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Minutes - 10/13/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 6 REGULAR MEETING OF OCTOBER 13, 2020 MINUTES OF THE OCTOBER 13, 2020 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 27, 2020 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Upper Level Conference Room of the Butler Government Center at 7:03 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, Village Manager Rick Ginex, Information Technology Director Jim Fox, Village Attorney Steve DiNolfo PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Asif Yusuf ABSENT: None IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Development Services Tony Budzikowski, Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, HR Director/ Deputy Clerk Kathy Vonachen 3. PRESIDENT’S OPENING COMMENTS President Lalmalani greeted everyone joining the meeting, spoke about an increase in Coronavirus cases in many counties in Illinois, including DuPage and reminded everyone to follow the protocols given by the IDPH. Next, he spoke about rules for celebrating Halloween and where further information can be found regarding trick or treating guidelines. After that, President Lalmalani spoke about the month of October being a breast cancer awareness and encouraged screening and taking precautionary measures in fight against the disease. Lastly, he encouraged everyone to exercise their right to vote in the upcoming general election, mentioned location for early voting and advised everyone to reach to Clerk Pruss with any questions. Clerk Pruss explained the location of the closest voting site and further encouraged everyone with questions regarding voting to reach out to her. 4. RESIDENT/VISITOR COMMENTS None 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 22, 2020 Motion by Trustee Baar, seconded by Trustee Saiyed to approve the Minutes of the Regular Board of Trustees Meeting of September 22, 2020. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 6 REGULAR MEETING OF OCTOBER 13, 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: October 08, 2020 - $1,223,189.00 Significant Items included in Above: 1. LEGAL SERVICES: a) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2020 - $10,863.60 (FY20 YTD - $8,4760.39) b) Lamp Law, LLC. - Legal Services – September 2020 - $3,333.33 (FY20 YTD - $30,348.31) c) Rathje Woodward, LLC. – September 2020 - $100.50 (FY20 YTD - $9,678.44) TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00 TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $183,415.58 2. Burke, LLC. – Salt Storage Facility & Final Work Site – Pay Request #3 - $271,980.50 3. Burke, LLC. – 31st & Jorie Directional Sign and Flag Poles – Pay Request #1 - $114,272.70 4. Mayer Brown LLP. – Water System Sale – Inv.#35972773 - $86,006.25 5. Resident Demolition Bond Fee 3207 York Rd. - $35,760.00 6. T.P.I – Plan Review and Inspections - Inv.#202009 - $31,260.87 7. Homer Tree Care Inc. – Tree Removal - Inv.#42075 - $105,000.00 8. Paramedic Services of Illinois – October 2020 - $60,049.12 9. BCBS HMO – Health Care Services – October 2020 - $46,082.56 B. Approval of Payroll for Pay Period Ending: 1. September 19, 2020 - $ 870,025.04 2. October 03, 2020 - $817,800.56 C. Ordinances & Resolutions 1. RESOLUTION 2020-ENG-DSGN-AG-EX-R -1902, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Burke, LLC. Sports Core Watermain Improvements 2. RESOLUTION 2020-FIN-CNTRCT-AUD-R-1903, A Resolution Approving and Authorizing Award of Contract to Sikich, LLP for Auditing Services 3. RESOLUTION 2020-PW-SALT-PG-R-1904, A Resolution Approving the Purchase of Deicer Salt From Cargill, Inc. and Compass Mineral International, Inc. 4. RESOLUTION 2020-PD-PG-R-1905, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Watch Guard Video, Inc. 5. RESOLUTION 2020-MFT-ST-IMPROVE-CNTRCT-R-1906, A Resolution Approving and Authorizing the Execution of a Construction Contract for the 2020 MFT Street Improvement Project By and Between the Village of Oak Brook and K-5 Construction Corporation VILLAGE OF OAK BROOK MINUTES Page 3 of 6 REGULAR MEETING OF OCTOBER 13, 2020 Motion by Trustee Baar, seconded by Trustee Manzo to approve the Consent Agenda, with the exception of Items 6.A.2., 6.A.3., 6.A.4., 6.A.7., and 6.C.1., 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 Items. 6.A.2 Burke, LLC. – Salt Storage Facility & Final Work Site – Pay Request #3 - $271,980.50 & 6.A.3 Burke, LLC. – 31st & Jorie Directional Sign and Flag Poles – Pay Request #1 - $114,272.70 Trustee Manzo shared his concerns with making two separate payments to a company that has two entities, stated that although the company does excellent work for the Village he has concerns with a possible conflict of interest due to the set up the company and the payment process. After that, he thanked Public Works Director Patchin and Village Attorney DiNolfo for offering to further investigate the matter. Public Works Director Patchin explained in detail how the company operates and his views on the current set up of one company as subsidiaries. He further reiterated the savings the Village gained by working with the company. Moreover, he stated that he is unaware of any conflict of interest with the current or past workflow of the projects with this engineering company however, he will look further into the matter. He also explained the involvement of Public Works in each completed project by the said engineering company and informed about the last experience he had with going out for bids. President Lalmalani asked Village Attorney DiNolfo to comment on Trustee Manzo’s concerns and to explain whether there is an issue that the Village should be concerned about. Village Attorney DiNolfo explained that having two separate divisions does not create a conflict in itself and that there are other companies with subdivisions that work with the Village. He further explained that now is not the time to look for a conflict of interest and that the Village has an obligation to honor the terms and conditions of the approved and signed agreements. Lastly, he explained the competitive bidding process and possible issues that arise with that. Trustee Yusuf spoke in agreement with some of Trustee Manzo’s comments, spoke of obligation to honor the current agreements, shared his assumptions on the matter and spoke about the significant savings brought forth by the company. He also shared his opinions about the company’s involvement in helping to obtain grant money for the Village projects. Trustee Saiyed asked Trustee Tiesenga to share his concerns since the matter was originally brought up by him at the past meetings. Trustee Tiesenga shared his concerns at the beginning of his candidacy as a Trustee with using only one engineering company and spoke of the company’s involvement in Springfield. He then explained his opinions regarding the current circumstances and urged caution moving forward with the same process while keeping in mind accountability, management and responsibilities the Board has to the Village residents. VILLAGE OF OAK BROOK MINUTES Page 4 of 6 REGULAR MEETING OF OCTOBER 13, 2020 Motion by Trustee Manzo, seconded by Trustee Baar, that the Village Board extracts items 6.A.2 & 6.A.3, for discussion and approval of payments to Burke, LLC in the amounts listed. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried Item. 6.A.4 Mayer Brown LLP. – Water System Sale – Inv.#35972773 - $86,006.25 Trustee Manzo stated his reason for extracting the item. Trustee Tiesenga reminded everyone that the payment for this item comes out of the money that the vendor has put out and not the Village’s budget. Motion by Trustee Manzo, seconded by Trustee Baar, that the Village Board extracts item 6.A.4, for discussion and approval of payment to Mayer Brown LLP. in the amount listed. ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Saiyed, Tiesenga, Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried Item 6.A.7 Homer Tree Care Inc. – Tree Removal - Inv.#42075 - $105,000.00 Trustee Manzo asked Public Works Director Patchin about the bid process for the tree removal services. Public Works Director Patchin explained the length of time and reasons the Village has been using this particular company. Trustee Baar spoke in agreement with Public Works Director Patchin’s comments regarding the pricing and services of this company opposed to others previously considered. Motion by Trustee Manzo, seconded by Trustee Baar, that the Village Board extracted item 6.A.7, for discussion and approval of payment to Homer Tree Care Inc. in the amount listed. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried Item 6.C.1 RESOLUTION 2020-ENG-DSGN-AG-EX-R -1902, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Burke, LLC. Sports Core Watermain Improvements Trustee Saiyed stated that due to current circumstances and financial uncertainties the Village should put all projects on hold until next year. He further explained his reasons for wanting to defer this project and shared his concerns with any type of financial stability over the next several months. VILLAGE OF OAK BROOK MINUTES Page 5 of 6 REGULAR MEETING OF OCTOBER 13, 2020 He also asked about the current balance in the water fund, the total cost of the Brook Forest project and spoke about the current financial state of the Oak Brook Mall once again urging a deferral of the project until the Village gains a better perspective on the financial situation. Trustee Baar asked Public Works Director Patchin to provide an explanation regarding the necessity of the watermain project and share his opinions regarding the deferral and cost of the project. Public Works Director Patchin explained that the money for this particular project comes out of a water fund which gets replenished every month with water payments and that this project was previously budgeted for. He further elaborated on the urgency and pricing for the project. Moreover, she shared in detail of what the work would entail, the specific areas that would be effected by the work and the negative effects of delaying this particular project until a later date. Next, Public Works Director Patchin explained that the County does not allow any work during certain winter months unless it’s for an emergency and addressed Trustee Manzo’s question by explaining the projected timeframe of the project. President Lalmalani shared his understanding of the project based on previous conversations with Village Manager Ginex, confirmed his understanding for a sense of urgency conveyed by Public Works Director Patchin and further spoke about the uncertainty of the financial future for the Village. Next, he asked about the amount of money spent on the recently approved Brook Forest Project. Finance Director Paprocki stated that the numbers for the Brook Forest project are not in yet as the project has not been completed. Trustee Baar shared his thoughts and opinions on the set up and structure of different fund accounts within the Village and explained the operations of the water fund. Thereafter, he compared the difference in contractor pricing to the Bath & Tennis roof quotes received at different times over the last year and urged the work to be completed sooner rather than later mainly due to available savings. Trustee Tiesenga answered Trustee Saiyed’s inquiry about the current balance of the water fund. Trustee Manzo shared his content with a strong water fund, shared his opinions on the deferral of the project and the financial perspectives the Village is facing. He also urged caution around further expenditures and asked about a timeframe for the completion of the watermain project. Trustee Yusuf asked for a confirmation of his understanding that if the watermain project is not completed before the end of this year it will be on the table again at the same time next year. Motion by Trustee Saiyed, seconded by Trustee Manzo, that the Village Board discusses and defers the award a Professional Services Agreement to Burke LLC, Rosemont, Illinois in the amount of $803,750, and approve Resolution R-1902, subject to final attorney review. A Resolution for Professional Engineering Services related to a Construction Management Contract for the Designer-Led Design-Build for the Sports Core Watermain Improvements section of the 2020 Water Distribution Improvements. ROLL CALL VOTE: Ayes: 4 – Trustees Manzo, Saiyed, Tiesenga and President Lalmalani Nays: 3 – Trustees Baar, Cuevas and Yusuf Abstain: 0 – None Absent: 0 – None Motion carried VILLAGE OF OAK BROOK MINUTES Page 6 of 6 REGULAR MEETING OF OCTOBER 13, 2020 8. UNFINISHED BUSINESS A. Franklin 1900 Spring Rd., LLC, 1900 Spring Road – Extension of Preliminary Subdivision Approval Motion by Trustee Manzo, seconded by Trustee Yusuf, that the Village Board Authorizes 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 26, 2021. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 9. ACTIVE BUSINESS A. Confirmation of Appointments 1. Zoning Board of Appeals – Baker Nimry, James Pontrelli & Steven Young - 5yr Term Motion by Trustee Yusuf, seconded by Trustee Cuevas, to confirm President Lalmalani’s recommendation to reappoint Baker Nimry, Steve Young and James Pontrelli to the Oak Brook Zoning Board of Appeals for terms to expire in November of 2025. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 10. ADJOURN TO CLOSED SESSION, For the Purpose of Discussing (1) Minutes of Meetings Lawfully Closed Under This Act, (2) To Consider Probable Litigation Against or By the Village, Pursuant To 2(C)(21), 2(C)(11) Of The Illinois Open Meetings Act, Respectively. Motion by Trustee Cuevas, seconded by Trustee Manzo, to adjourn to closed session at 7:46 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 11. RECONVENE The open meeting was reconvened at 8:55 p.m. 12. ADJOURNMENT Motion by Trustee Baar seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 8:56 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk