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Minutes - 11/26/2019 - Board of Trustees MINUTES OF THE NOVEMBER 12, 2019 REGULAR MEETING OF THE VILLAGE OF PRESIDENT AND BOARD OF OAK BR , K TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 26,2019 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 7:01 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,Edward Tiesenga,Asif Yusuf,and President Gopal Lalmalani ABSENT: Trustee Moin Saiyed IN ATTENDANCE: Village Manager Rick Ginex,Development Services Director Tony Budzikowski,Golf Manager/Superintendent Sean Creed,Information Technology Director Jim Fox, Police Chief James Kruger,Fire Chief Barry Liss, Public Works Superintendent Rick Valent,Head Librarian Jacob Post, and Village Attorney Michael Castaldo,Jr. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani recognized all those who have been a part of the great brotherhood and sisterhood of the U.S.military; our veterans,active-duty service members,guardsmen and reservists on Veterans' Day. He stated that it is their service and sacrifice that has kept our country safe and free. On behalf of the Village Board he thanked those who served and those who continue to serve today, so that America can sleep peacefully at night. President Lalmalani stated that the Lizzadro Museum had their ribbon cutting and grand opening on November 12,2019 and that he was impressed.The Museum was first opened in November 1962 in Elmhurst's Wilder Park with a small sampling of Joseph Lizzadro's Lapidary Art. He also stated that the museum is a welcome cultural site for the Village. President Lalmalani thanked the 100 Club of DuPage County for the dinner event they hosted on October 30`''to honor Sgt.Danny Ramirez,Officers George Peterson,Nicolas Baca,Timothy Walsh and Jeffrey Marek who received the 2019 Valor Award for saving a woman from an overturned burning vehicle on 1-88 in 2018. He stated that he and the Board members are very proud of the officers involved. He also stated that he,Clerk Pruss,Trustee Saiyed,Manager Ginex,Chief Liss,and Chief Kruger attended along with Police Command staff and the families of those honored. Chief Kruger thanked everyone for coming to the dinner and found it to be a great opportunity to recognize the staff and the great work that they do. He also thanked the police officers on behalf of Police Department Command staff. VILLAGE OF OAK BROOK MINUTES Pagel of 8 REGULAR MEETING OF NOVEMBER 12,2019 96 Trustee Baar stated that he has known the Lizzardo family for a very long time and the art on display is quite exquisite. He welcomes the museum and finds it to be a fantastic addition to the Village of Oak brook. President Lalmalani announced the unexpected vacancy for the position opening in the ZBA beginning January 1,2020. 4. RESIDENTNISITOR COMMENTS Jim Nagle,the owner of the Drake Oak Brook Hotel,thanked all the Board members and Chief Liss for their professionalism and cooperation in resolving the recent complaint matter. Resident William Lindeman,expressed his disappointment and concerns regarding the following: the Restoration Hardware Project,the Paramedics contract,the Residential Waste Pick-Up Agenda item and that it should be tabled to a later meeting,the Park District parking lot and the lack of transparency,and the,catering to the Park District as well as the DuPage Mayors and Managers Buildings. President Lalmalani invited resident Lindeman to the December 101 Board Meeting to discuss the Restoration Hardware Project as it is not on the Agenda for this meeting. John Clifford of Republic Services,agreed with Resident Lindeman and stated that he also would like the Residential Waste Pick-Up agenda item to be tabled until the next Board meeting. He also stated that he would like to retain the Village contract for waste pick-up. He also thanked the Village for the ability to serve the Village residents for many years. All other Residents who signed up to speak will do so during an agenda item. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 22,2019 Motion by Trustee Baar,seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of October 22,2019. 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 6,2019-$2,407,392.18 Significant Items included in Above: 1) LEGAL SERVICES: a) Ottosen Britz Kelly Copper Gilbert&DiNolfo,Ltd.,-Legal Services- $ 10,500.00- (FY 19 YTD-$27,222.77) b) Ancel, Glink,P.C., -Legal Services—May 9,2019- $5,411.25 c) Ancel,Glink,P.C.,-Legal Services—Retainer—May 9,2019-$8,500.00-(FYI 9 YTD- $103,018.71) TOTAL LEGAL BUDGET FOR 2019 IS $294,000 TOTAL LEGAL BILLS PAID FOR 2019-YTD-$241,106.53 VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF NOVEMBER 12,2019 2) Burke,LLC—2019 Street Improvement Project—Pay Request#1 -$635,705.28 3) Burke,LLC—2019 Street Improvement Project—Pay Request#2—$423,704.02 4) BCBS HMO—Health Care Services—November 2019-$36,085.29 5) BCBS PPO—Health Care Services—October 2019-$331,453.79 6) Paramedic Services of Illinois—Paramedic Services—November 2019-$57,396.00 7) DuPage Water Commission—October 2019-$337,532.58 8) Mid-America Pool Renovation,Inc.—Oak Brook Bath&Tennis Club Renovations—October 2019-$196,176.00 9) Trane US—Oak Brook Library BAS Retrofit—October 2019-$39,227.40 B. Approval of Payroll: 1) For Pay Period Ending October 19,2019-$853,005.65 2) For Pay Period Ending November 2, 2019-$ 815,421.40 C. Development Services Referrals 1) 616 Enterprise Drive—Zoning Regulations—Sign Variations to Permit and Allow a Wall Sign D. Ordinances&Resolutions 1) RESOLUTION 2019-R-1835,A Resolution Approving the Purchase of Deicer Salt from Cargill Inc. and Compass Mineral International, Inc. 2) ORDINANCE 2019-ZO-TA-G-1154,An Ordinance Amending Title 13 Chapter 3 of the Village of Oak Brook Code of Ordinances Relating to Cannabis Business Establishments 3) RESOLUTION 2019-R-1838,A Resolution Approving an Intergovernmental Agreement Between the County of DuPage and the Village of Oak Brook Regarding Certain Roadway and Other Public Improvements Along County Highway(Ch)34/31 S`Street from Meyers Road to York Road and the Conveyance of Certain Real Estate to The County of DuPage for Right-of-Way Purposes 4) RESOLUTION 2019-ST-IMPROVE-CNTRCT-R-183 9,A Resolution Approving and Authorizing the Execution of a Construction Contract for the 2019 Street Improvement Project By and Between the Village of Oak Brook and K-5 Construction Corporation 5) RESOLUTION 2019-ENG-DESIGN-BP-AG-R-1840,A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village Of Oak Brook and Christopher B. Burke Engineering,Ltd. for Engineering Design Services Related to The Harger Road Bike Path Connection VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF NOVEMBER 12,2019 6) RESOLUTION 2019-IGA-FD-GEMT-R-184 1,A Resolution Approving and Authorizing the Execution of an Intergovernmental Agreement By and Between the Village of Oak Brook and the Department of Healthcare and Family Services Motion by Trustee Baar,seconded by Trustee Cuevas to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 5—Trustees Baar,Cuevas,Manzo,Tiesenga, and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Saiyed Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None 8. UNFINISHED BUSINESS A. Ordinances&Resolutions 1) ORDINANCE 2019-ZO-V-EX-S-1583,An Ordinance Amending Ordinance 2014-ZO-V-EX-S- 1403 of the Village of Oak Brook(Park District Lighting) Trustee Manzo stated that he is aware of the possibility of deferral,and disapproves of the idea.He also mentioned that he is not in agreement to make last minute changes to the contract. Trustee Mazno, thanked everyone involved in reaching the agreement and stated that both parties would need to be in agreement in order to make any further changes to the contract currently in place. Trustee Tiesenga found the matter to be long and drawn out. He stated,that the exact GPS coordinates could not be obtained,however,they were able to come up with an exact Zone and were able to describe it in a very clean way. He also stated that the Park District requested some time to come up with an adequate solution to the current problem. Resident, Robert Aprati, expressed his concerns regarding the measuring points and the compliance of the Park District to resolve the lighting issue. He urged the Board to pass this amendment and stated that the Park District must fix this issue. Trustee Yusuf expressed his concerns regarding the compliance and configuration of the lights and urged the Park District to commit to a short time frame to get this issue resolved for good. He recommended that this agenda item be deferred. Trustee Tiesenga specified that he would like to move for deferral but only until to the next meeting. Trustee Manzo stated once again that he does not agree with deferral and that the issues raised by Trustee Yusuf were discussed in past. He also expressed his strong opinions about why he does not agree with the decision to defer this particular item. Trustee Cuevas wanted to clarify with Manager Ginex that the Park District lights are currently completely turned off and not shining into anybody's windows, but once they are turned back on the issue will arise. VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF NOVEMBER 12,2019 Manager Ginex confirmed that the lights are currently turned off and once they are turned back on the same issue will arise. Robert Aprati found Trustee Yusuf's statements incorrect and explained why this was the case.He also elaborated on the time frame for the Park District and recounted that the measurements have been made from the Berm for the last ten years. He also expressed his concerns regarding members of the Park District not being present at the meeting. Park Commissioner, Kevin Tan, confirmed the current compliance with the ordinance as written. Mr. Tan expressed his concerns for funding associated with installation of LED lighting and asked for some time in order come up with a better solution. Motion by Trustee Manzo,seconded by Trustee Tiesenga that the Village Board approves Ordinance S- 1583 in order to approve certain technical corrections to Ordinance S-1403 related to ball field lighting at Central Park. Motion by Trustee Yusuf,seconded by Trustee Cuevas to defer this item to the November 26,2019 meeting. ROLL CALL VOTE: Ayes: 3—Trustees Cuevas,Tiesenga,and Yusuf Nays: 2—Trustee Baar,Manzo Abstain: 0—None Absent: 1 —Trustee Saiyed Motion carried 2. Franklin 1900 Spring Road,LLC, 1900 Spring Road—Extension of Preliminary Subdivision Approval Motion by Trustee Manzo, seconded by Trustee Tiesenga that the Village Board authorize the Village attorney to prepare a resolution to extend the preliminary plat approval for the Franklin Subdivision for an additional one-year period until November 12,2020. ROLL CALL VOTE: Ayes: 5—Trustees Baar,Cuevas,Manzo,Tiesenga,and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Saiyed Motion carried 9. ACTIVE BUSINESS A. Confirmation of Appointments 1) Firefighters' Pension Fund Board—Kevin Tan Trustee Baar stated that Kevin Tan will be a great addition to the Firefighters' Pension Fund Board as he brings wealth of talent,information and career in finance. Trustee Manzo mentioned that although he does not agree with Mr.Tan on the lighting issue he will support the nomination. VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF NOVEMBER 12,2019 Trustee Yusuf said he had an opportunity to participate in the process to choose the candidates,and had many excellent choices to choose from but feels they made an excellent choice. Trustee Tiesenga thanked Mr.Tan for his willingness to participate when he is already on another board. He stated that he noticed that Mr.Tan does his homework and brings an analytical mind to the table. Motion by Trustee Baar,seconded by Trustee Yusuf to approve the appointment of Kevin Tan to the Oak Brook Firefighters' Pension Fund Board to a term to expire in April 2020. ROLL CALL VOTE: Ayes: 5—Trustees Baar,Cuevas,Manzo,Tiesenga,and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Saiyed Motion carried B. Ordinances&Resolutions 1) RESOLUTION 2019-SW-AG-R-1836,A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Flood Brothers Disposal Company (Refuse,Recyclables,and Yard Waste Collection Services) Trustee Tiesenga on the advice of counsel recused himself from the discussion and the vote and left the room. Trustee Baar stated that as a resident,he has been very happy with Republic Services for many years. He also stated that he supports the recommended motion and believes that the residents will be happy. He hopes that Flood Brothers Company will be able to match the quality of service that Republic Services has provided the Village with for many years Trustee Manzo stated that like Trustee Baar,he has been very satisfied with Republic Services and that the Village did not go out to bid due to dissatisfaction with the company or services. He fully supports the measure as it is a better proposal for the residents of Oak Brook. Michael Flood of Flood Brothers,was joined with other members of the company. He took the opportunity to express how thankful they are to be able to provide a proposal,and be awarded the agreement for residential waste pick-up services. He spoke about the family owned company and their values. Trustee Yusuf stated the he also has been satisfied with Republic Services and this type of situation needs to be presented periodically to ensure that the Board acts in the best interest of the residents they represent. He mentioned that he is confident that Flood Brothers will be able to provide the same quality of service and the residents will realize the measurable savings due to this change.He thanked Republic Services for the excellent job that they have done over the years. Manager Ginex touched base and highlighted some of the exciting things that are included in the Flood Brothers proposal. VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF NOVEMBER 12,2019 Motion by Trustee Baar,seconded by Trustee Yusuf to approve Resolution 209-SW-AG-1836 and to authorize staff,upon Village Attorney final review,to negotiate a final agreement with the proposer with the Best Overall Value to the Village,Flood Brothers Disposal Company,and to direct staff to work with Flood Brothers to begin the transition of Services including resident notification. ROLL CALL VOTE: Ayes: 4—Trustees Baar,Cuevas,Manzo,and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Saiyed Recused: 1 -Tiesenga Motion carried 2) RESOLUTION 2019-PD-MOU-ATTF-R-1837,A Resolution Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the Village Of Oak Brook and the Illinois Statewide Auto Theft Task Force Trustee Baar asked Chief Kruger to speak in regards to the Task Force and confirm that there will be no cost to the Village with this program. Chief Kruger confirmed Trustee's Baar statement,and spoke about the uptake in auto theft not only on a regional level but also local.Chief Kruger mentioned the choice of a police officer that will be assigned to this program as well as 13 other officers that will be involved. He spoke of the positive impact this task force will have on the Village,from more security to finances and mentioned the federal grant and partnering with the Village of Thornton. Motion by Trustee Baar,seconded by Trustee Cuevas that the Village Board approves Resolution 2019-PD-MOU-ATTF-R-1837 to authorize the Village Manager to sign a MOU between the Village of Oak Brook and the Village of Thornton to join the Illinois Statewide Auto Theft Task Force and authorize the Police Department to increase staffing one officer during the department's participation in the task force. VOICE VOTE: Motion carried. 10. INFORMATION&UPDATES A. Village Manager None B. Village Clerk Village Clerk stated that the Amazon store will be opening on November 13,2019. C. Trustees Trustee Yusuf thanked all who served in the armed forces.He discussed working with Bill Hudson and congratulated him on his retirement. He also spoke regarding federal grants received for the bike path improvement project and warned about staying on budget despite receipt of the grant. He also suggested that an ordinance be passed regarding the leaves issue that has been going on for years. Trustee Cuevas talked about the importance of not leaving the leaves in the street and the recent flooding issues it has caused. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF NOVEMBER 12,2019 Trustee Baar stated that passing an ordinance regarding banning leaves on the street will do nothing for the Village just like the speed limit sign on 351 Street. He wished a Happy Veterans Day to all those who served. Trustee Manzo thanked all veterans for their service. He addressed the Restoration hardware issue and stated that he is just setting the record straight about the Board doing its due diligence. He spoke about the speed limit issue on 35`h street,positive comments of Mr.Nagle and affirmed his satisfaction of everyone working together.He also warned about Springfield and his idea of the pension consolidation being a power grab. Resident Lindeman attempted to rebut comments made by Trustee Manzo but was not allowed to do so since resident comments take place in the beginning of the meeting. Trustee Tiesenga spoke of an argument in Springfield regarding the pension plan consolidation and the negative impact it will have on the police and fire pension system that is in place now.He spoke of balance between the union and management representatives. IT Director Fox updated the Board on the cell towers and notified them of Verizon reaching out to install their equipment which should be active sometime next year. Chief Kruger thanked everyone once again of recognizing the great work of the police officers who were awarded the 2019 Valor Award and the outstanding job they did in the horrific accident. He also thanked them for the support of the involvement in the task force. Public Works Superintendent Valent thanked everyone for their patience in regards to the leaf and snow removal.He spoke of the negative impact the wet leaves have on the equipment used. He spoke of the recent flooding due to leaves being left in the street. Community Development Director Budzikowski thanked Bill Hudson for all the time and knowledge gained during his years of service at the Village. D. Village Attorney None E. Village President None 10. ADJOURNMENT Motion by Trustee Cuevas seconded by Trustee Yusuf to adjourn the Regular Meeting of the Board of Trustees at 8:19 pm. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF NOVEMBER 12,2019