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Minutes - 06/09/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 7 REGULAR MEETING OF JUNE 09, 2020 MINUTES OF THE JUNE 09, 2020 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 14, 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, Information Technology Director Jim Fox PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Michael Manzo, Moin Saiyed, Edward Tiesenga, Asif Yusuf ABSENT: Trustee Philip Cuevas arrived at 7:31 pm IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Village Manager Rick Ginex, Development Services Tony Budzikowski, Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, Village Attorney Michael Castaldo, Jr., and HR Director/ Deputy Clerk Kathy Vonachen 3.PRESIDENT’S OPENING COMMENTS President Lalmalani thanked everyone for joining the meeting, spoke of a possibility of an in-person meeting in July, First Amendment rights, addressed the recent events and civil unrest and asked for a moment of silence for all who have lost their lives in the last few weeks. Secondly, he asked everyone to stand together against ignorance, intolerance and hatred and instead encouraged everyone to work together towards peace and justice. Next, President Lalmalani thanked Village Manager Ginex for helping with the opening of the Command Center, DuPage County Sheriff James Mendrick for staying on top of everything in these trying time and mentioned DuPage County State Attorney Robert Berlin. He also thanked the Village’s First Responders for their diligence and hard work keeping the Village safe and asked Police Chief Kruger to speak regarding the recent events that took place within the Village limits. Additionally, President Lalmalani spoke about the coping with the restlessness of the Village residents and Homeowners Association Presidents due to current ongoing events. Furthermore, he announced the retirement of Fire Lieutenant Mike Erickson, shared an update on Coronavirus statistics in the Village as well as the County. Lastly, he shared his enthusiasm and hopes for quicker reopening of the local economy and expressed his concerns for a surge in cases due to all the protests. Finally, President Lalmalani announced the reopening of the 2020 Oak Brook Polo Season and thanked Trustees Baar and Tiesenga for being liaisons to the Oak Brook Polo. Trustee Saiyed chimed in stating that there has been a surge of new Coronavirus cases in Texas and California since both states have fully reopened, thus urging extreme caution. ITEM 5.A VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF JUNE 09, 2020 Police Chief Kruger stated that the lawlessness and egregious behavior seen all over the country including the City of Chicago will not be tolerated within the Village perimeters. He also shared the initial concerns for the main shopping districts, local business and explained the precautionary measures that were taken by the VOB Police Department. Next, he thanked the staff for tremendous work and commitment they showed during this time. He also thanked the community for their colossal support, Sherriff’s staff for all of their efforts and support and shared his appreciation for residents that came by to show their gratitude toward law enforcement during this time. Moreover, Police Chief Kruger spoke regarding most recent peaceful demonstrations and maintaining vigilance. Manager Ginex stated that discussions took place in order to alleviate the abundance of presented fears, and spoke about the appreciative phone calls received by the Village from residents and the business community towards the police Department. Fire Chief Liss talked about an extraordinary number of achievements accolades that Fire Lieutenant Erickson had established throughout his career, announced two new promotions and congratulated both of those individuals. Trustee Tiesenga shared his thoughts about the role that the Oak Brook Polo plays on the Village. Trustee Baar spoke about the connection between the Village and Polo. He also spoke about the hard work and dedication of Managing Director Daniel O’Leary to get the season moving. 4. RESIDENT/VISITOR COMMENTS Resident and President of Midwest Chase HOA, James E. Pehta spoke regarding concerns with the approval of 3324 Roslyn Road recommendation and made arguments as to why this item should not be approved. Resident of Midwest Chase subdivision and a member of Midwest Private Roadway Association, Marilyn Smrcina shared her concerns with approval of the Resubdivision. She also shared her opinions regarding the property owners of the 3324 Roslyn Road. President Lalmalani asked for a clarification regarding the effected properties. Resident and President of Saddle Brook Community Association, Alan Koren thanked the Board for the opportunity to speak and spoke in detail regarding his concerns with Plan Commission approval of Resubdivision of 3324 Roslyn Road and urged the Board to look at the matter in greater detail. Resident Ray Cesca, shared newly obtained updates regarding 5G deployment, where to find RF exposure on Apple devices and urged the Board to work on repealing Bill 1451. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING MINUTES OF MAY 26, 2020. Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of May 26, 2020. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF JUNE 09, 2020 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 June 4, 2020 - $651,900.33 Significant Items included in Above: 1. LEGAL SERVICES: a) Lamp Law LLC - Legal Services – May 2020 - $3333.33 (FY20 YTD - $17,014.99 ) b) Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C – March 2020 – $52.50 (FY20 YTD - $157.50 ) TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00 TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $72,193.16 2. Burke, LLC – 2019 Street Improvement Project – Pay Request #4 – May 2020 - $61,734.76 3. Burns & McDonnell Engineering Co., Inc. – Engineering Services - April 2020 - $21,032.25 4. DuPage Metropolitan Enforcement Group Contributions for 2020 - $21,320.00 5. BCBS HMO – Health Care Services – June 2020 - $39,147.24 6. BCBS PPO – Health Care Services – April 2020 - $118,694.27 7. BCBS PPO – Health Care Services – May 2020 - $163,705.51 B. Approval of Payroll for Pay Period Ending: May 30, 2020 - $824,290.73 C. Authorization to Seek Bid or Proposals or Negotiate Contracts 1. Audit –RFP D. Ordinances & Resolutions 1. RESOLUTION 2020-JS-AG-R-1882, A Resolution Approving an Amendment to the Agreement By and Between the Village of Oak Brook and Perfect Cleaning Service Corp. to Provide Janitorial Services 2. RESOLUTION 2020-SC-PG-R-1883, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of Ice Machines at Sports Core Properties Through Trimark Marlin, LLC 3. RESOLUTION 2020-LY-R-1885, A Resolution Authorizing and Directing the Oak Brook Public Library to Participate in the Non-Resident Library Card Program from July 1, 2020 to June 30, 2021 E. Authorization to Pay Bills a Second Time Due to Meeting Cancellations Motion by Baar, seconded by Trustee Saiyed to approve the Consent Agenda, and authorize expenditures as presented or amended ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF JUNE 09, 2020 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. UNFINISHED BUSINESS A. BOARD & COMMISSION RECOMMENDATIONS 1. 3324 Roslyn Road – D & S Estates Resubdivision of Lot 1 – Two (2) lot Subdivision - Final Plat President Lalmalani asked Trustee Manzo to read and present the appropriate motion for the Resubdivision. He also asked for a confirmation of Trustee liaisons for the Plan Commission, asked Director Budzikowski to answer Trustee Saiyed’s question regarding Plan Commission vote of approval for this matter. Additionally, President Lalmalani asked for a clarification regarding the process of plans going through the Homeowner’s Association and the Architectural Committee prior to documents going in front of the Plan Commission. Trustee Manzo asked for another Trustee to present the motion as he in opposition of this matter and will be voting against it. Furthermore, he declared detailed reasons for disapproving the motion, explained what it would take for Homeowner’s Associations to be involved in the process, spoke up in their favor and shared his concerns with flag lots in association with the future of the Village. Trustee Tiesenga made a motion to reject the recommendation from the Planning Commission. Trustee Saiyed asked Director Budzikowski for reasons why the Plan Commission chose to pass the approval of the Resubdivision with all of the active concerns. Director Budzikowski stated that the petitioner is present and should have an opportunity to speak prior to a vote. He then, explained to Trustee Saiyed that the Subdivision Plat complies with the Village’s comprehensive plan, underlying zoning in the district, that it is a code compliance subdivision and all other issues would be resolved during the process of obtaining any permits. Director Budzikowski also spoke about the uniqueness of this particular subdivision and clarified that the Subdivision Plats do not normally require a review or approval from a Homeowner’s Association. Furthermore, Director Budzikowski stated that he has several conversations with the owner of the property and both him and his attorney, Peter Dressler were present at the last Planning Commission meeting and would like to present relevant documents regarding the issue. Trustee Yusuf stated that he is on the Storm Water Committee, that the regulations the Village enforces are very strict and further explained the requirements for the ‘full wave community’ and how it pertains to this Resubdivision. He also said that the Board needs to be cautious with the enforcement of stricter rules for this particular case. Additionally, he shared his opinions on how the flooding situation for the area can be fixed, addressed all other concerns mentioned during the meeting and referenced the completed GIS survey. Furthermore, he stated that he is for a pro practical approach do what is right and fair. VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF JUNE 09, 2020 Attorney Peter Dressler, thanked the Board for the opportunity to speak and addressed all the concerns mentioned by the Trustees and the residents. Resident Pehta stated that originally he did approve of the residence, however, after asking the Midwest Chase residents bigger half of them are opposed to the proposal, he addressed other major concerns including the storm water retention and the access to the property lots. Trustee Tiesenga addressed the accuracy of the provided records, stated his observations as to the history of the property and shared his opinions regarding the homeowner’s real intentions for the lots. He also identified his concerns with adding more flag lots, Fire Chief Liss’s concerns regarding ease of access in case of emergencies and stated that the Midwest Chase residents shared their concerns in writing. Furthermore, he spoke in detail about the Planning Commission’s approval process for this type of recommendations, the required ‘restrained good taste’ in the Village, explained his understanding of the language used in the Village’s Ordinance and why the Board has the option to reject the recommendation. Trustee Baar spoke regarding the Plan Commission recommendations, and shared his opinions on the matter referencing GIS map and York Woods subdivision. Trustee Cuevas said that he agrees with everything that all the other Trustees have said and that he approves the motion to deny the recommendation. Motion by Trustee Tiesenga, seconded by Trustee Manzo that the Village Board denies the recommendation from the Plan Commission (PC) to approve a two (2) lot Final Plat of Subdivision for 3324 Roslyn, subject to the following conditions: 1. A storm water management area be constructed for both lots as part of the first building permit; 2. Modifications (as necessary) to the subdivision plat certificates to ensure that storm water maintenance responsibilities are properly addressed; 3. Final engineering approval of the final plat of subdivision; and 4. Authorization for the Village Attorney to prepare the necessary resolution approving and adopting the final plat of subdivision at the July 14, 2020 Board of Trustees meeting. ROLL CALL VOTE: Ayes: 4 – Trustees Baar, Cuevas, Manzo, Tiesenga Nays: 2 – Trustees Saiyed and Yusuf Abstain: 0 – None Absent: 0 – None Motion carried. 