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Minutes - 04/14/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF APRIL 14, 2020 MINUTES OF THE APRIL 14, 2020 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 28, 2020 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 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 PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Village Attorney Michael Castaldo, Jr. ABSENT: Trustee Yusuf (arrived at 7:13 p.m.) IN ATTENDANCE: Village Manager Rick Ginex, Development Services Tony Budzikowski, Information Technology Director Jim Fox, Finance Director Jason Paprocki, Public Works Director Doug Patchin 3. PRESIDENT’S OPENING COMMENTS President Lalmalani welcomed everyone to the new way of meeting and announced that video type meetings will be protocol until further notice. He also spoke about the challenges those celebrating Easter and Passover holiday faced due to COVID-19 pandemic. Additionally, he stressed the importance of abiding by CDC and Government official guidelines, and announced freshly released statistics according to DCHD. In like manner, he spoke about the changes at the hospital he works at and provided latest information from the phone conference he had with the Governor of Illinois. President Lalmalani further encouraged everyone to support our local eating establishments by going to the Village’s website for a list of options, announced the passing of resident Marilyn Quinlan, spoke about her life and contributions to the community, expressed his condolences and asked for moment of silence. Lastly, President Lalmalani thanked Trustee Saiyed for his hard work and assistance with the Food Drive this past weekend at Christ Church. He announced pick up options and shared his concerns with the inability of the furloughed Village employees to come and participate in the Food Drive. Trustee Saiyed spoke in detail about the Food Drive and shared his concerns with the challenges of food distribution, pick up times and making sure that everyone is informed about the event. VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF APRIL 14, 2020 Manager Ginex shared the information about the Food Drive to the local establishments. 4. RESIDENT/VISITOR COMMENTS Resident Sharon Knitter, shared her hope that all Trustees and their families stay safe and healthy. She also thanked the Board for their support with the height variation for Sports Field Lighting at the Kensington Property. Lastly, she shared her appreciation for the partnership with the Village. Oak Brook Park District Commissioner, Laura Suleiman, thanked the Village for their support with the lighting variation on our Kensington property fields. She also stated that this is truly an example of commitment that both institutions share in bettering our community. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING MINUTES OF MARCH 10, 2020 Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of March 10, 2020. VOICE VOTE: Motion carried. B. SPECIAL BOARD OF TRUSTEES MEETING MINUTES OF MARCH 26, 2020 Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Special Board of Trustees Meeting of March 26, 2020. 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 April 9, 2020 - $1,474,640.19 Significant Items included in Above: 1. LEGAL SERVICES: a) Rathje Woodward, LLC - Legal Services – March 2020 – Inv.# 54660 - $370.50 b) Rathje Woodward, LLC - Legal Services – March 2020 – Inv.#54659 - $285.00 (FY20 – YTD -$7,243.20) c) Clark, Baird, Smith, LLP – Legal Services – March 2020 - $3,061.00 (FY20 YTD - $6,937.00) TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00 TOTAL LEGAL BILLS PAID FOR 2020- YTD - $40,258.50 2. BCBS PPO – Health Care Services – March 2020 - $170,385.16 3. BCBS HMO – Health Care Services – March 2020 - $39,622.39 4. Paramedic Services of Illinois – Paramedic Services – April 2020 - $52,448.00 5. Burke, LLC- 2020 Water Main & Street Improvements – Pay Request # 1 - $191,630.00 VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF APRIL 14, 2020 6. JW Turf, Inc. – Equipment Invoice- Oak Brook Golf Club - $82,658.36 7. DuPage Water Commission - March 2020 - $259,414.12 8. Pineoaks Partners, LLC - 2020 Polo Program Sponsorship - $65,000.00 9. T.P.I Building Code – March 2020- Inv. #202003 - $27,342.02 10. NuVision – Oak Brook Golf Club Renovation – Inv. #505 - $25,000.00 11. DCVP-Co-Op Advertising – January-March - Inv.#4467 - $63,963.00 12. Christopher B. Burke Engineering, LTD. – Harger Rd. Bike Path – March 2020 - $27,649.00 13. Baker Tilly Virchow Krause LLP – Financial Audit Services - $20,000.00 TOTAL DUPAGE CONVENTION & VISITORS BUREAU BUDGET FOR 2020 - $192,020 TOTAL PAID FOR 2020 - $110,626.39 B. Approval of Payroll for Pay Period Ending: March 21, 2020 - $791,524.07 C. Ordinances & Resolutions 1. RESOLUTION 2020-PW-SC-TREE-R-1857, A Resolution Waiving Competitive Bidding and Authorizing the Execution of a Contract Between the Village of Oak Brook and Homer Tree Care, Inc. in Relation to the Removal of Buckthorn, Ash Trees, and Other Dead Trees Along the Sports Core Property 2. ORDINANCE 2020-BU-AMEND-ND-S-1599, An Ordinance Authorizing Amendments and Transfers Among Budget Line Items the Village of Oak Brook, Illinois 3. RESOLUTION 2020-ENG-AG-VRS-IMPROVE-R-1869, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Burke, LLC. for the Brook Forest Water Main Improvements - Phase 2, Sports Core Water Main Improvements, and the 2020 Street Improvements 4. RESOLUTION 2020-PW-CNTRCT-HYDPNTG-R-1870, A Resolution Waiving Competitive Bidding and Approving and Authorizing the Award and Execution of a Contract With Cryder Enterprises, Inc. for Fire Hydrant Painting Services 5. RESOLUTION 2020-PW-CONTRCT-GRADALL-R-1871, A Resolution Waiving Competitive Bidding and Approving and Authorizing the Award and Execution of a Contract with Western Gradall Corp. for Gradall Services 6. RESOLUTION 2020-ENG-AG-FNDS-DSGN-R-1872, A Resolution Authorizing and Approving the Execution of an Agreement By and Between The Village Of Oak Brook and Christopher B. Burke Engineering, Ltd. for the Sports Core OSLAD Improvements and Bath & Tennis Shoreline Stabilization Project VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF APRIL 14, 2020 7. ORDINANCE 2020-EASE-WM-TLWYBRG-S-1600, An Ordinance Approving and Authorizing the Execution of an Easement Agreement By and Between the Village of Oak Brook And Pembroke 2001 York, LLC D. Village of Oak Brook – Monthly Financial Reports February - 2020 Motion by Trustee Baar, seconded by Trustee Manzo to approve the Consent Agenda, and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None 8. BOARD & COMMISSION RECOMMENDATIONS A. 1315 and 1425 Kensington Road – Height Variation for Sports Field Lighting Park District Attorney, Steven Adams, thanked the Board for their support and assistance. He also thanked the staff on preparing and submitting the request. Motion by Trustee Baar, seconded by Trustee Manzo that the Village Board concurs with the recommendation from the Zoning Board of Appeals (ZBA) approving the height variation to Section 13-5-4.D of the Zoning Regulations to permit and allow six (6), 80’ high light poles on ball fields One and Two, subject to the following: 1. The proposed ball field lights shall be constructed in substantial conformance to the approved plans as submitted; 2. The field lights will be “turned-off” if there are no activities planned on the fields; 3. The lights will be controlled by automatic timers, which will only allow use from dusk until 10:30 pm. In addition, from December 15th through the last day of February of each year, the lights will be “turned off” at 9:30 pm; 4. Light levels shall comply with the Building Code Amendment 302.15 Maximum Line of Sight Illuminance at Any Vertical Plane Boundary and not exceed 0.3 foot- candles along the adjacent property lines; 5. An as-built photometric plan shall be submitted to the Village after the installation of the light poles; 6. A lighting level survey/verification review shall be conducted at the second year anniversary of the light installation and after a significant change to the light poles. A significant change is considered to be a modification that will require a building permit; 7. Notwithstanding the attached exhibits, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived; and VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF APRIL 14, 2020 8. Authorize the Village Attorney to prepare the necessary ordinance granting the requested height variation for approval and adoption at a future Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried B. Oak Brook Park District, 1315 and 1425 Kensington Road - Fee Waiver Request for Zoning Variation Application Fee Trustee Saiyed stated that he spoke with Ms. Kosey, and she indicated that she would like to pass on the fee waiver because of the current economic situation and the Park District does not want any favors. President Lalmalani asked if Manager Ginex has the official word from the Park District on the subject of the fee waiver. He also asked Director Budzikowski and Village Attorney Castaldo for the proper voting procdure under current circumstances. Conjointly, he announced that the Park District Attorney Adams’ request to withdraw the motion has been granted. Manager Ginex stated that he spoke to Ms. Kosey as well, and was informed that if the fee was not amendable to the Board that the Park District would be willing to pay the regular fee amount. Trustee Yusuf stated that he also spoke with Ms. Kosey, and explained to her that under normal circumstances a fee waiver would be feasible. However, with the current challenges the Board is facing due to the pandemic, they would be sending a wrong type of message if they agreed to waive the fee. Therefore, pursuant to the conversation he had with Ms. Kosey, he is not in favor of granting this relief. Additionally, Trustee Yusuf asked if the current motion needs to be voted down or amended. Trustee Tiesenga thanked President Lalmalani for the opportunity to speak and Park District Attorney for joining the meeting. He stated that although he very much enjoys working with the members of the Park District, he agrees with Trustee Yusuf’s comments and is also against the fee waiver at this time. Trustee Baar stated that he could pull the motion rather than voting it down due to the fact that Ms. Kosey had also left a voicemail stating that the Park District would be willing to pay the full fee. Park District Attorney, Steven Adams stated that on behalf of the Park District and the extraordinary circumstances the Board’s position and decision on the subject matter is completely understood. Moreover, he thanked the