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Minutes - 09/10/2019 - Board of Trustees (4) MINUTES OF THE AUGUST 13, 2019 REGULAR MEETING OF VILLAGE OF THE PRESIDENT AND BOARD OAK B R92.11 - OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 10, 2019 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 7:04 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Asif Yusuf, President Gopal Lalmalani ABSENT: Trustee Tiesenga IN ATTENDANCE: Village Manager Rick Ginex, Development Services Director Tony Budzikowski, Golf Club Superintendent/Manager Sean Creed, Information Technology Director Jim Fox, Police Chief Jim Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, Head Librarian Jacob Post, Human Resource Director/Deputy Clerk Kathy Vonachen, Village Attorney Greg Jones 3. PRESIDENT'S OPENING COMMENTS A. Proclamation- Athlete of the Year Awards President Lalmalani stated that there was a proclamation for the Athletes of Year. He asked Kayla Byrne and Ethan Harrast, both from Hinsdale Central High School, to come forward. President Lalmalani explained that the Athlete of the Year award was initiated by Paul Butler in 1974 and has been awarded by a Committee of the Oak Brook Presidents Club. This year Kayla Byrne won the award for her exceptional participation in cross country and track. Ethan Harrast won for his exceptional participation in Baseball. Clerk Pruss read the proclamation. B. RESOLUTION 2019-GL-BD-R-1819 - Resolution in Support of the Public Challenge of the Proposed Consent Order in the Case of People of the State of Illinois V. Sterigenics President Lalmalani commented on the contamination situation concerning the Sterigenics facility in Willowbrook. He said that the Board has taken an active role looking into the issue and that he has personally met with Willowbrook Mayor Frank Trilla, County Board Chairman Dan Cronin and Illinois House Representative Deanne M. Mazzochi. House Representative Mazzochi came to the podium and made some brief remarks on the creation of the Matt Haller Act. She explained that the Act will prohibit the renewal of any permits for facilities that violate federal or state standards for ethylene oxide emissions. VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 1 Motion by Trustee Baar, seconded by Trustee Cuevas, to approve Resolution R-1819. VOICE VOTE: Motion carried. C. GW Properties - Preliminary Board Review of Planned Development for Macy's Furniture - 1717 22nd St. President Lalmalani asked Development Services Director, Tony Budzikowski to introduce the Preliminary Board Review of a Planned Development for Macy's Furniture Store at 1717 22nd St. Development Services Director Budzikowski introduced the presentation and stated that this is a preliminary review for the Board. He explained that the Macy's building, a two story 110,000 square foot building, would be demolished to make way for seven new restaurants, retail and entertainment spaces. Mitch Goltz (GW Properties) came to the podium and provided a PowerPoint presentation concerning the site plans and gave a brief narrative describing the overall character, signage, and nature of the proposed planned development. Comments were made by the Board and questions were addressed by Mr. Goltz. D. RESOLUTION 2019-AG-LE-EXI-R-1820, A Resolution Appointing Ottoson Britz Kelly Cooper Gilbert and Dinolfo, Ltd., as Village Attorney and Approving an Engagement Agreement President Lalmalani announced that the Board periodically reviews its operating procedures and that it had not done a Request for Proposal for Legal Services since 2016. He said a Request for Proposal was sent out in June and that the Village had five firms respond, the Legal Committee interviewed all five. After his evaluation, President Lalmalani said that he was recommending the Village Board approve the Engagement Agreement with Ottoson Britz Kelly Cooper Gilbert and DiNolfo, Ltd. Comments were made by the Board expressing concern with changing law firms. President Lalmalani thanked Ancel Glink, including Stewart Diamond, Keri-Lynn Krafthefer, and Greg Jones for all their hard work over the last three years. Motion by Trustee Yusuf, seconded by Trustee Manzo, to approve Resolution R-1820. VOICE VOTE: Motion carried. 4. RESIDENTNISITOR COMMENT Resident Anne Huber thanked the Board for taking a position on ethylene oxide emissions and the Sterigenics facility. Resident Rich Allison spoked regarding the Fullersburg Historic Foundation and informed everyone on upcoming events. 5. APPROVAL OF MINUTES A. Special Executive Meeting Minutes of June 11, 2019 Motion by Trustee Baar, seconded by Trustee Yusuf, to approve the Minutes of the Special Executive Meeting Minutes of June 11,2019. VOICE VOTE: Motion carried. B. Regular Board of Trustees Meeting of July 9, 2019 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Minutes of the Regular Board of Trustees Meeting Minutes of July 9, 2019. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 2 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 July 9, 2019 - $1,311,525.11 Accounts Payable for Period Ending August 8, 2019 - $2,826,874.01 Significant Items included in Above: 1) LEGAL SERVICES: a) Ancel, Glink, P.C., - Legal Services - July 9, 2019 - $8,500.00 b) Ancel, Glink, P.C., - Legal Services - July 9, 2019 - $3,573.71 (FY19 YTD - $63,884.96) c) Rathje Woodward, LLC - Legal Services - July 9, 2019 - $1,624.50 d) Rathje Woodward, LLC - Legal Services - July 10, 2019 - $1,367.00 e) Rathje Woodward, LLC - Legal Services - August 5, 2019 - $9,448.33 (FY19 YTD - $36,392.82) f) Clark Baird Smith, LLP - Legal Services - July 9, 2019 - $8,500.00 (FY19 YTD - $22,924.00) g) Lamp Law LLC - Legal Services - July 9, 2019 - $3,333.33 h) Lamp Law LLC - Legal Services - August 2, 2019 - $3,333.33 (FY19 YTD - $13,333.32) TOTAL LEGAL BUDGET FOR 2019 IS $294,000 TOTAL LEGAL BILLS PAID FOR 2019 - YTD - $140,946.60 2) Atlas Bobcat, LLC - VOB Golf Club - $40,994.90 3) Health Care Services - BCBS HMO - August 2019 - $36,583.89 4) Burke, LLC - 2019 Water Main Improvements - $598,001.29 5) Burke, LLC - Salt Storage/B&T Circle Reconstruction - $722,454.83 6) Burns & McDonnell - Engineering Services - $21,819.50 7) Burris Equipment- Golf Course Maintenance - $25,604.00 8) Christopher B. Burke Engineering, LTD. - Harger Rd. Bike Path Project - $24,434.50 9) Core& Main- Water Meter Install Project- K860963 - $ 25,000.00 10) DuPage Convention & Visitors Bureau - CoOp Advertising February - June 2019 - $124,237.90 11) DuPage Convention& Visitors Bureau - Hotel/Motel Taxes April - June 2019 - $24,660.60 12) DuPage Water Commission - July 2019 - $554,607.27 13) Paramedic Services of Illinois, Inc. - August 2019 - $67,833.33 14) Ravenswood Event Services - Taste of Oak Brook 2019 - $37,397.83 15) 1131, LLC - TIF Interest/Principal - $45,970.00 16) Civiltech Engineering, Inc. - York/Harger Rd. Improvement Phase I & II - $52,623.57 17) Du-Comm - FD Quarterly Shares August 1 - October 31, 2019 - $43,954.25 18) Du-Comm -PD Quarterly Shares August 1 - October 31, 2019 - $114,412.00 19) DuPage Water Commission - June 2019 - $398,837.53 20) Mary Riordan TIF - Interest/Principal - $45,970.00 21) Paramedic Services of Illinois, Inc. - July 2019 - $67,833.33 VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 3 22) St. Paul Fire TIF - Interest/Principal - $114,920.00 23) WatchGuard Video - PD - $49,068.00 24) Polaris Sales Inc. - PD Ranger- $22,185.53 TOTAL DUPAGE CONVENTION &VISITORS BUREAU BUDGET FOR 2019 IS $344,460.00 - TOTAL PAID FOR 2019 - YTD - $265,042.95 B. Approval of Payroll for Pay Period Ending: 1. July 13, 2019 - $812,524.44 2. July 27, 2019 - $852,446.34 C. Development Services Referrals 1. 1315 and 1425 Kensington Road—Oak Brook Park District—Rezoning from ORA-I Office Research Assembly District to CR Conservation/Recreation District 2. Oak Brook Commons, LLC— 1120 22nd Street and 2111 McDonald's Drive—Final Subdivision Plat D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Authorization to Conduct the Request for Proposals Process, for the Sale of Non-Resident Portions of the Villages Water System E. Ordinances & Resolutions 1. ORDINANCE 2019-ZO-V-EX-S-1575, An Ordinance Granting Variations From the Provisions of Sections 13-12-3(H) and 13-12-3(H)(2) of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook for the Property Located at 711 Jorie Boulevard and the Nicor Property Located Immediately to the North, all in the Village Of Oak Brook 2. ORDINANCE 2019-LC-AL-G-1152, 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 Thirty- Five the Number of Authorized Class A-1 Liquor Licenses 3. RESOLUTION 2019-CNTRCT-LST-ML-TRANS-R-1814, A Resolution Approving and Authorizing the Award and Execution of a General Services Agreement for Last Mile Transportation Services by and Between the Village of Oak Brook and Lyft, Inc. 4. ORDINANCE 2019-TELECOM-TWR-AG-S-1576, An Ordinance Approving a Ground Lease for Communication Purposes Between the Village of Oak Brook and T-Mobile Central, LLC F. Village of Oak Brook - Monthly Financial Reports—June 2019 G. Proclamation - National Payroll Week VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 4 Motion by Trustee Baar, seconded by Trustee Manzo, to approve the Consent Agenda,with the exception of Items 6.A.2, 6.A.7, and 6.D.1., and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 — Trustees Baar, Cuevas,Manzo, Saiyed,Yusuf Nays: 0 —None Abstain: 0 —None Absent: 1 —Trustee Tiesenga Motion carried. Trustee Yusuf exited the meeting at approximately T 46 pm 7. ITEMS REMOVED FROM CONSENT AGENDA 6.A.2. Atlas Bobcat, LLC - VOB Golf Club - $40,994.90 and 6.A.7. Burris Equipment- Golf Course Maintenance - $25,604.00 Motion by Trustee Baar, seconded by Trustee Manzo, that the Village Board authorize the Item 6.A.2. Atlas Bobcat, LLC - VOB Golf Club for$40,994.90 and Item 6.A.7 Burris Equipment - Golf Course Maintenance for $25,604.00. Trustee Baar asked for an explanation concerning the equipment on Items 6.A.2 and 6. A.7. Golf Club Superintendent l Manager Sean Creed explained that the Atlas Bobcat is a skid-steer loader that comes with many features to help with construction projects at the golf course. He also commented on the Cushman Truckster XD from Burris Equipment. He said that the utility vehicle will help the crew with hauling heavy loads to just about any job site. Trustee Baar commented that going forward he would like closer coordination of the equipment between Public Works and the Sports Core. He said he wanted to avoid duplication of the equipment if possible and wanted to see a list of the inventory. Ayes: 4— Trustees Baar, Cuevas,Manzo, Saiyed, Yusuf Nays: 0 —None Abstain: 0—None Absent: 2—Trustees Tiesenga, Yusuf Motion carried. Trustee Yusuf entered the meeting at approximately 7:52 pm 6.1).1 Authorization to Conduct the Request for Proposals Process, for the Sale of Non-Resident Portions of the Villages Water System Motion by Trustee Baar, seconded by Trustee Mano, that the Village Board authorize staff to conduct the Request for Proposals process, for the sale of Non-Resident Portions of the Villages Water System which extends outside the Village Corporate Limits. Trustee Manzo asked about the status of the sale of the non-residential portion of the water system. Public Works Director Patchin gave a background narrative on the proposal process and said that there was some potential interest from the private business sector. He said that staff has been in discussion with the DuPage Water Commission who supplies Lake Michigan water to the Village. He explained that this new configuration would help eliminate a well house and keep the water system within the Village corporate limits. Trustee Manzo expressed his concerns with selling to a private business, Director Patchin addressed his concerns and commented that other communities are going in this direction. VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 5 ROLL CALL VOTE: Ayes: 5 — Trustees Baar, Cuevas,Manzo, Saiyed,Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Tiesenga Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. Christ Church of Oak Brook— 501 Oak Brook Road—CCOB Final Plat of ReSubdivision— Final Plat for a 2-Lot Subdivision Motion by Trustee Manzo, seconded by Trustee Cuevas,that the Village Board concur with the recommendation from the Plan Commission (PC) to approve the proposed 2-lot CCOB final plat of resubdivision, subject to 1) final engineering approval prior to recordation of the plat and 2) authorizing the Village Attorney to prepare the necessary resolution. David Melvin (Christ Church) came to the podium and stated that with the new parking lot they don't need the extra space and therefore putting the property on the market. ROLL CALL VOTE: Ayes: 5— Trustees Baar, Cuevas, Manzo, Saiyed,Yusuf Nays: 0 —None Abstain: 0 —None Absent: 1 —Trustee Tiesenga Motion carried. 9. ACTIVE BUSINESS A. Ordinances & Resolutions 1. RESOLUTION 2019-CNTRCT-PD-FOP-R-1818, A Resolution Approving a Successor Collective Bargaining Agreement Between the Village of Oak Brook and the Illinois Fraternal Order of Police Labor Council Motion by Trustee Baar, seconded by Trustee Cuevas, that the Village Board approve Resolution 2019-CNTRCT-PD-FOP-R-1818 to authorize the Village President to sign and the Village Clerk to attest to a successor agreement between the Village of Oak Brook and the Fraternal Order of Police (FOP) Labor Council. Trustee Manzo commented that he hoped the Village would get something in return from the unions in return for the financial incentive the Village is giving them. Chief Kruger explained that during the informal discussions with the FOP, the Village was able to obtain reasonable concessions on insurance costs and benefits. He said that it places patrol officers on par with other Village employees, resulting in significant annual savings Village wide. Discussion ensued regarding the significant cost savings by eliminating turnover and retention of qualified police officers. ROLL CALL VOTE: Ayes: 5 — Trustees Baar, Cuevas,Manzo, Saiyed, Yusuf Nays: 0 —None VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Paae 6 Abstain: 0 —None Absent: 1 —Trustee Tiesenga Motion carried. B. 2019 Public Safety Pension Funding Motion by Trustee Manzo, seconded by Trustee Cuevas, that the Village Board approve a Village payroll contribution rate of 50.59% for Police Pension members and 64.35% for Fire Pension members retroactive to January 1, 2019. Finance Director Paprocki mentioned that in March the Village Board was presented with the 2019 police and fire actuarial valuation reports. He discussed the recommended actuarial vs. the Pension Fund's contribution amounts. He explained that the recommendation is for the Village Board to approve contribution rates as a percentage of the budgeted payroll and that these rates match the Illinois Department of Insurance recommendations. A recommendation for additional contributions would be brought to the Board on December 10, 2019. Comments were made by the Board and questions were addressed by Director Paprocki. Trustee Barr made a friendly amendment that the Board make year-end contributions funding the pensions 100%. ROLL CALL VOTE: (as amended) Ayes: 5— Trustees Baar, Cuevas, Manzo, Saiyed, Yusuf Nays: 0—None Abstain: 0 —None Absent: 1 —Trustee Tiesenga Motion carried. 10. INFORMATION &UPDATES A. Village Manager Village Manager Ginex thanked the attorneys at Ancel Glink, including Stewart Diamond, Keri-Lynn Krafthefer and Greg Jones for all their hard work and tireless work ethic. B. Village Clerk Village Clerk Pruss also thanked Ancel Glink for all they had done for the Village. Trustee Saiyed left the meeting at approximately 8:24 pm C. Trustees Trustee Yusuf discussed the Feast of the Sacrifice that began on August 11th. Trustee Baar commended the Board for taking a position on ethylene oxide emissions and the Sterigenics facility. Trustee Manzo thanked Village Attorney Jones for his fine work for the Village. D. Village Attorney Village Attorney Jones thanked everyone for their kind words. E. Village President Information Technology Director Fox gave an updated on the Cellular Comminutions Project. VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 7 Police Chief Kruger discussed the National Night Out event and the upcoming Special Olympics Golf outing on August 19th. Public Works Director Patchin gave an update on the Brook Forest water main project. Golf Club Superintendent / Manager Sean Creed reported on the Club Championship that was held last weekend. Head Librarian Jacob Post mentioned that they had over 300 kids participate in the Summer Reading Program. Finance Director Paprocki reported on the sales tax collections for August 2019. Development Services Director Budzikowski thanked Village Attorney Jones for his input. 11. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Yusuf, to adjourn the Regular Meeting of the Board of Trustees at 10:14 p.m. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES—AUGUST 13,2019 Page 8