9. ACTIVE BUSINESS A. Liquor License Fee for Establishments Manager Ginex informed everyone that the Liquor License renewal notices have been mailed out. He also explained payment schedule and the Board recommendation for a discounted rate on the Liquor Licenses only for business that have been closed due to COVID-19. Trustee Manzo shared his enthusiasm and appreciation for the Board being so understanding during these financially difficult times and for working with the small businesses. He also stated that he has been hearing a lot of appreciation from the business community. Additionally, he stated that he supports this decision. VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF JUNE 09, 2020 Trustee Yusuf confirmed that the discount would only be applied to the businesses that have been shut down and not ones that have remained opened through the pandemic. Trustee Baar stated that this nice gesture shows the local businesses that the Board understands and appreciates everything they do for the Village. President Lalmalani stated the many businesses shared their appreciation and applaud the Trustees for their understanding during these unprecedented times. Motion by Trustee Yusuf, seconded by Trustee Manzo that the Village Board Approves Resolution 2020-FI-COVID-19-R-1884, A Resolution Providing for Financial Assistance in the Form of a Reduction of the Annual Liquor License Fee for Those Respective Businesses or Establishments Closed as a Result of COVID-19. 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. Bath and Tennis Roof Replacement Discussion Trustee Baar spoke about the accomplishments the Marketing & Event Manager, Marianne Long, has been able to attain over a 5-year period despite issues with the roof leaks that sometimes occur during the events themselves. Moreover, he made statements about the repairs that have been completed in the past, made suggestions as to when a good time would be to make a complete roof replacement and made arguments as to why that is. Additionally, he spoke about lost revenues due to mandatory closures and strongly urged the Board to take the matter under serious advisement stating that this is something that needs to get fixed in order to prevent further loss of revenue. Trustee Saiyed shared his concerns with the received quotes for the roof repairs, made suggestions regarding cost reductions, and asked Director Patchin to provide a guesstimate on repairs while including the previously discussed ideas. Director Patchin thoroughly explained the current situation and instability of the roof, options provided by the roofing contractor, and discussed options that the Village may be able to execute in order to save some money. He also asked the Board to provide a direction on the type of roof that would be acceptable in order to obtain accurate quotes on the projects. He further explained that the repairs were originally set to go on the 2021-2022 budget, however, problems started early and just fixing and patching the leaks is doing more damage each time someone has to go up on the roof. Moreover, he explained the current patching schedule and findings that need to be addressed sooner rather than later. Trustee Yusuf shared his thoughts on the type of roof that would not be feasible for this scenario and, made detailed suggestions for practical options in current situation. He also urged the Board to think about the financial stability and utilization of the building prior to moving forward. Trustee Manzo thanked Director Patchin for looking at different options and attempts at minimizing costs. He further spoke about the current budget and the effects of financial stability due to the pandemic. Furthermore, he shared his concerns with the current bids, positive financial changes over VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF JUNE 09, 2020 the last 5 years to the Bath and Tennis and shared his hopes for higher numbers in the future. Additionally, he stated that he is agreement with Trustee Yusuf in regards to finding a cost effective way for the repairs if the Board chooses to retain the facility. Trustee Tiesenga asked Director Patchin if the repairs were included in the reserve study, asked Director Paprocki if there was a possibility of using the hotel tax money for these repairs and suggested that since the metal roofs such a long lifespan it may be worth keeping as an option in the analysis. Director Paprocki answered Trustee Tiesenga’s question by stating that although that question has come up quite a bit in the past, he does not know the answer and believes that the Village Attorney, Castaldo, may be better equipped to provide an answer on the subject matter. President Lalmalani asked the Village Attorney, Castaldo to address Trustee Tiesenga’s question regarding the usage of funds from the collected hotel tax. He also addressed the Trustees asking if the Board needs to keep the Bath & Tennis facility or can the patch up jobs be completed until the Board reaches a consensus on the subject. Additionally, he asked Director Patchin to prepare a report for the next meeting that has a high quality product at a low price. Village Attorney Castaldo stated that usage of the tax hotel funds may not be something that is allowed however, he will look further into the matter. Trustee Cuevas spoke about insurance rates in relation to older roofs, shared his thoughts on consequences that the Village will have to endure if the roof is not fixed and stated that this is a long term investment that will pay for itself in just a few short years. He also said that if the Board chooses to take on this project it needs to be done sufficiently. Moreover, he warned about possible resident outrage if the facility is closed and not repaired and spoke about the positive turnaround that has happened over the last few years. Lastly, he stated that he is in agreement with getting the high quality materials and labor at cost effective pricing. 10. ADJOURNMENT Motion by Trustee Baar seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 9:01 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk