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Minutes - 11/12/2013 - Board of Trustees vp Of OA r Is, MINUTES OF THE NOVEMBER 12, 2013 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON A NOVEMBER 26, 2013 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, Michael Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Community Development Director; Gary Clark, Acting Fire Chief; Sue Madorin, Library Director; James Kruger, Police Chief; Mike Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani offered a moment of silence to honor the passing of Bill Rahn, former Westmont Mayor, and to those who lost their lives and the survivors of Typhoon Haiyan in the Philippines. President Lalmalani congratulated Peter Friedman and the Holland and Knight Illinois Land Use and Local Government Team for receiving the top ranking in Government Relations, Land Use and Zoning and in Real Estate Law in the 2014 U.S. News — Best Lawyers "Best Law Firms" listings. Also, U.S. News named Holland & Knight the 2014 "Law Firm of the Year" in Land Use and Zoning Law, and awarded the firm the most metropolitan first-tier rankings in the US in that category. President Lalmalani discussed the Veterans Day Ceremony and played the slide presentation that was done during the ceremony. He also thanked Kathy Maher for her dedication and hard work for putting the entire event together to honor our Veterans. President Lalmalani announced that due to the retirement of Tom McEllin, he appointed Gary Clark as Acting Fire Chief. He stated that Acting Chief Clark's record of superior service over the years to the Village will lead the department well. President Lalmalani also appointed a Committee to conduct a search for candidates qualified to be Oak Brook's next Fire Chief. The Committee consists of Trustee Manzo as Chairman, Trustees Baar VILLAGE OF OAK BROOK MINUTES Page I of 9 REGULAR MEETING OF NOVEMBER 12, 2013 and Trustee Moy, and Residents Cathy Giangrasse and Tom Mullins. The committee will set up criteria in terms of experience and other required qualifications for the new Fire Chief, screen applications, interview the most qualified, and submit finalists to the Board for consideration. Other Trustees are encouraged and welcome to attend these deliberations and provide their input. Finally, President Lalmalani requested that residents complete a quick online survey on Oak Brook's residential development and regional image. The survey should only take about 10 minutes and will be available for a limited time. He stated that feedback is very important and greatly appreciated. A link to the survey can be found on the Village website, www.oak-brook.oriz. 4. RESIDENTNISITOR COMMENTS Resident Mark Karambelas congratulated Acting Fire Chief Clark. He also discussed the Kiwanis organization that has been created to help needy children on the community. Other residents who signed up to speak will do so during the agenda item. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF OCTOBER 18, 2013 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Special Board of Trustees Meeting of October 18, 2013, VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 22, 2013 Motion by Trustee Yusuf, seconded by Trustee Moy to approve the minutes of the Regular Board Meeting of October 22, 2013. VOICE VOTE: Motion carried. C. SPECIAL BOARD FO TRUSTEES MEETING OF OCTOBER 30, 2013 Motion by Trustee Moy, seconded by Trustee Manzo to approve the minutes of the Special Board of Trustees Meeting of October 30, 2013. 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 7, 2013 - $1,103,919.24 Significant Items included in Above: 1) Rathje, Woodward, LLC - Legal Services - September, 2013 - $3,333.33 (FYI 3 —YTD - $29,999.97) 2) Holland & Knight, LLC—Legal Services— September, 2013 - $13,686.52 (FYI 3 —YTD - $145,264.69) TOTAL LEGAL BILLS PAID FOR 2013 - $250,405.10 VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 3) Christopher B. Burke Engineering, Ltd. —Payout#3 —2013 Street Improvement— Construction Inspection- $19,203.29 4) Central Blacktop Company—Payout#3 —2013 Street Improvement—77,846.37 5) Chicago Title & Trust Co. — Sale of Property—615 W. 22nd Street-$227,000.00 6) Miles Chevrolet—Final Payout—2013 Chevrolet Tahoe 2WD - $81,274.80 B. Approval of Payroll for Pay Period Ending October 26, 2013 - $656,971.59 C. Community Development Referrals 1) Referral—Elgaq—424 Canterberry Lane—Variations D. Authorization to Seek Bids or Proposals or Negotiate Contracts—NONE E. Budget Adjustments—NONE F. Ordinances & Resolutions 1) ORDINANCE 2013-ZO-V-EX-S-1384, An Ordinance granting a Variation from Certain Provisions of Section 13-11-10 of Title 13 ("Zoning Regulations") of the Village of Oak Brook Relative to a Monument Sign for the Property at 700 Commerce Drive in the Village of Oak Brook, Illinois 2) ORDINANCE 2013-PP-S-1385, 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 3) RESOLUTION 2013-BD-CL-MIN-R-1310, A Resolution for the Approval and Release of Closed Meeting Minutes 4) RESOLUTION 2013-ADHOC-ENHANCE-CMTE-R-1311, A Resolution Further Amending Resolution R-1191 to Increase the Number of Members on the Village Ad Hoc Residential Enhancement Committee Motion by Trustee Wolin, seconded by Trustee Moy to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 7. ITEMS REMOVED FROM THE CONSENT AGENDA—NONE 8. BOARD & COMMISSION RECOMMENDATIONS —NONE 9. UNFINISHED BUSINESS A. Oak Brook Park District — 1450 Forest Gate Road — Variation— To Amend Section 3, Paragraph H of Ordinance S-1361 Trustee Adler suggested deferring this item until the December 10th meeting since the study may not be done on November 25th Trustee Wolin commented on the discrepancies he found in the letter written by Park District President, John O'Brien. He also stated that he is not in favor of deferring this item to the December 10th Board meeting. Resident Tom Cygan spoke against the motion to approve a delay in making a decision regarding the use of the lights on the synthetic soccer field beyond November 15th. He also discussed the letter sent by John O'Brien. Resident Ernie Karras discussed the ordinance pertaining to the soccer field lights. He also discussed the actions still needed to be taken by the Park District. Resident Bill Lindeman explained the photographs of lights that he gave to the Board members. Trustees Yusuf and Moy are in favor of letting the Park District use the fields after November 15th on a temporary measure. Discussion ensued regarding the proper wording for the amended motion and the history of the lighting issue at the synthetic soccer field. Resident Rob Aprati stated that a violation of an ordinance in existence is still a violation and that the Village should hold the Park District accountable. Trustee Baar stated that he is not in favor of the extended usage of the lights at the synthetic soccer field after November 15th Trustee Adler stated that he wants a real and final solution to this issue. Amended Motion by Trustee Adler, seconded by Trustee Moy to defer any action until the December 10, 2013 Board meeting and allow temporary usage of lights at the synthetic soccer field after November 15th VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 ROLL CALL VOTE: Ayes: 3 —Trustees Adler, Moy, and Yusuf Nays: 4—President Lalmalani, Trustees Baar, Manzo, and Wolin Abstain: 0—None Absent: 0—None Motion fails Motion by Trustee Moy, seconded by Trustee Wolin to defer action on a request from Oak Brook Park District to amend Ordinance S-1361 to permit the use of the synthetic turf lights year-round to the November 26, 2013 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 5 —Trustees Baar, Manzo, Moy, Wolin, and Yusuf Nays: 1 —Trustee Adler Abstain: 0—None Absent: 0—None Motion carried 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Ad-Hoc Residential Enhancement Committee Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the appointment of Mr. Jeff Bulin to the Ad-hoc Residential Enhancement Committee to a term to expire in October 2014. VOICE VOTE: Motion carried. B. Ordinance & Resolutions 1) ORDINANCE 2013-TO-TA-G-1013, An Ordinance Amending Title 4, Chapter 6 of the Village Code of the Village of Oak Brook Relating to Alternative Nicotine Products Trustee Yusuf stated that the ordinance is to control the sale of alternative nicotine products by age. Det. Sgt. King discussed the Police Departments compliance check program on the sale of nicotine and alternative nicotine products. Motion by Trustee Yusuf, seconded by Trustee Moy to approve Ordinance G-1013, an ordinance amending Title 4, Chapter 6 of the Village Code relating to the sale and possession of alternative nicotine products. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 2) RESOLUTION 2013-PD-VEH-PG-R-1312, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of a Police Van Motion by Trustee Baar, seconded by Trustee Manzo that the Village Board waive further bidding since the State of Illinois already conducted the bid process and issue a purchase order to Wright Automotive, Hillsboro, Illinois for one (1) 2014 Dodge Grand Caravan in the amount of$20,955. Additionally, that $1,000 be authorized to purchase the necessary lighting for the above vehicle. Most of the equipment can be re-used from the vehicle being replaced. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0-None Absent: 0—None Motion carried 3) RESOLUTION 2013-FD-PG-EQ-R-1313, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of Monitors and Defibrillators Motion by Trustee Moy, seconded by Trustee Manzo that the Village Board waive further bidding, since National Purchasing Partners already conducted the bid process and issue a purchase order to Zoll Medical Corporation, Chelmsford, MA, for three (3) X Series Manual Monitor/Defibrillator plus accessories in the amount of$107,154.81, pending final attorney review. Additionally, that $2,000 is authorized to purchase the necessary mounting brackets from a different vendor. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 4) ORDINANCE 2013WA-G-1012, An Ordinance Amending Chapter 5 of Title 8 of the Village Code of the Village of Oak Brook, Illinois Relating to Water Charges Trustee Wolin stated that water rates have gone up substantially over the last few years due to many reasons. He also discussed the new water rate structure. Trustee Yusuf stated that Oak Brook allows for the installation of wells for irrigation systems. Trustee Adler asked questions regarding the water fund and administrative salaries. Manager Niemeyer stated that staff will have exact numbers during the budget discussions. VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 Trustee Manzo stated that it is unfair that Oak Brook residents have to pay for the misuse and mishandling of other governmental agencies. Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board approve Ordinance G-1012, An Ordinance Amending Chapter 5 of Title 8 of the Village Code of the Village of Oak Brook, Illinois Relating to Water Charges. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried C. American Heart Association 5K Assistant Manager Wing stated that the 5K Walk will be held on the morning of September 27, 2014. He also discussed the review conducted by Village staff. Representatives from the American Heart Association and Ravenswood Events Services discussed the 5K Walk event and were present to answer questions. Motion by Trustee Manzo, seconded by Trustee Baar that the Village Board approve and support a 20t' Anniversary American Heart Association 5K in Oak Brook, is recommended by staff and it positively highlights the charm and hospitality of the Village of Oak Brook, VOICE VOTE: Motion carried. D. Busse Woods Dam Modification Trustee Wolin discussed the study being conducted and stated that the intent is to provide more water storage in Busse Woods so that less water flows downstream during heavy rain events. Motion by Trustee Wolin, seconded by Trustee Moy that the Village Manager be authorized to contribute up to $3,000 to the DuPage County Stormwater Management Department for the Busse Woods Dam Modification Study. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 11. INFORMATION & UPDATES VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 A. VILLAGE MANAGER Manager Niemeyer announced that Budget hearings will be held on November 19`h and November 25tH B. VILLAGE CLERK—NONE C. TRUSTEES Trustee Manzo stated that the process for selecting a new Fire Chief will be open to the public and encouraged residents to attend. Trustee Baar commended all Veterans who live and work for the Village. He also thanked Kathleen Maher and the Historical Society for sponsoring the event. Trustee Yusuf thanked all Veterans for their service. He also asked everyone to watch for children while out on the roads. D. VILLAGE ATTORNEY—NONE E. VILLAGE PRESIDENT Chief Kruger stated that the Police Department will be looking into the safety concerns raised by residents on Spring Road. He reported that the Oak Brook Honor Guard has been asked to serve as the rifle team for the Moving Viet Nam Memorial Wall. He also discussed the robbery at Fifth Third Bank and stated that a suspect is in custody. Acting Fire Chief Clark recognized members of the Fire Department for their hard work. Public Works Director Hullihan stated that the leaf pickup program is now in full swing and asked residents to not place leaf piles near the street or basins. Community Development Director Kallien gave a brief summary of two new restaurants in Oak Brook. He also discussed the work being done on La Meridien Hotel. 12. ADJOURN TO CLOSED SESSION Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) collective negotiating matters, (3) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body and (4) to consider litigation, pursuant to 2c(21), Section 2c(2), 2c(1) and 2c(11) of the Illinois Open Meetings Act, respectively. ROLL CALL VOTE: Ayes: 6—Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF NOVEMBER 12, 2013 Absent: 0—None Motion carried The meeting was adjourned to closed session at 8:54 p.m. 12. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn the Regular Meeting of the Board of Trustees at 11:03 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF NOVEMBER 12, 2013