Board for their time and consideration VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF APRIL 14, 2020 regarding waiving of fees. Lastly, he stated in order to help with the Board’s procedural aspect, he has the authority and would like to completely withdraw the motion. Village Attorney Castaldo stated that he would prefer for the request to be withdrawn. Motion by Trustee Baar, seconded by Trustee Yusuf to discuss if the Village Board is amenable to continuing the fee waiver practice as outlined in Title 1, Chapter 14, Section 2 of the Village Code, I would recommend approving a fee waiver for the Park District’s application fee in the amount of $750.00 Motion was withdrawn, and postponed indefinitely. C. Village of Oak Brook – Text Amendment to Zoning Regulations to Add Outdoor Dining Areas for Restaurants as a Permitted Use in Business Districts and Office Research Assembly Districts Motion by Trustee Baar, seconded by Trustee Tiesenga to discuss the Text Amendment to Zoning Regulations to Add Outdoor Dining Areas for Restaurants as a Permitted Use in Business Districts and Office Research Assembly Districts Director Budzikowski gave a brief overview of the history of the amendment and explained in detail the reasons for bringing up the amendment again. He further explained the benefits, the process of obtaining permits for the outdoor dining areas and the type of businesses that would be affected by the amendment. Trustee Yusuf spoke about the past process for anyone seeking special use permits and stated that he is in favor of the text amendment. Motion by Trustee Baar, seconded by Trustee Yusuf that the Village Board Concurs with the recommendation from the Zoning Board of Appeals (ZBA) approving the text amendment request to add Outdoor Dining areas for restaurants as a permitted use to Chapter 7 Business Districts and Chapter 10 Office Research Assembly Districts of the Zoning Regulations in accordance with the accompanying Draft Ordinance. This recommendation is subject to the following: 1) Zoning amendment factors provided in the petitioner’s application material (case file pages C-C.1). 2) Authorization for the Village Attorney to prepare the necessary ordinance granting the requested text amendment for approval and adoption at the April 28, 2020 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF APRIL 14, 2020 9. ACTIVE BUSINESS A. Public Safety Pension Actuarial Results Trustee Yusuf reminded everyone that the Public Safety Pension Actuarial Results are brought up and discussed in detail every year in order to properly plan for the future. He also spoke regarding his findings based on the results provided by Director Paprocki. Director Paprocki spoke regarding major changes, the contributions, the eliminated items and the effects all the changes had on calculations presented to the Board in this year’s results. He further explained that the current report holds only assumptions and once the Department of Insurance releases their numbers, mid-summer, the results will be adjusted accordingly and brought back to the Board to be voted on. Trustee Manzo clarified that the current report is only a preliminary indication and suggestion of contributions, and that another discussion will take place at a later time and date. Moreover, he recounted recent discussion with Manager Ginex and Trustee Saiyed on the subject of contributions and shared his concerns with usage and replenishment of the reserve fund. Furthermore, he proposed a one-year plan of lowering the contributions by a specific percentage based on recommendations from Department of Insurance. Manager Ginex spoke about the discussion mentioned by Trustee Manzo and stated that the idea of making a one-time lower contribution should be considered as a backup plan in case of excessive or unexpected prolonged expenditures. Trustee Baar spoke regarding past decisions made based on assumptions made by the early results of data provided. He also shared his concerns with making a lower contribution even if it is only for one year. Additionally, he spoke in favor of using the reserves in the efforts of maintaining contributions at the same level as it is now. President Lalmalani stated that although he is in agreement with Trustee Baar’s comments, the Board has to take current situational circumstances into consideration. Trustee Saiyed spoke in support of taking the approach of making a lower contribution for this year only. He also shared his observations Police and Fire contributions results are in comparison to statewide calculations. Trustee Tiesenga addressed previously proposed ideas and comments by explaining his rationale behind the mathematics of making lower contributions. Additionally, he supplied a detailed explanation of the negative effects of the Pension Reform and Pension Consolidation that are currently in place. Furthermore, he scrutinized over the Police Pensions, Police annual report results, the lesser amount of work by Police officers, current size of the Oak Brook Police task force and the denial of any type of relief from the Police Union. Consequently, he announced that he will vote in favor of a reduced contribution once the time comes. VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF APRIL 14, 2020 Trustee Yusuf announced that he is in agreement of temporary reduction in contribution, especially due to instability of current economics, however, it would be equally important to return to current contribution amounts as soon as that option would become viable. Trustee Cuevas stated that he is in agreement with the temporary proposed reduction in contribution because the Village has to be cautious at an unprecedented time such as this one. Nevertheless, he spoke in opposition of Trustee Tiesenga’s comments by providing specific examples of most recent calls and crimes. He said that although there is a little bit of less work out there, crime does not stop and these people are putting themselves and their families in danger due to immediate exposure especially in situations where calls come in for medical attention. President Lalmalani reminded everyone that the vote is only on the Actuarial Results presented by Director Paprocki at this time. Motion by Trustee Yusuf, seconded by Trustee Manzo that the Village Board accepts the proposed actuarial assumptions and results of the Police and Firefighters’ Pension Funds for inclusion in the 2019 Comprehensive Annual Financial Report (CAFR). ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. B. Financial Discussion: Economic Impact to 2020 Budget President Lalmalani asked Trustee Manzo to lead off the discussion. Trustee Manzo stated that as mandated by President Lalmalani, he met with Manager Ginex and Trustee Saiyed to discuss different options of being proactive with the finances. Furthermore, he spoke of current financial challenges the Village is facing and the possible creative solutions to cut the budget without hurting services for residents of Oak Brook. Trustee Saiyed spoke of the need for further exploration of different ideas and opportunities. Moreover, he shared his thoughts about current savings amount and asked Manager Ginex to confirm that. Additionally, he suggested that the Trustees make a sacrifice as well by giving up their earned salaries for the meetings, and the President takes a salary cut. Lastly, he thanked Public Works Director Patchin for a very generous gesture of providing 3 furlough days from his department. Manager Ginex stated that the amount provided by Trustee Saiyed is correct but Director Paprocki would be able to provide a confirmation. He also stated that Director Paprocki will be able to attest to a good sales tax month that we just had resulting in significant VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF APRIL 14, 2020 surplus. Moreover, he answered President Lalmalani by stating that every decision made over the course of the last few weeks, although some very difficult, was looked at as phased approach in getting things done as needed in order to see the direction that summertime takes. Additionally, Manager Ginex spoke about preparation of calculations to send to IMRF for the possibility of bringing an early retirement option to the Board in the near future. He also thanked his Department Directors and staff his employees by stating that although this is a very difficult thing to go through, everyone stepped up and he could not be more proud. Finance Director Paprocki provided clarification on assumed savings, and confirmed that there was a significant overall increase in April. President Lalmalani shared his appreciation and gratitude to Village Manager Ginex and Finance Director Paprocki for their hard work and making the necessary cuts. Additionally, he thanked all Village employees and shared his hopes of the situation being only a short lived and temporary one. He also shared his hopes for bringing back all furloughed employees sooner rather than later. Moreover, he addressed the compensation contribution by stating that as a true leader he will follow what is decided by the Trustees. Lastly, h e thanked Public Works Patchin for his help with offering additional furlough days from his department. Trustee Baar stated that he is in agreement with compensation contribution for his Board work. He went on to thank the President for kind remarks, and stated that Manger Ginex’s expertise and experience, having gone through similarly financially difficult situations in the past, gives him a unique ability to handle this situation in a manner that still moves the Village forward. Further, he stressed on ability to get bids for infrastructure spending in order for the Village projects to keep moving forward. Trustees Cuevas, Manzo, Saiyed, Tiesenga agreed to compensation contributions as well. Trustee Yusuf stated he also agreed to the compensation contribution and shared his thoughts on all the financial decisions made in order to maintain financial solidity and prepare the Village to whether the storm. He further spoke of the uncertainty of the financial impact the Village is facing due to the unclear timeframe the pandemic will take. Public Works Director Patchin stated that the decision to provide 3 furlough days was idea of the employees who understand the tough times and wanted to provide assistance. He said that he will pass the message of appreciation along to the employees. 10. ADJOURNMENT Motion by Trustee Manzo seconded by Trustee Yusuf to adjourn the Regular Meeting of the Board of Trustees at 7:55 p.m. VOICE VOTE: Motion carried. ATTEST: VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF APRIL 14, 2020 /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk