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Minutes - 05/25/2021 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 7 REGULAR MEETING OF MAY 25, 2021 MINUTES OF THE MAY 25, 2021 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 22, 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 Laurence Herman, Michael Manzo, James Nagle, A. Suresh Reddy, 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, HR Director/Deputy Clerk Kathy Vonachen and Village Attorney Michael Castaldo Jr. 3. PRESIDENT’S OPENING COMMENTS President Lalmalani welcomed everyone to the meeting and shared his hopes for in-person meetings going forward. Moreover, he stated that based upon upcoming direction from Governor Pritzker, the first meeting in June might be postponed to June 22 and be in person. After that, President Lalmalani further shared his hopes that staff and Board members will get fully vaccinated before that meeting. Next, he announced the retirement of Public Works Director Doug Patchin and Village Manager Rick Ginex. President Lalmalani shared a little bit of background for each retiree and expressed his appreciation for their devotion and contributions to the Village over the years. Lastly, he extracted items 6.C.6 and 6.C.7 from Consent Agenda to be added to the next Board meeting; and adding Item 9.C to be discussed during the Closed Session portion of this meeting. 4. PUBLIC COMMENT ON AGENDA ITEMS Clarendon Hills Resident Lori Burchett thanked the Board for their time, spoke about the New Board Swearing-In ceremony on May 11. She also expressed her concerns with the credibility of the Board, legitimacy of the sworn-in oath of Trustee Nagle, and spoke against the proposed liquor code amendment. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MAY 11, 2021 Motion by Trustee Herman, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of May 11, 2021. VOICE VOTE: Motion carried. 5. APPROVAL OF MINUTES B. REGULAR EXECUTIVE MEETING MINUTES OF APRIL 13, 2021 Motion by Trustee Reddy, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of April 13, 2021. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF MAY 25, 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: May 20, 2021 - $1,402,491.58 Significant Items included in Above: 1. LEGAL SERVICES: a) Clark, Baird, Smith, LLP. – April 2021 – $18,541.58 (FY21 YTD - $69,741.08) b) Ottosen Dinolfo Hasenbalg & Castaldo, LTD. – April 2021 - $10,708.46 c) Ottosen Dinolfo Hasenbalg & Castaldo, LTD. – April 2021 - $561.00 (FY21 YTD - $43,074.85) d) Lamp Law, LLC. - Legal Services – April 2021 - $3,333.33 (FY21 YTD - $13,333.32) TOTAL LEGAL BUDGET FOR 2021 IS $245,000.00 TOTAL LEGAL BILLS PAID FOR 2021 - YTD - $103,497.47 2. Trotter and Associates, Inc. – Water System SCADA & Operations Rehabilitation – April 2021 - Payment No.4 - $47,610.00 3. Civiltech Engineering, Inc. - York Harger Intersection and Underpass – Inv.#3459-14 - $59,133.57 4. Burke, LLC – Windsor Drive Widening and Streetscape Enhancements – Pay Request #3 - $370,117.81 5. Burke, LLC – Sports Core Water Main Improvements – Pay Request#4 & Final - $169,218.10 6. Burke, LLC – Salt Storage Facility Building and Final Site Work – Pay Request #5 & Final - $133,372.57 7. DU-COMM – Quarterly Shares May 1, 2021 – July 31, 2021 – Fire Department - Inv.#17587 - $34,495.50 8. DuPage Water Commission - April 2021 - $277,171.93 B. Approval of Payroll for Pay Period Ending: May 15, 2021 - $829,774.04 C. Ordinances & Resolutions 1. ORDINANCE 2021-PP-S-1925, An Ordinance Authorizing the Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook (Fire Dept.) 2. RESOLUTION 2021-FI-BNKSRV-SA-R-1914, A Resolution Adding and Removing Various Officers As Signatories on Village Bank Accounts 3. RESOLUTION 2021-FI-BKSRV-R-1915, A Resolution Adding and Removing Various Officers as Signatories on Village Brokerage Accounts 4. RESOLUTION 2021-AG-PW-WTR-PRDOP-R-1946, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Trotter and Associates, Inc. 5. RESOLUTION 2021-AG-PW-BGCHVAC-R-1947, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Dahme Mechanical Industries, Inc. 6. ORDINANCE 2021-GOLF-AG-S-1623, An Ordinance Approving and Authorizing the Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as Cecil Smith Field #2, Oak Brook, Illinois 60523 Butler National Golf Club 7. ORDINANCE 2021-POLO-AG-PINE-S-1924, An Ordinance Approving and Authorizing the Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as Cecil Smith Field #2, Oak Brook, Illinois 60523 Pineoak Partners VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF MAY 25, 2021 D. Reject Proposals Received – Fire Prevention Bureau Support Inspector Services E. Village of Oak Brook – Monthly Financial Reports April - 2021 F. Cancellation of the Second Meeting in July G. Authorization to Pay Bills a Second Time Due to Meeting Cancellations Motion by Trustee Manzo, seconded by Trustee Nagle to approve the Consent Agenda, with the exception of Items 6.C.4, 6.C.5, 6.C.6, 6.C.7 and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA ITEM 6.C.4 - RESOLUTION 2021-AG-PW-WTR-PRDOP-R-1946, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Trotter and Associates, Inc. Trustee Herman extracted the item asking about the clear timeframe for the contracted position of the Water Operator. Public Works Director Patchin clarified that the position would last for up to one year. Motion by Trustee Herman, Seconded by Trustee Yusuf that the Village Board discusses, and approves RESOLUTION 2021-AG-PW-WTR-PRDOP-R-1946, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Trotter and Associates, Inc. ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ITEM 6.C.5 - RESOLUTION 2021-AG-PW-BGCHVAC-R-1947, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Dahme Mechanical Industries, Inc. Trustee Herman asked for a clarification on the proposed coil replacement and the budgeted rooftop unit replacement for next year. Public Works Directed Patchin explained that if the coil is replaced now, that would extend the life of a unit for another five to ten years; thus, a total unit replacement would not be needed until that time. Motion by Trustee Manzo, Seconded by Trustee Yusuf that the Village Board discusses, and approves RESOLUTION 2021-AG-PW-BGCHVAC-R-1947, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Dahme Mechanical Industries, Inc. VILLAGE OF OAK BROOK MINUTES Page 4 of 7 REGULAR MEETING OF MAY 25, 2021 ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ITEM 6.C.6 - ORDINANCE 2021-GOLF-AG-S-1623, An Ordinance Approving and Authorizing the Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as Cecil Smith Field #2, Oak Brook, Illinois 60523 Butler National Golf Club Removed from Consent Agenda by President Lalmalani at the beginning of the meeting. ITEM 6.C.7 - ORDINANCE 2021-POLO-AG-PINE-S-1924, An Ordinance Approving and Authorizing the Execution of a Long-Term Lease Agreement for the Property Commonly Referred to as Cecil Smith Field #2, Oak Brook, Illinois 60523 Pineoak Partners Removed from Consent Agenda by President Lalmalani at the beginning of the meeting. 8. UNFINISHED BUSINESS A. Ordinances & Resolutions 1. RESOLUTION 2021-AG-SETT-PL-EX-R-1945, A Resolution Approving and Authorizing the Execution of a Settlement Agreement By and Between the Village of Oak Brook and Sean Kelly Motion by Herman, Seconded by Trustee Manzo that the Village Board approves RESOLUTION 2021-AG-SETT-PL-EX-R-1945, A Resolution Approving and Authorizing the Execution of a Settlement Agreement By and Between the Village of Oak Brook and Sean Kelly ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried UNFINISHED BUSINESS A. Ordinances & Resolutions 2. RESOLUTION 2021-PL-IS-R-1948, A Resolution Approving and Authorizing the Purchase of Insurance Benefits for Employees President Lalmalani announced the presence of representatives of Vista National Insurance Inc. and asked for updates. Mr. Brian Walsh of Vista National Insurance Group, Inc. stated that there are no updates at this time and that everyone is present to answer any questions the Board may have. Trustee Manzo requested that the discussion regarding benefits and carriers be brought up earlier next year to provide ample time to review and discuss possible modifications. Motion by Manzo, Seconded by Trustee Tiesenga that the Village Board approves RESOLUTION 2021-PL-IS-R-1948, A Resolution Approving and Authorizing the Purchase of Insurance Benefits for Employees VILLAGE OF OAK BROOK MINUTES Page 5 of 7 REGULAR MEETING OF MAY 25, 2021 ROLL CALL VOTE: Ayes: 6 – Trustees Herman, Manzo, Nagle, Reddy, 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-1185, An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor Control Within Certain Retail Premises Trustee Herman suggested a deferral to research and better understand the complexity of the matter and everything else that it would entail. Trustee Manzo seconded the suggestion for deferral to do more research and gain a better understanding. Jennifer Niesen representing Christopoulos Law Group and Restoration Hardware, explained the layout of the building, the furniture gallery, and the restaurant. She also explained the idea that would allow the clientele to walk around the gallery with an alcoholic beverage in hand. After that, Ms. Niesen addressed Trustee questions. Trustee Yusuf spoke in favor of deferral to ensure the wording is such that the approval of this special license does not open the door in the future for every retail establishment in the Village. He also confirmed with Ms. Niesen that if the item is deferred to the next meeting, it still allows the establishment ample time to get all the necessary documentation in time for the opening. HR Director/Deputy Clerk Vonachen reminded the Board that Restoration Hardware is looking to open at the end of August and that there is one other special license of this kind on Village premises. She explained that working with the Village Attorney Castaldo on the Ordinance, the wording restricts any other retail establishment from applying for such venture. Discussion ensued. Trustee Tiesenga spoke in favor of deferral and expressed his concerns with the listed size of the allowable alcoholic beverage. Motion by Trustee Herman, Seconded by Trustee Manzo that the Village Board discusses and defers ORDINANCE 2021-LC-AL-G-1185, An Ordinance Amending Chapter 1 of Title 4 of the Village Code of the Village of Oak Brook, Illinois Regarding Liquor Control Within Certain Retail Premises ROLL CALL VOTE: Ayes: 4 – Trustees Herman, Manzo, Reddy, Tiesenga Nays: 1– Trustee Yusuf Abstain: 1 – Trustee Nagle Absent: 0 – None Motion carried VILLAGE OF OAK BROOK MINUTES Page 6 of 7 REGULAR MEETING OF MAY 25, 2021 ACTIVE BUSINESS A. Ordinances & Resolutions 2. ORDINANCE 2021-LC-AL-G-1186, An Ordinance Amending Title 4 Chapter 1 Section 4-1- 10 of the Village of Oak Brook Code of Ordinances Attorney Castaldo reminded the Board that Trustee Nagle needs to recuse himself for this portion of the meeting. Trustee Nagle recused himself by logging out of the meeting. Motion by Trustee Manzo, Seconded by Trustee Herman that the Village Board discusses and defers ORDINANCE 2021-LC-AL-G-1186, An Ordinance Amending Title 4 Chapter 1 Section 4-1- 10 of the Village of Oak Brook Code of Ordinances ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Nagle, Reddy, Tiesenga Nays: 1 – Trustee Yusuf Recuse: 1 – Trustee Nagle Absent: 0 – None Motion carried B. A. Water Distribution Improvements, Brook Forest Subdivision Phase IV - Discussion Trustee Tiesenga began the discussion by providing the background, the timing, and the sequence of the Water Distribution Improvements in the Brook Forest Subdivision. Discussion ensued. Public Works Director Patchin spoke about the rising prices of the material and the company’s willingness to hold the previously agreed upon pricing. Trustee Herman spoke about the depleting Infrastructure Fund, which is supposed to cover other projects within the Village over the next few years. Finance Director Paprocki addressed fund transfers to cover all the budgeted projects. Trustee Yusuf made suggestions to use a portion of the funds from the Water Fund, stating that the project covers water distribution improvements and the street replacement in the subdivision. Trustee Manzo spoke in agreement with Public Works Director Patchin on completing the water project and street resurfacing at once. C. Battalion Chief Vacancy – Discussion President Lalmalani extracted and deferred the Agenda Item at the beginning of the meeting to be discussed during the Closed Session portion of this meeting. 10. PUBLIC COMMENT ON NON-AGENDA ITEMS Resident Ray Cesca shared updates regarding the deployment of the Small Wireless Facility Deployment Act and the placement of the 5G antennas throughout nearby neighborhoods. He also spoke about negative impacts on residential real estate and urged the Board to file a witness slip opposition for the Village. 11. ADJOURN TO CLOSED SESSION, For the Purpose of Discussing (1) Minutes of Meeting Lawfully Closed Under the Open Meetings act, For the Purpose of Approval By the Body of the Minutes (2)To VILLAGE OF OAK BROOK MINUTES Page 7 of 7 REGULAR MEETING OF MAY 25, 2021 Consider the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body,(3)To Consider Collective Negotiating Matters Between the Village and Its Employees or Their Representatives and Deliberations Concerning Salary Schedules for One or More Classes of Employees, Pursuant To 2(C)(21), 2(C)(1) AND 2(C)(2) Of The Illinois Open Meetings Act, Respectively Motion by Trustee Manzo, Seconded by Trustee Reddy to adjourn to the Closed Session of the Board of Trustees at 7:58 p.m. VOICE VOTE: Motion carried. 12. ADJOURNMENT Motion by Trustee Herman, seconded, by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 10:16 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk