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Minutes - 12/08/2020 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 9 REGULAR MEETING OF DECEMBER 08, 2020 MINUTES OF THE DECEMBER 08, 2020 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 12, 2021 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 7:01 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, Village Attorney Michael Castaldo Jr. PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Trustee Yusuf ABSENT: None IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Village Manager Rick Ginex, Development Services Director Tony Budzikowski, Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, Head Librarian Jacob Post and HR Director/Deputy Clerk Kathy Vonachen 3. PRESIDENT’S OPENING COMMENTS President Lalmalani began the meeting by sharing news of the passing of Mr. Albert Giusfredi who was a long time Oak Brook resident, served on the Board of Fire and Police Commission for several years and asked for thoughts and prayers and a moment of silence. Next, he wished everyone a happy Holiday Season, prosperous new year and shared his hopes for a much better 2021. In like manner, President Lalmalani spoke regarding the deployment of the COVID-19 vaccine, encouraged everyone to get vaccinated once it is deployed to the public and shared his opinions regarding the unknown long term effects of the vaccine. He also urged everyone to continue to follow safety protocols, shared an update of confirmed number of cases and deaths in Oak Brook and shared his hopes that everyone had a safe and enjoyable Thanksgiving. Lastly, President Lalmalani announced the last Board meeting of year 2020 and the exciting news of The Oak Brook Bath & Tennis Clubhouse winning The KNOT Best of Weddings for a fourth year in the row and the induction of Clubhouse to The KNOT Best of Wedding Hall of Fame. He also congratulated Marianne Long, the Event Coordinator for the Bath & Tennis Club and shared his appreciation for all the hard work she has put in to make the venue successful. 4. PUBLIC HEARING – PROPOSED 2021 BUDGET President Lalmalani announced the opening of the public hearing for the proposed 2021 Budget for the Village of Oak Brook for the twelve-month calendar year commencing January 1, 2021 and ending December 31, 2021. He welcomed any resident comments on the Proposed 2021 Municipal Budget and asked Finance Director Paprocki to give a brief recap of the proposed 2021 Budget. VILLAGE OF OAK BROOK MINUTES Page 2 of 9 REGULAR MEETING OF DECEMBER 08, 2020 Finance Director Paprocki shared a power point presentation highlighting the updated portions of the budget to reflect calculations that are more accurate. He also shared two versions of the proposed Budget for the Board to choose from and highlighted the differences between the two. President Lalmalani pointed out and apologized for the temporary technical difficulties experienced during the Pledge of Allegiance at the beginning of the meeting. Next, he asked Clerk Pruss for any resident/visitor comments regarding the Budget. Clerk Pruss read comments sent in by Residents Stanley Pruss and Don Hamstra. Resident Stanley Pruss shared his opinions regarding the changes to the Village imposed by the Board. He also shared his concerns regarding the increased costs to the residents. Resident Don Hamstra shared his support and reasons for the proposed reductions to the Fire Department and urged the Board to add contract labor for a brighter future. Resident Anne Huber thanked the Board and Clerk for the opportunity to speak and urged the Board to do everything necessary to reduce expenses. She also spoke in support of the proposed Budget cuts and shared her enthusiasm and trust in the Village Officials making the right decisions for the long-term financial health of the Village. Resident Walter Barber expressed concerns on behalf of the Forest Gate elderly community regarding the reductions in the EMT staffing of the Fire Department. He also reminded the Board of the expectations of the level of service and the significant need for quick reliable response time to the population in dire need during this pandemic. Resident Karen Bushy thanked the Board for the opportunity to speak and complimented the Board on the company chosen for the garbage disposal services. She also urged the Board to take their time to listen, research and truly contemplate on the decision of reducing services currently provided by the Fire Department. She further shared her concerns with the increasing needs for these crucial services due to the planned infrastructure, which will result in a much higher population in the Village. Resident Larry Herman thanked the Board for the opportunity to speak on the matter, shared his concerns with the growing Village expenses and the possible permanent change in retail due to the effects of the pandemic. He also addressed his concerns with the increasing Police and Fire pension obligations, the rate of inflation and spoke in support of commitment and service of the public safety employees. Trustee Saiyed spoke in agreement with Mr. Herman’s concerns and comments, shared his concerns with the revenues and pension contributions of the Village. Furthermore, he explained his repeated concerns with the reserve fund, the future infrastructure and the economy overall. Trustee Manzo echoed Trustee Saiyed’s comments, shared his concerns with the demanding expenses, slow revenues and thanked Finance Director Paprocki for taking the time to speak with him. Moreover, Trustee Manzo spoke regarding the devastating financial implications the pandemic has had on all the communities, commended Jason for doing an excellent job on the budget, clarified on much of the misleading information that is circulating around the Village regarding the reduction of services by the Fire Department. VILLAGE OF OAK BROOK MINUTES Page 3 of 9 REGULAR MEETING OF DECEMBER 08, 2020 Trustee Tiesenga thanked President Lalmalani for allowing him to speak and focused on speaking regarding citizen engagement. Furthermore, he emphasized and strongly discouraged listening to or taking into account any misleading information regarding any concealed meetings or documentations by the Board. He further pointed out that unless there was a closed meeting session, all the meetings and documents can be easily found on the Village’s website and that transparency of the Village in all matters is taken very seriously unless otherwise dictated by the Illinois State law. Trustee Yusuf reiterated statements made by Trustee Tiesenga adding that the unprecedented times have forced the Board to make certain decisions that will ensure a viable future for the Village. He also urged caution and delay of projects when possible and stressed on the transparency of the Village. Trustee Cuevas addressed comments by Trustees Saiyed regarding sales tax revenues and urged the Board to consider other measures that coincide with changing businesses that the Board keeps approving within the Village. He also addressed property tax comments, estimation of the projected revenues for next year, the approved infrastructure and stressed the importance of employee appreciation. President Lalmalani spoke in agreement with comments made by Trustee Cuevas and addressed comments made by Trustee Tiesenga regarding the accusations of a nontransparent Board. He also elaborated on the importance of providing the best services available, the sales tax, property tax and urged curbing of the expenditures. He further addressed the release of the vaccine and the effect it may have on the overall economic situation including the Village’s financial situation. 5. CLOSE OF PUBLIC HEARING Motion by Trustee Manzo seconded by Trustee Tiesenga to adjourn the Public Hearing for the proposed 2021 Budget at 7:48 pm. VOICE VOTE: Motion carried. 6. RESIDENT/VISITOR COMMENTS Resident CC Huber introduced herself, announced the blood drive fundraiser for The River of Light charity, shared information on the location and encouraged everyone to participate. Resident Don Adler shared a detailed explanation on his findings and calculations based on his experience as a previous Board of Trustees and Finance Advisory Committee member. Next, he encouraged the Board to consider facts, past economic impacts and possibly making some fundamental changes that will address the entertainment and non-retail infrastructure coming to Oak Brook. President Lalmalani thanked Resident Adler for his comments and moved on to continue the meeting. 7. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 17, 2020 Motion by Trustee Saiyed, seconded by Trustee Manzo to approve the Minutes of the Special Board of Trustees Meeting of November 17, 2020. VOICE VOTE: Motion carried. B. SPECIAL BOARD OF TRUSTEES MEETING OF NOVEMBER 23, 2020 Motion by Trustee Saiyed, seconded by Trustee Yusuf to approve the Minutes of the Special Board of Trustees Meeting of November 23, 2020. VOICE VOTE: Motion carried. C. REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 24, 2020 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of November 24, 2020. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF DECEMBER 08, 2020 8. 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: December 3, 2020 - $1,772,896.04 Significant Items included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – November 2020 – $7,131.00 (FY20 YTD - $80,953.81) TOTAL LEGAL BUDGET FOR 2020 IS $254,000.00 TOTAL LEGAL BILLS PAID FOR 2020 - YTD - $238,916.55 2. Burke, LLC. – Professional Engineering Design Services – Brook Forest Improvements Phase 2 - Pay Request #2 - $551,447.58 3. Burke, LLC. – Professional Engineering Design Services – Windsor Drive Widening & Streetscape Enhancements - Pay Request #1 - $918,689.09 4. Mid-America Pool Renovation, Inc. – Oak Brook B&T – Pay Request #5 - $57,192.00 5. BCBS HMO – Health Care Services – December 2020 - $47,711.35 B. Approval of Payroll for Pay Period Ending: November 28, 2020 - $779,260.72 C. Ordinances & Resolutions 1. ORDINANCE 2020-PP-S-1614, An Ordinance Authorizing the Donation and Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook D. 2021 IRMA Deductible (Risk Management Insurance) E. Scavenger License F. Year End Bill Payment Motion by Trustee Baar, seconded by Trustee to approve the Consent Agenda and authorize expenditures as presented with the exception of Item 8.A.3 - Burke, LLC. – Professional Engineering Design Services – Windsor Drive Widening & Streetscape Enhancements - Pay Request #1 - $918,689.09 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. ITEMS REMOVED FROM THE CONSENT AGENDA Item 8.A.3 - Burke, LLC. – Professional Engineering Design Services – Windsor Drive Widening & Streetscape Enhancements - Pay Request #1 - $918,689.09 Trustee Saiyed asked Finance Director Paprocki for a clarification regarding the total amount for the project as it pertains to the Village Budget. He also asked Public Works Director Patchin to clarify the listed project with the project associated with the bridge and the agreement with the Tollway Authority. VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF DECEMBER 08, 2020 Finance Director Paprocki clarified the amount for the project listed with this item. Public Works Director Patchin clarified that the Bridge Project is a separate one from the one listed in this item. He also explained the payment schedule for both projects. Trustee Tiesenga confirmed the total calculated amount for the project over a 3-year period. Manager Ginex confirmed the representative that has approved the grant funds for the listed project. Motion by Trustee Saiyed to approve and authorize payment to Burke, LLC. – Professional Engineering Design Services – Windsor Drive Widening & Streetscape Enhancements - Pay Request #1 - $918,689.09 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. UNFINISHED BUSINESS A. Infrastructure Project Discussion Trustee Tiesenga made an introduction to items presented for discussion requested by Public Works Director Patchin in order to obtain direction for each mentioned project. Public Works Director Patchin explained the two water main projects that would affect the moving of the Polo fields and the road resurfacing in Brook Forest as discussed at previous meetings. Next, he explained the OSLAD grant in relation to the design build design led projects, explained which fund the money is coming from and the hold that was put on the pond stabilization project. Next, he clarified for Trustee Saiyed the amount that the Village would be responsible for outside of the funds from the OSLAD grant. Clarified for Trustee Baar the pricing related to the design build design led projects, the piping questions in relation to Polo fields for Trustee Manzo and current water main situation for Trustee Yusuf and the Phases 2 and 3 of the projects for Trustee Saiyed. Lastly, Public Works Director Patchin explained in detail currently available pricing for the projects and how a delay into the future would have a significant negative impact and asked about direction regarding applications for grants moving forward. After that, he explained the steps currently followed when working with the engineering company, Trustee Baar thanked President Lalmalani for allowing him to speak and shared his thoughts and opinions regarding the positive effects the completion of these projects would bring to the Village and the Sports Core. Next, he spoke regarding the revenue from a mature bond due changes in the interest rates in relation the water main project pricing. He also shared his opinions regarding the application for grants and the current arrangement with the engineering company. President Lalmalani interrupted Trustee Baar and asked him to hold off on discussing all the items at once so that everyone has a clear understanding of the impact of each project. He also asked Trustee Yusuf to share his opinion regarding the delay of the water main project. At the end of the discussion, he thanked Public Works Director Patchin for joining the meeting and called for a Closed Session. VILLAGE OF OAK BROOK MINUTES Page 6 of 9 REGULAR MEETING OF DECEMBER 08, 2020 Trustee Manzo asked for a clarification of the cost to the Village with the OSLAD grant, the Sports Core pipe repair and the Polo fields in relation to the water main projects. Next, he brought up and asked about funds from the Hotel/Motel funds that are still available. Finance Director Paprocki clarified that all the projects mentioned by Public Works Director Patchin are included in the 5-year plan of the Village’s Budget and the water main projects have been included in the 2020-2021 Budget. Next, he confirmed Trustee Baar’s comments regarding the percentage rates on the mature bond, clarified that these projects were taken into account in a 5-year plan and specifically addressed the amounts for Trustee Cuevas. Trustee Saiyed asked for a clarification on the exact amount the Village would have to match to the OSLAD grant and stated that he is in agreement with the amount and moving forward with the water main projects. He also asked for a clarification on the Phase 2 and 3 of the project as it relates to the road resurfacing in Brook Forest. Next, Trustee Saiyed expressed his concerns with the depleted water fund after the projects have been completed. Trustee Yusuf spoke in agreement with moving forward with the water main projects. He also explained some of the issues with the older piping that is currently in place and shared his opinions on the possible negative repercussions. Then, he asked Public Works Director Patchin about the severity of the current situation and shared his thoughts on the current arrangement with the engineering company as it relates to the costs associated with the particular project or a design build design led project. Trustee Tiesenga expressed his agreement with Trustee Baar’s comments and moving forward with the project and holding off on the shoreline stabilization. He also shared his thoughts on the low interest rates as they relate to the pension costs and infrastructure. Additionally, Trustee Tiesenga shared his opinions regarding the constant replenishment of the Water Fund. Trustee Cuevas shared his agreement with moving forward with the water main projects as discussed. He also asked for a clarification on the funds in the Water Fund after the projects have been completed. Manager Ginex made suggestions to do a separate discussion regarding a Hotel/Motel Fund mentioned by Trustee Manzo. 11. ADJOURN TO CLOSED SESSION, To Consider Collective Negotiating Matters Between the Village and Its Employees or Their Representatives and to Consider Deliberations Concerning Salary Schedules For One or More Classes of Employees of the Village Pursuant to Section 2(C)(1) and 2(C)(2) of the Illinois Open Meetings Act and to Consider Litigation Pending Against, Affecting, or On Behalf of the Village, or Probable or Imminent Litigation Against or By the Village, Pursuant to Section 2(C)(11) of the Illinois Open Meetings Act. Motion by Trustee Manzo, seconded by Trustee Yusuf to adjourn to a Closed Session at 8:47 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. Information Technology Director Fox announced the ending of the recording of the Regular Board of Trustees open meeting and that the recording will resume once the Closed Session ends and the Regular Board of Trustees meeting reconvenes. VILLAGE OF OAK BROOK MINUTES Page 7 of 9 REGULAR MEETING OF DECEMBER 08, 2020 12. Reconvened at 11:36 p.m. 13. ACTIVE BUSINESS A. 2020 Additional Public Safety Pension Funding Trustee Manzo presented the motion and shared his opinions regarding the decision made by the Board regarding the funding and his hopes for speedy recovery of the economy. Trustee Baar spoke in agreement with the proposed 2020 Additional Public Safety Pension Funding and shared his thoughts and opinions regarding pushing such matters off for future generations. Motion by Trustee Manzo, seconded by Trustee Yusuf that the Village Board adopts the Nyhart 2020 legally required minimum contributions of $1,803,449 to the Police Pension Fund and $1,834,554 to the Fire Pension Fund and make additional contributions to meet these amounts, if necessary. 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. Ordinances & Resolutions 1. ORDINANCE 2020-PSTN-COMP-SAP-EX-S-1616, An Ordinance Approving the 2021- 2022 Position Classification and Salary Plan for Employees of the Village of Oak Brook, Illinois OR ORDINANCE 2020-PSTN-COMP-SAP-EX-S-1612, An Ordinance Approving the 2021-2022 Position Classification and Salary Plan for Employees of the Village of Oak Brook, Illinois Trustee Baar expressed his opposition with the motion and spoke up in favor of the employees and their dedication and commitment to the Village during these difficult times. Trustee Manzo stated that if the economy recovers very quickly the Board will revisit the matter and reassess the situation at that time. Trustee Yusuf spoke in agreement with the motion and shred his intentions of bringing the motion back in the future if the economy improves quickly. Motion by Trustee Yusuf, seconded by Trustee Manzo to that the Village Board approves an ORDINANCE 2020-PSTN-COMP-SAP-EX-S-1612, An Ordinance Approving the 2021-2022 Position Classification and Salary Plan for Employees of the Village of Oak Brook, Illinois ROLL CALL VOTE: Ayes: 4 – Trustees Manzo, Saiyed, Tiesenga, and Yusuf Nays: 2 – Trustees Baar and Cuevas Abstain: 0 – None Absent: 0 – None Motion carried VILLAGE OF OAK BROOK MINUTES Page 8 of 9 REGULAR MEETING OF DECEMBER 08, 2020 2. ORDINANCE 2020-BU-EX-S-1613, An Ordinance Adopting the Budget of the Village of Oak Brook for 2021 OR ORDINANCE 2020-BU-EX-S-1615, An Ordinance Adopting the Budget of the Village of Oak Brook for 2021 Trustee Baar clarified and explained what exactly the motion entails and spoke in opposition of the cuts enlisted in the motion. He also spoke in opposition of going against the expertise of the Fire Chief. Later, he requested that the presentation made by Fire Chief Liss be included in the meeting minutes. Trustee Tiesenga spoke about the lengthy process of the production of the budget, employee presentations, recent meetings, discussed issues with the Sports Core Golf lease, Polo Fields, changes to the pension consolidation and infrastructure projects. He also provided a detailed explanation to back up the decision made by the Board regarding the budget including the benefits employees continue to keep. Lastly, Trustee Tiesenga made an argument stating that the Board’s decision and the current economic situation has actually brought spending power up and further stated that he is very much in support of this motion. Thereafter, he stated that if Fire Chief’s presentation from the closed session is released he would like to speak in disagreement with what was presented and Fire Chief’s conclusions. Fire Chief Barry Liss shared his perspective regarding the budget decision and spoke in opposition to the motion arguing the potential negative impact on the level of service and response times this decision will have. He also disagreed with Trustee Saiyed’s comments stating that the services will be effected, answered Trustee Cuevas stating that he cannot guarantee that there will be two ambulances always available since some compromises will need to be made based on this decision. After that, he addressed Trustee Cuevas’s concerns about the impact of the homeowner’s insurance rates and the possible compromise to the response times. Trustee Saiyed stated that the Board is not cutting ambulance services in half, and that there still will be two ambulances available therefore, the services will not be compromised. Trustee Cuevas asked Fire Chief Liss for a clarification on whether or not there will continue to be two ambulances available at all times, the intergovernmental agreement between the neighboring towns and the impact of the homeowners insurance costs due to this change. He also asked HR Director/Deputy Clerk Kathy Vonachen about the impact to the employee morale this decision will carry. Furthermore, Trustee Cuevas shared his discontent with the Board’s refusal to listen to the expertise shared by Fire Chief Liss and addressed previous comments about the property taxes. He also asked Police Chief Kruger to speak regarding the effects of this decision on the Police Department. President Lalmalani spoke of the importance of a budget without new taxation to the Village residents. He then interrupted Trustee Cuevas during his comments reminding him of the protocol that needs to be followed during the Board meetings and further elaborated on the comments about the property taxes and the ambulance services. Later, he asked Village Attorney Castaldo to address Trustee Baar’s request regarding the Fire Chief’s presentation during the Closed Session. Lastly, he restated the comments made by Village Attorney Castaldo that the presentation from Fire Chief Liss will remain outside of public view as it was made during the Closed Session. HR Director/Deputy Clerk Kathy Vonachen stated that employee morale will be affected as a result of this decision. Police Chief Kruger answered Trustee Cuevas by speaking regarding the collective bargaining group, the non-union employees of the Police Department and the concerns regarding the overall morale of the Department. VILLAGE OF OAK BROOK MINUTES Page 9 of 9 REGULAR MEETING OF DECEMBER 08, 2020 Trustee Manzo spoke against any type of defunding of the Police and Fire Departments and further stated his appreciation for the employees explaining that the decision was between pay freezes and massive layoffs. After that, he spoke in agreement with Trustee Tiesenga, Trustee Saiyed and President’s comments regarding the property taxes and reassured the residents that this decision will not only keep the current ambulance services but will also make it much better at the end. Village Attorney Castaldo stated that Fire Chief Liss’s presentation was made during a Closed Session and cannot be released unless it is made during the Open Session. Motion by Trustee Manzo, seconded by Trustee Yusuf to that the Village Board approves an ORDINANCE 2020-BU-EX-S-1615, An Ordinance Adopting the Budget of the Village of Oak Brook for 2021 ROLL CALL VOTE: Ayes: 4 – Manzo, Saiyed, Tiesenga, and Yusuf Nays: 2 – Trustees Baar, Cuevas Abstain: 0 – None Absent: 0 – None Motion carried 3. ORDINANCE 2020-WA-G-1174, An Ordinance Amending Chapter 5 of Title 8 of the Village Code of the Village of Oak Brook, Illinois Relating to Water Charges Which Establishes Water Rates for Fiscal year 2021 Motion by Trustee Manzo, seconded by Trustee Baar to that the Village Board approves An Ordinance Amending Chapter 5 of Title 8 of the Village Code of the Village of Oak Brook, Illinois Relating to Water Charges Which Establishes Water Rates for Fiscal year 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 14. ADJOURNMENT Motion by Trustee Manzo seconded by Trustee Yusuf to adjourn the Regular Meeting of the Board of Trustees at 12:08 a.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk