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Minutes - 03/23/2021 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 6 REGULAR MEETING OF MARCH 23, 2021 MINUTES OF THE MARCH 23, 2021 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 13, 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 7:00 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, 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, HR Director/Deputy Clerk Kathy Vonachen and Village Attorney Michael Castaldo Jr. 3. PRESIDENT’S OPENING COMMENTS President Lalmalani spoke about the current rates of the vaccinated population in the state and the County. He also spoke about a slight increase in COVID positive cases in Chicago. Next, he announced early voting locations, including the Village Hall and hours of operation. After that, President Lalmalani encouraged everyone to vote, shared information regarding the First Watch restaurant's opening ceremony, and asked Trustee Manzo and Clerk Pruss to speak about the ceremony. Trustee Manzo spoke about the egg cracking ceremony, named present management of the restaurant, and shared his content with the facility's aesthetics. He also spoke about the excellent food and exceptional service within the restaurant. Lastly, Trustee Manzo spoke of other restaurants opening in the Village in the near future. Clerk Pruss stated that she was present for the opening but in the audience. She also said that she had been to the restaurant twice and found the food and service phenomenal. Furthermore, she spoke regarding the restaurant's excellent location and shared her hopes for long-term success. 4. RESIDENT/VISITOR COMMENTS Resident Ray Cesca shared updates regarding the deployment of 5G. He further shared facts about the Bill Amendments in Springfield and the effects on the Village. Moreover, Mr. Cesca shared actions being taken by working with the state representatives and encouraged the current Board and future elected officials to join the fight. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 09, 2021 Motion by Trustee Baar, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of March 09, 2021. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 6 REGULAR MEETING OF MARCH 23, 2021 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: March 18, 2021 - $1,452,746.49 Significant Items included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – February 2021 – $22,006.50 (FY21 YTD - $32,542.50) b) Ottosen, Dinolfo Hasenbalg & Castaldo – February 2021 - $10,594.04 (FY21 YTD - $21,094.04) c) Lamp Law, LLC. - Legal Services – February 2021 - $3,333.33 (FY21 YTD - $6,666.66) TOTAL LEGAL BUDGET FOR 2021 IS $245,000.00 TOTAL LEGAL BILLS PAID FOR 2021 - YTD - $65,412.09 2. Burke, LLC. – Sports Core Water Main Improvements – Pay Request #2 - $271,445.33 3. Civiltech Engineering, Inc. – York/Harger Int. & Underpass – Inv.#3459-12 - $31,486.41 4. Trotter & Associates, Inc. – Water System SCADA & Operations Rehab – Project No. OKB-006 – Payment No. 2 - $43,668.00 5. ISTHA (Illinois State Toll Highway Authority) – Windsor Bridge Replacement Over IL Tollway Connector Ramps M&N Between I-88 & I-294 – Inv. #1 - $664,198.40 6. DuPage Water Commission - February 2021 - $238,858.20 B. Approval of Payroll for Pay Period Ending: March 6, 2021 - $752,383.69 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Building Plan Review and Inspection Services D. Ordinances & Resolutions 1. RESOLUTION 2021-PW-CNTRCT-WTPNTG-R-1936, A Resolution Approving and Authorizing the Award of Contract for the East & West Elevated Water Tanks Painting Project 2. RESOLUTION 2021-SR-FP-EX-R-1937, A Resolution Approving the Final Plat of Subdivision for the Overlook at Oak Brook in the Village of Oak Brook, Illinois - 1717 22nd Street 3. ORDINANCE 2021-BU-AMEND-ND-S-1619, An Ordinance Authorizing Amendments and Transfers Among Budget Line Items the Village of Oak Brook, Illinois 4. ORDINANCE 2021-LC-AL-G-1178, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois By Decreasing By One to Thirty-Five the Number of Authorized Class A-1 Liquor Licenses (Red Robin) 5. ORDINANCE 2021-LC-AL-G-1179, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois By Decreasing By One to Thirty-Four the Number of Authorized Class A-1 Liquor Licenses (T.M. Basil) 6. RESOLUTION 2021-MFT-FNDS-TRNSF-R-1939, A Resolution Approving and Authorizing the Transfer of Funds from the Motor Fuel Tax (MFT) Fund to the Infrastructure Fund for the 16th Street Roadway Improvement Project VILLAGE OF OAK BROOK MINUTES Page 3 of 6 REGULAR MEETING OF MARCH 23, 2021 7. RESOLUTION 2021-PW-AG-WTPNTG-R-1940, A Resolution Approving and Authorizing the Execution of an Agreement for Professional Engineering Services Related to Construction and Project Management, Inspections and Documentation for the Pressure Washing and Painting of the Village’s Two (2) 250,000 Gallon Water Tower Tanks E. Village of Oak Brook – Monthly Financial Reports February - 2021 Motion by Trustee Baar, seconded by Trustee Saiyed to approve the Consent Agenda and authorize the expenditures as presented. 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. Authorizing 2021 Zoning Map Trustee Manzo spoke out regarding the resident complaints about the new construction and suggested that the setback variances be addressed sooner rather than later. Trustee Baar presented the recommendation and pointed out that the zoning codes' refreshment has been put off until the year 2022. However, he also suggested that the item can be placed on the next Agenda in order to address the current concerns. Motion by Trustee Baar, Seconded by Trustee Saiyed that the Village Board concurs with the recommendations from the Plan Commission (PC) and the Zoning Board of Appeals (ZBA) to approve the 2021 official Zoning Map and authorize preparation of the necessary resolution. 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. Ordinances & Resolutions 1. ORDINANCE 2021-LC-AL-G-1180, An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Retirement Communities Liquor Licenses HR Director/Deputy Clerk Vonachen explained that the Senior Lifestyle establishment opening in the Village has requested and applied for a liquor license. Moreover, since this is the first establishment of its kind asking for a liquor license, with Village Attorney and Clerk Pruss's guidance, a new classification had been formed to adapt to any future requests. Trustee Manzo shared his concerns regarding future requests of this kind. VILLAGE OF OAK BROOK MINUTES Page 4 of 6 REGULAR MEETING OF MARCH 23, 2021 Village Attorney Castaldo explained that when a new classification is established for an uncommon establishment such as the Retirement Community, there is always a chance for future requests of the same kind. However, the Board has the ability to regulate the number of approved licenses within the Village. Motion by Trustee Saiyed, Seconded by Trustee Manzo that the Village Board discusses and approves Ordinance 2021-LC-AL-G-1180, An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Retirement Communities Liquor Licenses ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ACTIVE BUSINESS A. Ordinances & Resolutions 2. ORDINANCE 2021-PD-RPL-PANH-G-1181, An Ordinance to Amending the Village Code Amending Title 4, Chapter 4, Section B and Title 6, Chapter 1, Section 4 in the Oak Brook Code of Ordinances Trustee Yusuf presented the Ordinance and shared his opinions regarding the courts’ decision to recognize panhandling as a free speech issue. President Lalmalani stated that he had numerous conversations with residents and Police Chief Kruger regarding the concerns associated with these changes. He also asked Police Chief Kruger to elaborate on the matter. Police Chief Kruger spoke in agreement with Trustee Yusuf’s comments, the countless calls for service, and the concerned phone calls from several Board members. Furthermore, he elaborated on the ruling of the federal court and advised everyone that the Police Department has been instructed not to respond to this type of complaint in order to avoid a potential federal lawsuit. He also advised the Board of the upcoming version of this Ordinance with updated language referencing the Police Department. Trustee Manzo shared his concerns with the safety concerns associated with panhandling in and out of traffic. He also expressed his confidence in Police Chief Kruger’s abilities to remediate the situation. Motion by Trustee Yusuf, Seconded by Trustee Manzo that the Village Board discusses and approves Ordinance 2021-PD-RPL-PANH-G-1181, An Ordinance to Amending the Village Code Amending Title 4, Chapter 4, Section B and Title 6, Chapter 1, Section 4 in the Oak Brook Code of Ordinances ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ACTIVE BUSINESS A. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 5 of 6 REGULAR MEETING OF MARCH 23, 2021 3. ORDINANCE 2021-WA-AG-SALE-G-1182, An Ordinance Approving and Authorizing the Execution of an Asset Purchase Agreement By and Between the Village of Oak Brook and Aqua Illinois, Inc. Trustee Tiesenga presented the Ordinance, shared background information of the process that has taken the Village several years. He also went into detail explaining the calculations and further spoke in favor of the agreement. Furthermore, Trustee Tiesenga addressed indemnification concerns raised by Trustee Manzo, addressed rising water rates concerns, and the spreadsheets presented by Trustee Manzo. Trustee Manzo shared his wishes for the deferral of the item, expressed his concerns and disagreement with statements made by Trustee Tiesenga. Additionally, he elaborated in a very detailed manner his reasons for bringing up these concerns, including the considerable potential for profit, unresolved issues between the company and other municipalities, indemnification concerns, and the future possibilities of annexing neighboring communities into the Village boundaries. Thereafter, he shared spreadsheets with calculations. Village Manager Ginex clarified that the Village of Lisle lawsuit includes the unincorporated areas of the Village and is not directly comparable to the Village’s potential sale discussed herein. Moreover, he shared a summary of the conversation he had with the Village Manager of University Park, who explained some of the main reasons for the cause of the Village’s water problems. Trustee Saiyed spoke in agreement with comments made by Trustee Tiesenga and Village Manager Ginex. He also expressed his support for the presented Asset Purchase Agreement with Aqua Illinois, Inc. Trustee Baar spoke in agreement with comments made by Trustee Tiesenga and shared his support of the agreement. Trustee Cuevas spoke in agreement with comments made by Trustees Saiyed and Tiesenga. Trustee Yusuf expressed his thoughts regarding the raised concerns and explained the plumbing issues experienced by the municipality in question. He also expressed his support of the agreement. Public Works Director Patchin explained the zones initially included in the bidding process along with attorney recommendations and the postponement of the watermain replacements. President Lalmalani asked Aqua Illinois, Inc. representatives to address concerns raised by Trustee Manzo. He also shared parts of the conversation he had with the Mayor of University Park, who shared his dissatisfaction with the company’s services. In addition, President Lalmalani questioned the credibility of the company. Craig Blanchette from Aqua Illinois, Inc. provided an overview and history of the company within the state, addressed lead issues and concerns raised by Trustee Manzo and explained detailed steps taken in efforts to resolve any outstanding issues. Furthermore, he ensured the Board that the company works to provide the highest quality services, setting them apart from other water providers, and expressed commitment to provide the highest quality water and regain the community’s trust in University Park. Jim Bilotta of Aqua Illinois, Inc. expressed his first impressions of working with the Village employees and his content and excitement to work with such a professional organization. He also addressed the sale price and shared his hopes for a successful transaction. Motion by Trustee Tiesenga, Seconded by Trustee Yusuf that the Village Board discusses and approves Ordinance 2021-WA-AG-SALE-G-1182, An Ordinance Approving and Authorizing the Execution of an Asset Purchase Agreement By and Between the Village of Oak Brook and Aqua Illinois, Inc. VILLAGE OF OAK BROOK MINUTES Page 6 of 6 REGULAR MEETING OF MARCH 23, 2021 ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Saiyed, Tiesenga and Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried ACTIVE BUSINESS B. Public Safety Pension Actuarial Results Finance Director Paprocki introduced Mr. Mike Zurek from Nyhart and shared a brief overview of what will be covered in Mr. Zurek's presentation. He also reminded the Board that the pension valuation presentation is not up for a vote but only to provide and approve the results used in the annual audit reports. Later, Finance Director Paprocki explained to Trustee Manzo that the actuary is not part of the first consolidation and clarified Trustee Tiesenga's payroll contributions calculations. Mr. Mike Zurek of Nyhart shared a presentation explaining the results, funding percentages comparable to IMRF, and the upcoming year's projected rates. He also explained the pension consolidation amendments that took place over the last year and the effects of those modifications on the Village. Trustee Tiesenga shared his observations and calculation related to the payroll reports included in the Agenda packet. He also shared his concerns with the projected benefits of consolidation that the Village will be responsible for covering. Trustee Manzo spoke in agreement with Trustee Tiesenga's comments and reiterated that the Village is in no shape or form defunding the Police or Fire Departments. He also addressed the rising costs of pensions and asked Finance Director Paprocki to address the potential disposal of the need for an actuary. 10. ADJOURN TO CLOSED SESSION, For the Purpose of Discussing (1) Minutes Of Meetings Lawfully Closed Under The Open Meetings Act, For The Purpose Of Approval By The Body Of The Minutes, (C)(21) Of The Illinois Open Meetings Act, (2) To Consider the Discipline of a Specific Employee or Employees Pursuant to Section 2(C)(1) of The Village of The Illinois Open Meetings Act Respectively at 8:36 p.m. Motion by Trustee Manzo, seconded by Trustee Yusuf to adjourn to a Closed Session at 8:36 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. Reconvened at 8:43 p.m. 12. ADJOURNMENT Motion by Trustee Baar, seconded, by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 8:44 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk