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Minutes - 04/08/2014 - Board of Trustees Of oAK MINUTES OF THE APRIL 8, 2014 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 22, 2014 a O U rte,; 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Samuel E. Dean Board Room of the Butler Government Center at 7:05 pm. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, Mark Moy, Gerald Wolin, and Asif Yusu£ ABSENT: Trustees John Baar, Michael Manzo (arrived at 7:11 pm) IN ATTENDANCE: David Niemeyer, Village Manager; Cathy Doczekalski, Interim Assistant Village Manager; Robert Kallien, Community Development Director, Sharon Dangles, Finance Director; Gary Clark, Acting Fire Chief; James Kruger, Police Chief; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT'S OPENING COMMENTS President Lalmalani stated that the next Village Newsletter will be coming out shortly and asked everyone to look for the newsletter in their mailboxes. President Lalmalani stated that an announcement and an appointment for a new Fire Chief will occur in the very near future. Finally, President Lalmalani announced that the Board is working to find a new Village Manager. Voorhees and Associates were hired to do a Manager search process to assist the Board in finding qualified candidates for the position. He stated that a Village Manager Search Committee was formed, consisting of all the Trustees and two residents, Harry Peters and Tom Cygan. President Lalmalani will be the Chairman the committee. 4. RESIDENTNISITOR COMMENTS Residents who signed up to speak will do so during the agenda item. 5. APPROVAL OF MINUTES A. SPECIAL EXECUTIVE MEETING MINUTES OF MARCH 3, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special Executive Meeting of March 3, 2014. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page I of 12 REGULAR MEETING OF APRIL 8,2014 B. SPECIAL EXECUTIVE MEETING MINUTES OF MARCH 6, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special Executive Meeting of March 6, 2014. VOICE VOTE: Motion carried. C. REGULAR EXECUTIVE MEETING MINUTES OF MARCH 11, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Regular Executive Meeting of March 11, 2014. VOICE VOTE: Motion carried. D. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 25, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Regular Board of Trustees Meeting of March 25, 2014. VOICE VOTE: Motion carried. E. SPECIAL BOARD OF TRUSTEES MEETING OF MARCH 26, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special Board of Trustees Meeting of March 26, 2014. 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 April 3, 2014 - $336,504.27 Significant Items included in Above: 1) Holland & Knight LLP—Legal Services—February, 2014 - $ 28,147.39 (FYI 4—YTD - $40,967.22) 2) Seyfarth, Shaw, LLP—Legal Services—February, 2014 -$1,306.20 (FY14—YTD - $9,855.13) TOTAL LEGAL BILLS PAID FOR 2014 - $73,402.76 B. Approval of Payroll for Pay Period Ending March 29, 2014 - $678,903.70 C. Community Development Referrals—NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Attorney Services for PEDA, PSEBA and Labor Contracts F. Ordinances & Resolutions 1) RESOLUTION 2014 ENG-CRKSL-AG-R-1353, Resolution Approving and Authorizing the Execution of an Agreement for Crack Sealing Services By and Between the Village of Oak Brook and SKC Construction, Inc. 2) RESOLUTION 2014-ENG-WA-MAIN-CNTRCT-R-1357, A Resolution VILLAGE OF OAK BROOK MINUTES Page 2 of 12 REGULAR MEETING OF APRIL 8,2014 Approving and Authorizing the Award and Execution of a Construction Contract Relating to the 2014 Water Main Replacement Project By and Between the Village of Oak Brook and J. Congdon Sewer Service, Inc. 3) RESOLUTION 2014-PP-S-1399, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook 4) RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Kluber, Inc. for Engineering and Architectural Services Related to the Installation of an Emergency Power System at the Butler Government Center 5) RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Clarke Environmental Mosquito Management for Mosquito Abatement Services G. Monthly Treasurer's Report—February 28, 2014 Motion by Trustee Moy, seconded by Trustee Adler to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 4—Trustees Adler, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 2 —Trustees Baar and Manzo Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA 1) Item 6.A.1 - Holland & Knight LLP—Legal Services—February, 2014 - $ 28,147.39 Trustee Adler questioned why some items on the Holland & Knight February invoice were separately billed rather than being part of the retainer fee. Attorney Friedman explained the separate billing for FOIA matters, Polo matters, special personnel matters, and franchise agreements. Motion by Trustee Adler, seconded by Trustee Moy to approve item 6.A.1 — Holland & Knight LLP—Legal Services - February, 2014 - $28,147.39. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None VILLAGE OF OAK BROOK MINUTES Page 3 of 12 REGULAR MEETING OF APRIL 8,2014 Absent: 1 —Trustee Baar Motion carried 2) Item 6.D.1 —Attorney Services for PEDA, PSBA, and Labor Contracts Motion by Trustee Adler, seconded by Trustee Manzo to refer this item to the Legal Committee for discussion. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: I —Trustee Baar Motion carried 3) Item 6.F.5. - RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Clarke Environmental Mosquito Management for Mosquito Abatement Services Trustee Adler asked Public Works Director Hullihan whether the Village is included in the DuPage County Mosquito Abatement Program. Public Works Director Hullihan stated no since the program does not meet with the Village's timeline. Motion by Trustee Adler, seconded by Trustee Moy to approve Item 6.F.5 - RESOLUTION 2014-PW-MSQTO-ABATE-AG-R-1355, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Clarke Environmental Mosquito Management for Mosquito Abatement Services. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: I —Trustee Baar Motion carried 4) Item 6.F.4. - RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Kluber, Inc. for Engineering and Architectural Services Related to the Installation of an Emergency Power System at the Butler Government Center Trustee Adler gave a brief history on the Village emergency power system and energy savings studies previously conducted and questioned why the engineering services for this and the Heritage Center HVAC Upgrade project are not considered as one project. VILLAGE OF OAK BROOK MINUTES Page 4 of 12 REGULAR MEETING OF APRIL 8,2014 Public Works Director Hullihan explained the previous study conducted by Kluber, Inc. and explained why this project and the Heritage Center HVAC Upgrade project are separate and why they are not just plug and play solutions. Trustee Moy stated that the cost for engineering services seems excessive. Manager Niemeyer stated that the original project was for switching the perimeter heat from electric to gas as well as emergency power. This project only addresses the emergency power system. Trustee Yusuf asked whether the emergency power generators requested are enough. Public Works Director Hullihan stated that he will have Kluber include alternatives for more power generation in the bid documents. Motion by Trustee Adler, seconded by Trustee Moy to approve Item 6.F. 4 - RESOLUTION 2014-ENG-ARCH-ELEC-BGC-AG-R-1356, A Resolution Approving and Authorizing a Professional Services Agreement By and Between the Village of Oak Brook and Kluber, Inc. for Engineering and Architectural Services Related to the Installation of an Emergency Power System at the Butler Government Center. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried 8. BOARD & COMMISSION RECOMMENDATIONS —NONE 9. UNFINISHED BUSINESS A. Oak Brook Park District— 1450 Forest Gate Road—Variation—To Amend Section 3, Paragraph Hof Ordinance S-1361 Motion by Trustee Moy, seconded by Trustee Manzo to accept the recommendations contained in Village Lighting Study as prepared by Rick Kellen of Line Associates and concur with the recommendation from the Zoning Board of Appeals and approve a request from Oak Brook Park District to amend Ordinance S-1361 to permit the use of the synthetic turf field lights year-round located at 1450 Forest Gate Road subject to the following conditions: 1. To accept the Park District's offer to install $30,000 of new landscaping on the Central Park property over the next two years to lessen the impact of the soccer and ball field lights on the adjacent residential area; 2. Park District implementation of the lighting consultant's recommendations; VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF APRIL 8,2014 3. Establish a timeframe or "bench mark" to require implementation by the Park District; 4. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; and 5. Adoption of an ordinance necessary to grant the requested special use, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the April 22, 2014 Board of Trustees meeting. Trustee Moy gave a brief history regarding the Park District lighting issue and the studies conducted which show that the lights are in compliance. Trae Manny, from Eclipse Soccer, discussed the many benefits of training at the Oak Brook Park District. Resident Brian Berg spoke regarding his support of the requested variation from the Oak Brook Park District and feels that it is a good initiative to bringing revenue and younger families to Oak Brook. Resident Sharon Knitter, representing the Oak Brook Park District Commissioners, discussed many points showing that the Park District has done everything that the Forest Gate residents have requested. She also requested that the Board approve the requested variation. Resident Andrea Cygan discussed the reasons why the Village must vote no for the requested variation. She also discussed how the Park District lights do not comply with the Village ordinance. Resident Bill Lindeman discussed alternatives, such as visors, to reducing the glare from the Park District lights. Resident Ernest Karras, representing the Forest Gate Homeowners Association Board, discussed the history of the Park District lights and the excessive glare issue. He also requested that the Village enforce the existing ordinance and not allow for a variation. Resident Lou Paskalides supports the Park District's request for a variation. Cindy Mochel, Executive Director of the United Soccer Academy, requested that the Village Board approve the Park District variation request. VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF APRIL 8,2014 Resident Greg Huck expressed his disappointment with the Forest Gate Subdivision and hopes the Village approved the recommended variation. Resident Russell McLaughlin expressed his support of the variation request and believes that the inconvenience to Forest Gate residents is minimal. Laure Kosey, from the Oak Brook Park District, discussed the type 2 lighting at the field and stated that the District's goal is to make sure the fields are safe and that they maintain integrity when they are lit. The consultant hired by the Village, Rick Kellen, briefly explained his experience and background and discussed the study he conducted. He also discussed the different classes of lights, sources of light, and measuring glare. He also stated that his professional opinion is that the lights at the Park District synthetic soccer field are not intrusive. Trustee Manzo asked if lowering the lamp wattage will help. Rick Kellen stated that it is more cost effective to change the light fixtures than changing the lamp itself. Trustee Wolin asked questions regarding the different types of lighting and what is best for the synthetic soccer field. He stated that since the lights are in violation of the ordinance, he cannot vote in favor of the variation request. He also discussed the recommended changes proposed by Forest Gate residents. Trustee Manzo feels that a suitable compromise can be reached. He stated that he cannot support the variation request without the conditions of rechecking the lights and potentially replacing the existing lights with type 3 lights. He feels that this will help resolve the situation. Resident Bob Aprati stated that Forest Gate residents would not object to the soccer field lights if they were in accordance with the ordinance. He also objects with the request to use the soccer field lights year round. Trustee Moy stated he is in favor of the variation requested by the Park District and that it is reasonable to allow the lights to be used year-round. He also reiterated the findings of the study conducted by Rick Kellen. Trustee Adler stated that Forest Gate residents and the Park District have spent a lot of time and effort on this issue and that he is disappointed a resolution has not been reached. He hopes that everyone involved can work together and come up with a reasonable VILLAGE OF OAK BROOK MINUTES Page 7 of 12 REGULAR MEETING OF APRIL 8,2014 solution. He further stated that he is not in favor of the variation request as presented. Per Trustee Yusuf s request, Rick Kellen gave a brief history of field 1 lighting. Trustee Yusuf stated that he feels all requirements have been satisfied and reasonable steps have been taken to address this issue. Attorney Friedman stated that if the original motion is denied without any other further action, such as deferring to a future date, this matter must start all over again by first returning to the ZBA. Motion by Trustee Wolin, seconded by Trustee Manzo to defer this matter until May 27, 2014. VOICE VOTE: Motion carried. B. Ordinances & Resolutions 1) RESOLUTION 2014-ENG-SIGN-AG-R-1358, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and ASE Illini-Scapes, Inc. for a Monument Sign at 22nd Street and York Road Trustee Adler stated that he does not support this measure due to concerns he has regarding the design and lighting of the monument sign proposed. Attorney Friedman stated that according to State Statute, this project can be funded from the hotel tax fund. Trustee Yusuf stated that he is in support of the monument sign project. Trustee Manzo stated that he likes that the monument signs will be uniform across the Village and supports the measure. Former Trustee Jeff Kennedy discussed the Village Beautification Plan that was adopted in 2006 and where future monument signs will go throughout the Village. Resident Kathy Maher stated that this project is a good branding tool and feels the monument sign project should move forward quickly. She also stated that she would like to see the beautification of the Butler Government Center grounds. Motion by Trustee Wolin, seconded by Trustee Manzo that a contract be awarded to ASE Illini-Scapes, Inc. for the Monument Sign (22"d Street and York Road) Project in the amount of$48,616. ROLL CALL VOTE: Ayes: 4—Trustees Manzo, Moy, Wolin, and Yusuf VILLAGE OF OAK BROOK MINUTES Page 8 of 12 REGULAR MEETING OF APRIL 8,2014 Nays: 1 —Trustee Adler Abstain: 0—None Absent: 1 —Trustee Baar C. Hotel Tax Ordinance Change—DISCUSSION ONLY Trustee Adler discussed the memo on the hotel tax ordinance that Attorney Friedman prepared a few weeks ago. The memo included the following: • Hotel Tax Statute • Village Hotel tax • Issues for Consideration Trustee Adler urged that the Village code be clarified by amending it to line up to the wording in the Illinois State Statute. Tracy Mulqueen, President of the Greater Oak Brook Chamber of Commerce, stated that the Chamber would like to work in full partnership with the Village on amending the Village code. Trustee Wolin reviewed the history and intent of the hotel tax ordinance and how the money has been used for Village beautification. Trustee Manzo stated that the hotel tax should benefit the hotels and businesses as well as the residents. He is in favor of amending the ordinance to expand the Village's scope of expenditures as permitted by law. He stated that he is not in favor of stifling any of the beautification and streetscape projects currently taking place in the Village. Former Trustee Jeff Kennedy discussed the history of the additional 2% hotel tax to be used on streetscape and beautification projects and stated that reverting the wording in the Village ordinance is a breach of faith. Trustee Adler stated that the intent of an amendment is to clarify wording in the ordinance, not to revert what was agreed upon with hotels, local businesses, and the Chamber. Trustee Yusuf believes the Village Ordinance should mirror the State Statute to make sure there is no ambiguity. He stated that he will not support any measure that threatens the viability of existing programs that are very beneficial to the Village. 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Reappointments to Various Boards, Commissions and Committees (Board of Fire and Police Commissioners, Library Commission, Plan Commission, and Police Pension Fund) VILLAGE OF OAK BROOK MINUTES Page 9 of 12 REGULAR MEETING OF APRIL 8,2014 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointment of Judy Lucas to the Oak Brook Board of Fire and Police Commissioners to a term that expired in May of 2017. VOICE VOTE: Motion carried. Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointments of Jeff Franklin, Veena Mendiratta and Hope Sabbagha to the Oak Brook Library Commission to a term to expire in May of 2017. VOICE VOTE: Motion carried. Motion by Trustee Manzo, seconded by Trustee Moy to approve the reappointments of Marcia Tropinski as Chairman, Raj Lal, Naveen Jain to the Oak Brook Plan Commission to a term that expires in May of 2017. VOICE VOTE: Motion carried. Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the reappointment of Alan Feldman to the Oak Brook Police Pension Fund for a term that expires in 2016. VOICE VOTE: Motion carried. B. Ordinances & Resolutions - PULLED 1) RESOLUTION 2014-ENG-BSLMUSEUM-HVAC-R-1354, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Oak Brook Mechanical Services for the Purchase and Installation of a HVAC System for the Heritage Center C. Authorization to Seek Bids or Proposals or Negotiate Contracts — DISCUSSION ONLY 1) Refuse Collection Contract Trustee Wolin stated that the contract for residential refuse collection with Republic Services expires at the end of 2014 and requested input from the Board on the following: 1) Is Monday the preferred day for waste pick-up? 2) Would Tuesday pick-up be better since many holidays occur on Monday? 3) Is it acceptable to have waste pick-up on multiple days of the week or should we require pick-up on one day? 4) Any changes in service desired? 5) Should we conduct a bid process or a request for proposal process? 6) Should the HOA presidents be contacted for input? Resident Peter Huizenga stated that he has a high level of respect for Republic Services, that he prefers pick-up day to remain on Monday and that the fees are reasonably priced. He feels that Republic Services has earned the right for contract renegotiation and extension. Discussion ensued and the consensus was to review with Homeowners Association Presidents for feedback and to conduct the request for proposal process. VILLAGE OF OAK BROOK MINUTES Page 10 of 12 REGULAR MEETING OF APRIL 8,2014 D. Employee Insurance Presentation Interim Assistant Village Manager Doczekalski gave a brief update on the insurance process as an introduction for the actual renewal that will take place at the June board meeting. Items discussed were as follows: • Changes over the past several years • Comparable premium sharing • Employee insurance update timeline • Future events Trustee Adler suggested that this item be brought back to the Board at the last Board meeting in May for a final decision. 11. INFORMATION & UPDATES A. VILLAGE MANAGER—NONE B. VILLAGE CLERK Clerk Pruss reminded everyone that "Taking Care of Business Day" is May 7th from 10 am — 3 pm at the Public Library. She mentioned the different vendors attending the event. C. TRUSTEES Trustee Adler stated that McDonalds has agreed to provide shuttle service for Polo events. D. VILLAGE ATTORNEY—NONE E. VILLAGE PRESIDENT Chief Kruger asked everyone to support the Special Olympics fundraiser being held at Blueberry Hill on Saturday from 10:00 am— 12:00 pm. He also stated that the Oak Brook Police Department and the FBI will be participating in a training exercise around the Oakbrook Center on Sunday from 5:00 am— 10:00 am. Finance Director Dangles mentioned that Polo tickets are now available for sale. Interim Assistant Village Manager Doczekalski stated that the Village is very close to hiring a B&T Manager. She also mentioned the open part-time positions in Public Works and Administration. Community Development Director Kallien stated that the Borders space will be occupied by the Great Escape. 12. ADJOURN TO CLOSED SESSION Motion by Trustee Wolin, seconded by Trustee Yusuf to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) collective VILLAGE OF OAK BROOK MINUTES Page 11 of 12 REGULAR MEETING OF APRIL 8,2014 negotiating matters, and (3) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body pursuant to section 2c(21), 2c(2), and 2c(1) of the Illinois Open Meetings Act, respectively. ROLL CALL VOTE: Ayes: 5 —Trustees Adler, Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried This meeting was adjourned to closed session at 11:00 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 11:55 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 12 of 12 REGULAR MEETING OF APRIL 8,2014