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Minutes - 04/22/2014 - Board of Trustees (2) MINUTES OF THE APRIL 22, 2014 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON MAY 13, 2014 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. In honor of National Police Week, the Oak Brook Police Honor Guard presented the colors. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: Trustee Michael Manzo (arrived at 7:15 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; Susan Madorin, Library Director; 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 announced that John Towers, a 44-year Oak Brook resident, passed away on April 6th and expressed the Village’s deepest condolences to the family. A moment of silence was given. President Lalmalani introduced Mr. Art Osten who will take over as Acting Village Manager starting June 2, 2014. Mr. Osten thanked the Board for the opportunity and stated that he is looking forward to working with the Village Board and staff. President Lalmalani discussed the suburban and down state Mayors news conference on pension reform he attended over the weekend and stated that a comprehensive solution is needed to insure the solvency of pension plans for generations to come. A. Proclamation – National Police Week VILLAGE OF OAK BROOK MINUTES Page 1 of 10 REGULAR MEETING OF APRIL 22, 2014 The Proclamation was read by Clerk Pruss. B. Proclamation – DuPage River Sweep The Proclamation was read by Clerk Pruss. C. Proclamation – Building Safety Month The Proclamation was read by Clerk Pruss. D. Proclamation - Autism Awareness Month The Proclamation was read by Clerk Pruss. E. Heritage Center Annual Report Resident Kathleen Maher and Neil Vogel from Restoric LLC, presented the Board with the Heritage Center annual report. The presentation included the following: • Oak Brook Historical Society Mission Statement • Board of Directors • Revenue Sources • All American Girls Professional Baseball League Reception • Volunteers • Programs Offered • Brook Forest Essay Contest • Eagle Scout Project • Community Outreach • Restoration Projects Completed at the Heritage Center Since 2009 President Lalmalani thanked Kathleen Maher for all her hard work. 4. RESIDENT/VISITOR COMMENTS – NONE 5. APPROVAL OF MINUTES A. REGULAR EXECUTIVE MEETING MINUTES OF MARCH 25, 2014 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Executive Meeting of March 25, 2014. VOICE VOTE: Motion carried. B. SPECIAL EXECUTIVE MEETING MINUTES OF MARCH 26, 2014 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the minutes of the Special Executive Meeting of March 26, 2014. VOICE VOTE: Motion carried. C. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 8, 2014 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the minutes of the Regular Board of Trustees Meeting of April 8, 2014. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK MINUTES Page 2 of 10 REGULAR MEETING OF APRIL 22, 2014 D. SPECIAL AD HOC LEGAL BILL COMMITTEE OF APRIL 10, 2014 Motion by Trustee Wolin, seconded by Trustee Moy to approve the minutes of the Special Ad Hoc Legal Bill Committee meeting of April 10, 2014. VOICE VOTE: Motion carried. E. SPECIAL BOARD OF TRUSTEES MEETING OF APRIL 10, 2014 Motion by Trustee Moy, seconded by Trustee Baar to approve the minutes of the Special Board of Trustees Meeting of April 10, 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 17, 2014 - $1,134,449.29 Significant Items included in Above: 1) Ancel, Glink, Diamond, Bush, DiCianni & Krafhefer, P.C., - Legal Services - March, 2014 - $5,618.75 (FY14 – YTD - $15,010.49) 2) Hervas, Condon & Bersani, P.C., - Legal Services - March, 2014 - $314.00 (FY14 – YTD - $5,802.01) 3) Rathje Woodward, LLC - Legal Services - March, 2014 - $3,333.33 (FY14 – YTD - $9,999.99) TOTAL LEGAL BILLS PAID FOR 2014 - $82,668.84 4) DuPage Water Commission – March 31, 2014 - $313,282.12 B. Approval of Payroll for Pay Period Ending April 12, 2014 - $671,680.80 C. Community Development Referrals – NONE AT THIS TIME D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Heritage Center Doors and Exterior Painting Project 2) Attorney Services for PEDA, PSEBA and Labor Contracts E. Budget Adjustments – NONE AT THIS TIME F. Ordinances & Resolutions 1) RESOLUTION 2014-ENG-WA-MAIN-AG-R-1360, A Resolution Approving and Authorizing the Execution of a Professional Services Agreement for Engineering Services for the 2014 Water Main Project 2) RESOLUTION 2014-LY-HVAC-R-1362, A Resolution Authorizing the Purchase of a HVAC Control System for the Library HVAC System 3) RESOLUTION 2014-PD-MUTAID-IGA-R-1359, A Resolution Authorizing the VILLAGE OF OAK BROOK MINUTES Page 3 of 10 REGULAR MEETING OF APRIL 22, 2014 Execution of a Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation 4) RESOLUTION 2014-EASE-FCWRD-EX1-R-1361, A Resolution Approving and Authorizing the Execution of a Permanent Non-Exclusive Easement (Flagg Creek Water Reclamation District) G. Monthly Treasurer’s Report – March 31, 2014 Motion by Trustee Yusuf, seconded by Trustee Adler to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA 1) Item 6.D.2. – Authorization to Seek Proposals - Attorney Services for PEDA, PSEBA and Labor Contracts Motion by Trustee Adler, seconded by Trustee Manzo to defer this item pending further clarification on what the Village’s goal is and the direction with respect to legal services over all. VOICE VOTE: Motion failed, 4 – 2. Trustees Moy and Manzo stated that they do not have a problem with deferring this item. Manager Niemeyer stated that the Board approved authorization to seek proposals in 2013 and that the goal now is to have a labor attorney chosen prior to the start of Police Union negotiations in September. Trustee Moy agreed with Manager Niemeyer and stated that this item may be time sensitive and that the Board should approve this item. Discussion ensued regarding allowing attorneys to submit proposals on all or one specific service requested, hiring an in-house attorney, and the consensus was to approve this item and to further discuss the overall legal services required for the Village. Motion by Trustee Baar, seconded by Trustee Wolin to seek requests for proposals for Attorney Services for PEDA, PSBEBA, and Labor Contracts. VOICE VOTE: Motion carried, 5 – 1. VILLAGE OF OAK BROOK MINUTES Page 4 of 10 REGULAR MEETING OF APRIL 22, 2014 2) Item 6.F.2 - RESOLUTION 2014-LY-HVAC-R-1362, A Resolution Authorizing the Purchase of a HVAC Control System for the Library HVAC System Trustee Yusuf removed this item from the consent agenda so he can recuse himself from voting since he currently has a quote from the same company for HVAC work at one of his commercial properties. Motion by Trustee Manzo, seconded by Trustee Wolin to approve RESOLUTION 2014- LY-HVAC-R-1362, A Resolution Authorizing the Purchase of a HVAC Control System for the Library HVAC System. ROLL CALL VOTE: Ayes: 5 –Trustees Adler, Baar, Manzo, Moy, and Wolin Nays: 0 – None Abstain: 1 – Trustee Yusuf Absent: 0 – None Motion carried 8. BOARD & COMMISSION RECOMMENDATIONS A. Binny’s Beverage Depot and Mid-America Asset Management – Text Amendment – Section 13-7A.1 of the Zoning Ordinance Trustee Wolin supports this text amendment but stated he has an issue with the signage and that Binny’s agreed to reduce the sizes of the three signs proposed. He suggested that wording be added to allow the signage to be 90 square feet on all three sides of the building. Community Development Director Kallien stated that the Code allows 150 square feet on the front of the building (east), 137.5 on the south and 52 square feet on the west side. He also stated that the signage is in scale with the size of the building and the setback of the building from the street. He further stated that the signage proposed meets the requirements of the sign code. Don Rickard, the architect and general contractor for the construction and remodeling of the Binny’s stores, introduced Michael Binstein, CEO of Binny’s Beverage Depot and Brad Stein, Controller. Mr. Rickard stated that adjustments were made due to comments received at both the Plan Commission and Zoning Board of Appeals public hearings and the adjusted signage consisted mostly of reallocation. He also stated that there was some support at the public hearing to do some reallocation to the west side, which is where the greatest need for visibility is. Trustee Moy asked how vital the west side sign size was to their necessary marketing and exposure to the traffic on Route 83. Mr. Rickard responded that Binny’s felt that it was very important. VILLAGE OF OAK BROOK MINUTES Page 5 of 10 REGULAR MEETING OF APRIL 22, 2014 Trustee Baar questioned the lighting intensity and whether the sign ordinance addressed that. Director of Community Development Kallien stated that the sign code has some illumination requirements and that the signs will require a building permit. He also stated that there will be a discussion as to what is the appropriate level of intensity. Trustee Yusuf stated he would like to see three 90 square foot signs, all consistent and in the same pattern. Trustee Adler questioned the Village guideline for signage square footage. Director of Community Development Kallien stated that wall signs could be up to 240 square feet or not to exceed five percent of the wall space, whichever is less. Trustee Adler questioned whether the proposed Binny’s signs meet that guideline. Director of Community Development Kallien stated that the amount of signage that is allowed on this tenant space meets the code accumulatively. Michael Binstein, owner of Binny’s, stated that he was grateful and they had wanted to be in Oak Brook for a long time. He also stated that they are trying to neutralize some very serious inherited disadvantages with this site. He further stated that Route 83 gets 30,000- 40,000 drivers per day and they want to make sure that they can capture a fair amount of that traffic. Trustee Manzo stated that Binny’s had shown good faith and took the request from the Zoning Board of Appeals and made some modifications. He also stated that Binny’s is not seeking a variance and they are not seeking something outside of the Code. Discussion ensued regarding the proposed signage and code requirements, and the consensus was to approve the text amendment. Motion by Trustee Moy, seconded by Trustee Baar to concur with the recommendation from the Zoning Board of Appeals and Plan Commission and approve the request from Binny’s Beverage Depot and Mid-America Asset Management for a text amendment to Section 13-7A.1 of the B-1 District to allow liquor stores, retail sales of package goods in stores with a minimum of 10,000 square feet of retail space as a permitted use subject to the following condition: Adoption of an ordinance necessary to grant the requested text amendment, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the May 8, 2014 Board of Trustees meeting. ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 6 of 10 REGULAR MEETING OF APRIL 22, 2014 Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 9. UNFINISHED BUSINESS – NONE 10. ACTIVE BUSINESS A. Confirmation of Appointments 1) Acting Village Manager Motion by Trustee Manzo, seconded by Trustee Baar to approve the appointment of Mr. Art Osten as Acting Village Manager until a permanent replacement can be hired. VOICE Vote: Motion carried. B. Ordinances & Resolutions – NONE C. Award of Contracts – NONE D. Police and Firefighters’ Pension Fund Actuarial Studies Motion by Trustee Baar, seconded by Trustee Moy that the Village Board accept the attached actuarial reports of the Police Pension Fund prepared by Lauterbach & Amen and the actuarial report prepared by Foster & Foster hired by the Village of Oak Brook for the Firefighters’ Pension Fund for inclusion in the Comprehensive Annual Financial Report (CAFR). Finance Director Dangles gave a brief a presentation on the Police and Firefighters’ Pension Funds which included the following: • Fund Members and Beneficiaries • Employee Contribution Rates Set by Law • Mandatory Participation • Funds Governed and Set by Statute • Funds Written Investment Policies • Benefits Controlled by Statute and Protected by the Illinois Constitution • Pension Benefit Rates • Investment Types • Village Contribution Levels • Changes in Benefits Enacted in Illinois • Funding of Pension Obligations • Village Determines Pension Contributions • Actuarial Process in Oak Brook VILLAGE OF OAK BROOK MINUTES Page 7 of 10 REGULAR MEETING OF APRIL 22, 2014 • Police and Fire Pension Reform • Results of the Police Actuarial Studies Conducted by Foster & Foster and Lauterbach & Amen • Results of Firefighters Actuarial Study Conducted by Eisenberg Associates • New Reporting Requirements Jason Franken from Foster & Foster and Janet Eisenberg from Eisenberg Associates were in attendance to answer questions. Discussion ensued regarding the actuarial assumptions, salary increase assumptions, payroll growth assumptions, Village contribution rates, 2013 actuarial report results, differences in mortality tables used, disability plans, unfunded liability, and the entry age normal and project unit credit cost methods. Trustee Wolin stated that he cannot dispute the Village contribution rates recommended for the Firefighters’ Pension Fund. He also stated that the Police Pension Fund Board members were very positive with the Village contribution rates recommended by Lauterbach & Amen. He finally stated that the Village Board has to take into consideration the Village budget also. Manager Niemeyer stated that the Village has always contributed what the hired actuary recommended. He also stated that this is a tough decision and that the conservative thing to do is to accept the two actuary studies conducted for the Village by Foster & Foster and Eisenberg Associates. He also stated that there are other options such as phasing in the suggested payments over a few years, which is what he is recommending. Trustee Adler stated that the Village should accept the actuarial report conducted by Eisenberg Associates for the Firefighters’ Pension Fund. He also stated he has a very difficult time accepting the actuarial report conducted by Lauterbach & Amen for the Police Pension Fund because they are using a non standard methodology. He reiterated what Jason Franken stated that we either pay now or pay later. Also, he stated that the Board can limit the vote tonight to what Finance Director Dangles needs for the financial statements. Finally, he recommended accepting the reports completed by Foster & Foster for the Police Pension Fund and Eisenberg Associates for the Firefighters’ Pension Fund. Trustee Yusuf stated he also agrees with accepting the reports completed by Foster & Foster and Eisenberg Associates, and also agrees with the recommended contribution suggestions. Trustee Baar withdrew the motion he previously made. Trustee Manzo stated that residents should have the opportunity to speak on the matter of contribution amounts. VILLAGE OF OAK BROOK MINUTES Page 8 of 10 REGULAR MEETING OF APRIL 22, 2014 The consensus was to approve the reports tonight and to approve the Village payment amounts per fund at a later meeting. Trustee Baar suggested that the Village start looking at all options available for funding the pension plans for this year and moving forward. Motion by Trustee Adler, seconded by Trustee Wolin that the Village Board accept the actuarial valuation report prepared by Foster & Foster for the Village relating to the Police Pension Plan and that we accept Janet Eisenberg’s report prepared at the request of the Village for the Fire Pension Plan. ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried D. Sports Core Financial Update Sports Core Director VanDyke gave a brief update on the Sports Core financials which included the flowing: • Review of 2013 Revenues and Expenses as a Whole • Review of 2013 Revenues and Expenses by Program • Comparison of 2013 and 2012 Sports Core Operations • Sports Core History of Net Operating Income/(Loss) History • Discussion of the Sports Core 2014 Budget • Ways to Improve Rounds of Golf 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. C. TRUSTEES Trustee Adler asked Manager Niemeyer for an update on the Park District lighting issue. Manager Niemeyer stated that a meeting was held with the Park District and some progress was made. He also stated that Community Development Director Kallien is working towards coming up with reasonable changes to the lighting code. Trustee Manzo discussed the meeting held with the Park District regarding the lighting issue and stated the next step is to meet with Forest Gate residents. He also stated that he is hopeful that a compromise is close. VILLAGE OF OAK BROOK MINUTES Page 9 of 10 REGULAR MEETING OF APRIL 22, 2014 Trustee Wolin discussed the Village’s electric aggregation program and suggested that if residents are paying more than $.052/kwh to call the Village for information on how to join the program. D. VILLAGE ATTORNEY – NONE E. VILLAGE PRESIDENT Chief Kruger announced that Detective Ben Kadolph was promoted to Police Sergeant. Library Director Madorin announced the various events taking place at the Library. 12. ADJOURN TO CLOSED SESSION Motion by Trustee Wolin, seconded by Trustee Manzo to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed under this act, 2) collective 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: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried This meeting was adjourned to closed session at 10:28 pm. 13. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Moy to adjourn the Regular Meeting of the Board of Trustees at 11:41 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 10 of 10 REGULAR MEETING OF APRIL 22, 2014