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Notices - 05/13/2014 - Board of Trustees MINUTES OF THE MAY 13, 2014 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 27, 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. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal Lalmalani, Trustees Donald Adler, John Baar, Michael Manzo, Mark Moy, Gerald Wolin, and Asif Yusuf. ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Cathy Doczekalski, Interim Assistant Village Manager; Robert Kallien Jr., Community Development Director, Barry Liss, Fire Chief; Art Osten Jr., Interim Village Manger, James Kruger, Police Chief; Michael Hullihan, Public Works Director; Trey VanDyke, Sports Core Director; and Peter Friedman, Village Attorney. 3. PRESIDENT’S OPENING COMMENTS A moment of silence was given for the passing of Pierce James Maher and Roberta Cunningham. Resident Kathleen Maher expressed gratitude on behalf of her family for the many condolences and support given during this very hard time due to the loss of her father and sister. President Lalmalani announced that item 9.A.2 - A Resolution Approving an Agreement By and Between the Village of Oak Brook and the International Association of Fire Fighters, Local #4646 will be pulled from the agenda. President Lalmalani announced that Fire Chief Barry Liss was sworn into office this evening and welcomed him to the Oak Brook team. President Lalmalani thanked BC Clark for all his hard work and dedication while serving as Acting Fire Chief. President Lalmalani introduced Mr. Dean Koskin, the new Sports Core Recreation Manager, and welcomed him to the Oak Brook. VILLAGE OF OAK BROOK MINUTES Page 1 of 8 REGULAR MEETING OF MAY 13, 2014 President Lalmalani discussed the Homeowner Association Presidents meeting and stated a lot of the discussion was on fire and police pension, the possibility of outsourcing or consolidation of public safety functions, projects being worked on by the Streetscape and Commercial Revitalization Committees, and Polo. President Lalmalani stated that the Board will be holding a discussion at the June meeting on whether or not it will go out for an RFP on residential waste pick-up services. He also stated that the Homeowner Association Presidents expressed their desire to maintain Monday as the pick-up day for refuse. President Lalmalani stated that ComEd announced a big rate hike for customers who get their electricity supplied by ComEd. The new average annual rate is 7.48 cents per kwh, compared to the rate the village secured from Verde Energy of 5.184 cents per kwh, which is good thru next June. While the Villages aggregation customers still pay ComEd for separate distribution charges which amounts to about 30% of the total bill, Village aggregation customers still see big savings compared to staying with ComEd as the supplier. Residents who haven’t switched should call Verde at 800-241-0295. Trustee Wolin briefly discussed the electric aggregation program and the current contract with Verde Energy. A. Proclamation – National Public Works Week The Proclamation was read by Clerk Pruss. B. Proclamation – EMS Week The Proclamation was read by Clerk Pruss. C. Fire Department I.S.O. Presentation President Lalmalani congratulated the Fire Department for achieving an I.S.O. Class 2 Rating. BC Marciniak gave a brief presentation which included the following: • The I.S.O. evaluation began in July 2013 • Concluded in October 2013 • Report was issued April 28, 2014 • I.S.O. evaluation criteria such as needed fire flow, emergency communications, fire department, water supply, etc. • Previously rated I.S.O Class 3 • Now rated I.S.O Class 2 effective August 1, 2014 • Places Oak Brook in an elite group, top 1.6% nationwide • May reflect insurance rate savings for businesses making Oak Brook a more attractive community • New Ladder Truck anticipation in–service date of July 1, 2014 VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF MAY 13, 2014 • I.S.O Class 1 would require substantial new investments 4. RESIDENT/VISITOR COMMENTS Resident Jim Carson and Linda Linford discussed the DuPage Convalescent Center and gave the Board a brief overview on the facility and discussed upcoming fundraisers for the Center. 5. APPROVAL OF MINUTES A. REGULAR EXECUTIVE MEETING MINUTES OF APRIL 8, 2014 Motion by Trustee Manzo, seconded by Trustee Wolin to approve the minutes of the Regular Executive Meeting of April 8, 2014. VOICE VOTE: Motion carried. B. SPECIAL EXECUTIVE MEETING MINUTES OF APRIL 10, 2014 Motion by Trustee Baar, seconded by Trustee Manzo to approve the minutes of the Special Executive Meeting of April 10, 2014. VOICE VOTE: Motion carried. C. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 22, 2014 Motion by Trustee Baar, seconded by Trustee Wolin to approve the amended minutes of the Regular Board of Trustees Meeting of April 22, 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 May 8, 2014 - $448,063.99 Significant Items included in Above: 1) Holland & Knight LLP – Legal Services – March, 2014 - $20,444.29 (FY14 – YTD - $59,501.01) 2) Seyfarth, Shaw, LLP – Legal Services – March, 2014 -$768.35 (FY14 – YTD - $10,623.48) TOTAL LEGAL BILLS PAID FOR 2014 - $102,436.48 B. Approval of Payroll for Pay Period Ending April 26, 2014 - $680,592.76 C. Community Development Referrals 1) 1220 – 1300 Kensington Road Resubdivision – Final Plat – Two-lot Subdivision D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Pedestrian Access Projects 2) Reservoir A Fuel Tank Replacement VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF MAY 13, 2014 E. Budget Adjustments 1) Police Special Teams Operations General Equipment to Police Special Teams Operations Maintenance Other Equipment - $2,500 F. Ordinances & Resolutions 1) ORDINANCE 2014- ZO-TA-G-1023, A Ordinance Approving a Text Amendment to Section 13-7A-1 of the Zoning Ordinance of the Village of Oak Brook 2) RESOLUTION 2014-FI-BNKSRV-R-1366, A Resolution Adding and Removing Various Officers as Signatories on Village Bank Accounts 3) RESOLUTION 2014-PL-AG-R-1368, A Resolution Approving an Amendment to the Employee Lease Agreement Between the Village and GovTempUSA, LLC 4) RESOLUTION 2014-BD-CL-MIN-R-1363, A Resolution for the Approval and Release of Closed Meeting Minutes 5) RESOLUTION 2014-CNSTRCTN-ST-CNTRCT-R-1365, A Resolution Approving and Authorizing the Execution of a Construction Contract Relating to Street Improvement Work By and Between the Village of Oak Brook and R.W. Dunteman Co. Motion by Trustee Manzo, seconded by Trustee Moy 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.A.1. – Holland & Knight LLP – Legal Services – March, 2014 - $20,444.29 Trustee Baar requested that the Legal Committee finalize the yearly agreement discussion with Holland & Knight and come up with mutually agreed upon terms and conditions. Trustee Moy stated that he would do so. Motion by Trustee Adler, seconded by Trustee Wolin to approve Item 6.A.1. ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF MAY 13, 2014 Absent: 0 – None Motion carried 2) Item 6.D.1. - Authorization to Seek Bids or Proposals or Negotiate Contracts – Pedestrian Access Projects Trustee Adler stated he has significant concerns for these projects qualifying to be paid from the Hotel/Motel Tax Fund. He requested that Attorney Friedman give his opinion on whether the expenditures qualify to be taken from the Hotel/Motel Tax Fund. Attorney Friedman gave his opinion that these expenditures are not prohibited by State Statute and that this is a policy decision for the Board to make. Manger Niemeyer stated that many of the Hotel Managers are in favor of these projects because they see it as a great benefit to their businesses. He also stated these projects were an initiative of one of the Hotel Managers. He also stated that this is a very good use of the hotel/motel tax funds. Trustee Manzo stated he agrees with Attorney Friedman’s opinion and that the Village can use the funds for pedestrian access projects and to beautify the Village. Trustee Yusuf stated that these projects are part of the beautification of Oak Brook and will improve access to the mall. Resident Jeff Kennedy stated that the entire beautification initiative has the solid support of the Hotel Managers and Homeowners Association Presidents. He also stated that it was the Hotels that stated something needed to be done to improve the pedestrian access from the hotels to the malls and surrounding businesses. Motion by Trustee Adler, seconded by Trustee Manzo to approve item 6.D.1. ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 3) Item 6.F.3. - RESOLUTION 2014-PL-AG-R-1368, A Resolution Approving an Amendment to the Employee Lease Agreement Between the Village and GovTempUSA, LLC. Trustee Adler asked Attorney Friedman if he reviewed the contract. Attorney Friedman stated yes. Motion by Trustee Adler, seconded by Trustee Manzo to approve item F.3. VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF MAY 13, 2014 ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 8. BOARD & COMMISSION RECOMMENDATIONS – NONE 9. UNFINISHED BUSINESS A. Ordinance & Resolutions 1) York & Harger Road Update RESOLUTION 2014-ENG-ST-IMPROVE-AG-R-1367, A Resolution Approving and Authorizing the Execution of an Agreement with Civiltech Engineering, Inc. for Preparation of a STP Funding Application for Improvements to the Intersections near North York Road and Roosevelt Road Trustee Wolin stated that this matter involves making improvements to the York & Harger intersection by placing stop lights and allowing left turns. This will help both the businesses and residents in the area. Motion by Trustee Wolin, seconded by Trustee Manzo that the Village Board authorize the execution of a Professional Services Agreement with Civiltech Engineering, Inc. for preparation of Surface Transportation Program (STP) Funding Application for the North York Road/Harger Intersection Improvement for an amount not to exceed $16,656. ROLL CALL VOTE: Ayes: 6 –Trustees Adler, Baar, Manzo, Moy, Wolin, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 2) RESOLUTION 2014-CNTRCT-FD–IAFF-EX-R-1364, A Resolution Approving an Agreement By and Between the Village of Oak Brook and the International Association of Fire Fighters, Local #4646 – REMOVED 10. ACTIVE BUSINESS A. Confirmation of Appointments – NONE B. Ordinances & Resolutions – NONE C. Award of Contracts – NONE VILLAGE OF OAK BROOK MINUTES Page 6 of 8 REGULAR MEETING OF MAY 13, 2014 11. INFORMATION & UPDATES A. VILLAGE MANAGER – NONE B. VILLAGE CLERK – NONE C. TRUSTEES Trustee Manzo stated that the work being done at the mall is fantastic. Trustee Baar stated that the Golf Course Clubhouse food is delicious and encouraged everyone to go. Trustee Moy stated that he participated in the Oak Brook Park District Pink 5K Run for Breast Cancer last weekend and activities like this are a great way of promoting the Village. Trustee Yusuf stated that the pedestrian access projects are a plus and that he would like to see a shared parking agreement with the mall and surrounding businesses. He also discussed ways to expedite the Board meetings by getting clarification on items prior to the meeting. D. VILLAGE ATTORNEY Attorney Friedman announced that the Illinois Attorney General is beginning to issue opinions on many FOIA issues. He also announced that the U.S. Supreme Court ruled that having an opening prayer at public body meetings is not a violation of the Constitution as long as proselytization is not involved. E. VILLAGE PRESIDENT Chief Kruger stated that last Wednesday was the graduation for the Citizens Police Academy. He reminded residents that Peace Officer Memorial Day is Thursday and that flags should be flown at half mass. He finally announced that he and DC Cates will be attending the School of Police Staff and Command graduation on Friday for Sgt. Brian Strokis. Chief Liss stated that the Fire Department received notice from Good Samaritan Hospital that it is the 1st runner up for the 2014 Joseph Hartman Award of Excellence. The award will be presented to the Fire Department on May 21, 2014. Sport Core Director VanDyke discussed golf course maintenance and commented on the Chicago Tribune article on the poor conditions of golf courses in the area. He also discussed upcoming events at the Bath & Tennis Clubhouse. Interim Village Manager Osten stated that he appreciates and is enjoying the opportunity to serve Oak Brook and encouraged everyone to buy tickets for Polo. VILLAGE OF OAK BROOK MINUTES Page 7 of 8 REGULAR MEETING OF MAY 13, 2014 Public Works Director Hullihan stated the construction season has begun, starting with the 2014 Water Main and Street Improvement Projects. Community Development Director Kallien updated the Board regarding the old Drake Hotel site. He also stated that the opening date for Le Meridien is July 24, 2014. 12. ADJOURN TO CLOSED SESSION Motion by Trustee Adler, seconded by Trustee Manzo to adjourn to closed session for the purpose of discussing (1) minutes of meetings lawfully closed under this act, (2) appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, and (3) pending, probable, or imminent litigation matters pursuant to section 2c(21), 2c(1), and 2c(11) 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 8:29 pm. 13. ADJOURNMENT Motion by Trustee Adler, seconded by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 11:13 pm. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK MINUTES Page 8 of 8 REGULAR MEETING OF MAY 13, 2014