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Minutes - 09/28/2021 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 MINUTES OF THE SEPTEMBER 28, 2021 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 12, 2021 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by Pro Tem Asif Yusuf in the Samuel E. Dean Boardroom 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: Trustees Laurence Herman, Michael Manzo, A. Suresh Reddy, Edward Tiesenga, and President Pro Tem Asif Yusuf ABSENT: Trustee Nagle and President Gopal Lalmalani IN ATTENDANCE: Interim Village Manager/Police Chief James Kruger, Information Technology Director Jim Fox, Development Services Director Tony Budzikowski, Finance Director Jason Paprocki, Public Works Director Rick Valent, Interim Fire Chief James Arie, Head Librarian Jacob Post, HR Director/Deputy Clerk Kathy Vonachen, and Village Attorney Michael Castaldo Jr. 3. PRESIDENT’S OPENING COMMENTS President Pro Tem Asif Yusuf began by explaining the reason for sitting in for President Lalmalani and asked everyone to join in, wishing him a speedy recovery. He also requested that Village Attorney Castaldo explains the mechanism behind this sort of substitution. Next, President Pro Tem Yusuf announced the opening of Oak Point University and much anticipated RH; he also shared information about each building. After that, he congratulated the HUB Group on their 50th Anniversary, reminded everyone of the upcoming Blood Drive hosted by the Police Department and the Electronic Recycling event sponsored by Flood Brothers. Village Attorney Castaldo explained that it has been President Lalmalani’s wish and desire to have Trustee Yusuf preside over the meeting in his absence and that he will continue to vote and act as a Trustee. 4. PUBLIC COMMENT ON AGENDA ITEMS None 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 14, 2021 Motion by Trustee Herman, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of September 14, 2021. VOICE VOTE: Motion carried. APPROVAL OF MINUTES B. REGULAR CLOSED BOARD OF TRUSTEES MEETING MINUTES OF MAY 25, 2021 Motion by Trustee Herman, seconded by Trustee Manzo to approve the Minutes of the Regular Closed Board of Trustees Meeting of May 25, 2021. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 APPROVAL OF MINUTES C. SPECIAL CLOSED BOARD OF TRUSTEES MEETING OF MAY 19, 2021 Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve the Minutes of the Special Closed Board of Trustees Meeting of May 19, 2021. VOICE VOTE: Motion carried. APPROVAL OF MINUTES D. SPECIAL CLOSED BOARD OF TRUSTEES MEETING OF MAY 25, 2021 Motion by Trustee Tiesenga, seconded by Trustee Manzo to approve the Minutes of the Special Closed Board of Trustees Meeting of May 19, 2021. VOICE VOTE: Motion carried. 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: September 23, 2021 - $1,162,055.57 Significant Items included in Above: 1. LEGAL SERVICES: a) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2021 – America Pool Renovation - $1,485.00 b) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2021 – IAFF 4646 - $5,647.50 c) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2021 – Telecom Companies & 5G - $2,542.50 d) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2021 – General - $10,820.14 (FY21 YTD - $103,693.52) e) Lamp Law, LLC. - Legal Services – August 2021 - $3,333.33 (FY21 YTD - $26,666.64) f) Ottosen, Dinolfo Hasenbalg & Castaldo – August 2021 – America Pool Renovation - $1,485.00 TOTAL LEGAL BUDGET FOR 2021 IS $245,000.00 TOTAL LEGAL BILLS PAID FOR 2021 - YTD - $250,026.60 2. Christopher B. Burke Engineering, Ltd. – Harger Rd. & WM Project - $46,460.28 3. Trotter and Associates – Water System SCADA & Operations Rehabilitation - $210,889.00 4. Tyler Technologies – Munis Executime Implementation - Inv.#045-346293 - $39,698.00 5. IRMA – August 2021 Claims - $40,452.48 6. DuPage Water Commission - August 2021 - $542,187.24 B. Approval of Payroll for Pay Period Ending: $842,150.22 C. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1. Golf Club Parking Lot Lights Replacement Project D. Ordinances & Resolutions VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 1. RESOLUTION 2021-PW-ENG-DSGN-AG-EX-R-1961, A Resolution Approving and Authorizing the Execution of a Construction Management Contract By and Between the Village of Oak Brook and Burke, LLC., for the Designer-Led Design Build Project of 35th/Midwest Road Street Bike Path Reconfiguration E. Village of Oak Brook – Monthly Financial Reports August – 2021 F. Proclamation - National Payroll Week Motion by Trustee Manzo, seconded by Trustee Herman to approve the Consent Agenda, and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Nagle Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA None 8. UNFINISHED BUSINESS A. Franklin 1900 Spring Rd., LLC, 1900 Spring Road – Extension of R-1762 for Preliminary Subdivision Approval Development Services Director Budzikowski announced that the members of Franklin Partners, including Attorney Scott Day and members from Jupiter, are present to answer and address any questions or concerns. He also stated that this is the third extension request, with the original dating back to 2018. Trustee Herman clarified that the presented item is for procedural purposes only and not up for reevaluation. Motion by Trustee Manzo, Seconded by Trustee Herman that the Village Board approves and authorizes the Franklin 1900 Spring Rd., LLC, 1900 Spring Road – Extension of R-1762 for Preliminary Subdivision Approval ROLL CALL VOTE: Ayes: 4 – Trustees Herman, Manzo, Reddy, and Yusuf Nays: 1 – Trustee Tiesenga Abstain: 0 – None Absent: 1– Trustee Nagle Motion carried 8. UNFINISHED BUSINESS A. Ordinances & Resolutions 1. ORDINANCE 2021-ZO-V-EX-S-1625, An Ordinance Granting a Variation from Provisions of Section 13-3-17.B.2 of Title 13 (“Zoning Regulations”) of the Village Code of the Village of Oak Brook Relative to the Permitted Fence Height for the Property Located at 22 Natoma Drive, Oak Brook, Illinois VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 Trustee Herman asked for clarification of the language as it is written in the motion regarding the permit issuance for the pool and fence on a good faith basis. He also confirmed that the council is on board with this procedure. Development Services Director Budzikowski clarified that both permits had been submitted to the Village successfully. Regular procedural steps follow, and should a decision be made that a pool is no longer needed, code enforcement procedures would take place. Village Attorney Castaldo confirmed that code enforcement probation would be the subsequent step. Trustee Tiesenga expressed his appreciation towards the Village staff, keeping this matter under close observation, and shared his personal experience with the Village from 30 years ago. Motion by Trustee Manzo, Seconded by Trustee Reddy that the Village Board approves and authorizes the ORDINANCE 2021-ZO-V-EX-S-1625, An Ordinance Granting a Variation from Provisions of Section 13-3-17.B.2 of Title 13 (“Zoning Regulations”) of the Village Code of the Village of Oak Brook Relative to the Permitted Fence Height for the Property Located at 22 Natoma Drive, Oak Brook, Illinois ROLL CALL VOTE: Ayes: 4 – Trustees Herman, Manzo, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 2 – Trustee Nagle, and Reddy Motion carried 9. ACTIVE BUSINESS A. Confirmation of Appointments 1. Various Board, Commissions and Committees Hotel, Convention and Visitors Committee – Tariq Junejo, Firefighters’ Pension Fund Board – Michael McCarthy, Nemura Pencyla Motion by Trustee Tiesenga, seconded by Trustee Manzo to confirm the appointment of Tariq Junejo to Hotel, Convention and Visitors Committee, Michael McCarthy and Nemura Pencyla to the Firefighters’ Pension Fund Board. VOICE VOTE: Motion carried. ACTIVE BUSINESS B. Ordinances & Resolutions 1. ORDINANCE 2021- LC-AL-G-1195, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois By Increasing By One to Eighteen the Number of Authorized Class B Liquor Licenses (SSCH, LLC d/b/a Spirits & Spice) Motion by Trustee Manzo, Seconded by Trustee Tiesenga that the Village Board approves an ORDINANCE 2021- LC-AL-G-1195, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois By Increasing By One to Eighteen the Number of Authorized Class B Liquor Licenses (SSCH, LLC d/b/a Spirits & Spice) ROLL CALL VOTE: Ayes: 4 – Trustees Herman, Manzo, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 2 – Trustee Nagle, and Reddy VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 Motion carried ACTIVE BUSINESS B. Ordinances & Resolutions 2. ORDIANCE 2021-LC-AL-G-1196, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to Thirty-Nine the Number of Authorized Class A-1 Liquor Licenses (BBQ Ventures Inc. d/b/a Real Urban BBQ) Motion by Trustee Manzo, Seconded by Trustee Tiesenga that the Village Board approves an ORDIANCE 2021-LC-AL-G-1196, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to Thirty-Nine the Number of Authorized Class A-1 Liquor Licenses (BBQ Ventures Inc. d/b/a Real Urban BBQ) ROLL CALL VOTE: Ayes: 4 – Trustees Herman, Manzo, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 2 – Trustee Nagle, and Reddy Motion carried ACTIVE BUSINESS B. Ordinances & Resolutions 3. RESOLUTION 2021-SC-AG-EX-END-R-1962, A Resolution Approving and Authorizing the Termination of an Intergovernmental Agreement By and Between the Village of Oak Brook and the Oak Brook Park District Pertaining to the Operation of the Village’s Swimming Pool, Tennis and Soccer Trustee Herman explained the circumstances surrounding the termination of the contract with the Oak Brook Park District. He stressed that the agreement is mutual between the parties and further expressed his gratitude to the Oak Brook Park District for taking over during times of need. Moreover, he shared his intention to bring plans for future operations and financial stability to the Board next month. Motion by Trustee Herman, Seconded by Trustee Manzo that the Village Board approves an RESOLUTION 2021-SC-AG-EX-END-R-1962, A Resolution Approving and Authorizing the Termination of an Intergovernmental Agreement By and Between the Village of Oak Brook and the Oak Brook Park District Pertaining to the Operation of the Village’s Swimming Pool, Tennis and Soccer ROLL CALL VOTE: Ayes: 5 – Trustees Herman, Manzo, Reddy, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 1 – Trustee Nagle Motion carried ACTIVE BUSINESS C. Three Way Stop Configuration on Madison Street at Frederic Dr. – Discussion Resident Mario Vescovi spoke regarding the safety issues surrounding the area of Madison Street, the surveys he conducted, and the petitions he collected. He also urged the Board to put up stop signs for the safety of the residents. Lastly, he further stressed the safety issues and the inefficacy of the flashing data collection devices in the area. VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 Interim Village Manager/Police Chief Kruger explained that the issue was brought up to him by Mr. Vescovi, actions were taken to collect data accordingly, and proceeded to further elaborate on the findings. He also stated that the final decision about the stop signs is being left up to the Board since the collected data does not warrant safety concerns in the area. Discussion ensued. Trustee Herman asked about the time frame of the collected data and shared his experiences driving down Madison Street. He also made suggestions regarding the installation of temporary signage for an agreed- upon timeframe. Trustee Reddy asked about the number of cars that passed through during the data collection period, about any side effects of installing the stop signs, and spoke in agreement with Trustee Herman’s suggestion. Trustee Manzo spoke in support of the Resident presented petition and explained his rationale based on his personal experiences. Resident Bob Blackwell spoke about his safety concerns walking along that stretch of the road using a walker. Trustee Tiesenga expressed his appreciation for the Police Department and the ability to conduct data such as this one. President Pro Tem Yusuf spoke in favor of keeping the temporary stop signs where they are currently located, turning off the warning lights, and collecting additional data over the next few months, then bringing the item back up to the Board for review and final decision. Later, he confirmed that there is consensus from the Board to direct the Village Attorney to prepare an Ordinance allowing further data collection. ACTIVE BUSINESS D. Business Registry/Licensing – Discussion Trustee Herman began the discussion by explaining the reasons behind the suggested addition of a business registry to the Village of Oak Brook, including public safety issues and data collection. Furthermore, he stated that the Chamber of Commerce and the Business Community are not in favor of this addition, shared their concerns, and stressed the significance of making the process inexpensive and seamless. Discussion ensued. Interim Village Manager/Police Chief Kruger spoke in agreement with Trustee Herman’s comments stressing the importance of data collection for public safety. Interim Fire Chief Arie spoke in support of the business registry and explained the benefits of having one from the perspective of the Fire Department. Trustee Reddy reiterated statements made by Interim Village Manager/Police Chief Kruger and Interim Fire Chief Arie and made suggestions associated with the approval process. Chamber of Commerce President and CEO David Carlin spoke about the unanimous opposition to the business registry or license. Moreover, he went into details expressing his concerns on behalf of the Oak Brook Chamber of Commerce and questioned the Village’s authority to implement a business registry or licensing. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 Village Attorney Castaldo explained his understanding and purpose of this discussion and concurred with Mr. Carlin’s comments regarding a non-home rule community. Trustee Manzo spoke in support of the registry and the authorization for Village Attorney Castaldo to create an Ordinance on the matter. Trustee Tiesenga spoke in support and agreement with Interim Village Manager/Police Chief Kruger, Interim Fire Chief Arie, and Trustee Herman to authorize Village Attorney Castaldo to further investigate the matter with a stipulation that the Village does not violate the Illinois Constitution. Trustee Reddy asked about the possibility of gathering the data from another readily available public source. President Pro Tem Yusuf spoke in agreement with previously made comments and expressed terms he would oppose regarding the subject matter. ACTIVE BUSINESS E. Sales Tax Presentation Trustee Herman shared a thorough PowerPoint presentation addressing Illinois sales tax law, the current low sales tax rate in Oak Brook, and its collection history, along with the non-home rule retailers occupation tax. He also made suggestions on how to offset rising costs and expenses. Furthermore, Trustee Herman explained Oak Brook’s Philosophy regarding sales tax rate and its implementation, addressing public safety, Oak Brook’s water system, and Development Services operations. President Pro Tem Yusuf explained his understanding of the infrastructure tax and real estate tax implementation and asked for further clarification. Later, he clarified Trustee Tiesenga’s comments. Village Attorney Castaldo replied to President Pro Tem Yusuf by saying that a thorough examination of past actions by the Village would be needed to address the questions adequately. Trustee Tiesenga explained the Illinois Pension Code, the Village’s obligation, and how the lack of sales tax funds could impose a real estate tax without any referendums. Moreover, he clarified where the contribution amounts could be found within the Agenda Packet and spoke in favor of pursuing proposals mentioned by Trustee Herman in his presentation. Trustee Manzo thanked Trustee Herman and Trustee Tiesenga for all their hard work on the matters of finances for the Village. After that, he spoke in support of Trustee Herman’s suggestions in offsetting the rising costs and expenses. Trustee Reddy concurred with the previously made comments. 10. PUBLIC COMMENT ON NON-AGENDA ITEMS Clarendon Hills Resident Lori Burchett expressed her opinion regarding Trustee Herman’s presentation and the remaining comments made by the Board. She also addressed her points of view regarding freedom of speech, the recent amendment to the Ordinance referencing Public Comments, and her conversation with Trustee Nagle. Trustee Reddy provided everyone with an update regarding the hiring of a new Village Manager. VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF SEPTEMBER 28, 2021 12. ADJOURNMENT Motion by Trustee Reddy, seconded, by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 9:02 p.m. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss_____________ Charlotte K. Pruss Village Clerk