa's 35th year anniversary is today. Finance Director Dangles stated that the April sales tax receipts are 2% higher than last year and 2.7% higher year to date. She also mentioned the redesign of the water bills. Assistant Manager Wing stated that Polo tickets are still available for purchase. Public Works Director Hullihan stated that Community Development, Public Works and Engineering are busy with various projects. 13. ADJOURN TO CLOSED SESSION For the purpose of discussing (1) minutes of meetings lawfully closed and (2) setting of a price for sale or lease of property under this act pursuant to section 2c(21) and (2c6) of the Illinois Open Meetings Act, and (3) for purposes of discussing compensation of specific employees pursuant to section 2c(l) and collective negotiating matters within the Village and its employees pursuant to section 2c(2) respectively Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed and (2) setting of a price for sale or lease of property under this act pursuant to section 2c(21) and (2c6) of the Illinois Open Meetings Act, and (3) for purposes of discussing compensation of specific employees pursuant to section 2c(1) and collective negotiating matters within the Village and its employees pursuant to section 2c(2) respectively. ROLL CALL VOTE: Ayes: 5 — Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0 — None Abstain: 0 —None Absent: I —Trustee Barr Motion carried VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF JULY 9, 2013 The meeting was adjourned to closed session at 10:13 pm. 14. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Moy, to adjourn the Regular Meeting of the Board of Trustees at 11:03 pm. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss /s/ Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF JULY 9, 2013