Village Board of Trustees

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Thursday, March 1, 2018 7:00 PM Village Hall Board Room Village Board of Trustees Village President Keith Giagnorio Village Clerk Sharon Kuderna Trustees: Dan Whittington, District One; Mike Fugiel, District Two; Reid Foltyniewicz, District Three; Bill Johnston, District Four; Robyn Pike, District Five; and Bill Ware, District Six Village Board of Trustees Minutes March 1, 2018 I. Call to Order and Pledge of Allegiance The regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 1, 2018 in the Board Room of the Lombard Village Hall was called to order by Village President Keith Giagnorio at 7:01 p.m. Director of Public Works Carl Goldsmith Led the Pledge of Allegiance. II. Roll Call 7 - Keith Giagnorio, Sharon Kuderna, Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware 1 - Dan Whittington Staff Present: Village Manager Scott Niehaus Director of Finance Tim Sexton Director of Community Development Bill Heniff Director of Public Works Carl Goldsmith Chief of Police Roy Newton Fire Chief Richard Sander Assistant Village Manager Nicole Aranas Human Resources Director Kathy Dunne Executive Coordinator Carol Bauer III. Public Hearings IV. Public Participation V. Approval of Minutes A motion was made by Trustee Bill Johnston, seconded by Trustee Mike Fugiel, that the minutes of the regular meeting February 15, 2018 of the President and Board of Trustees of the Village of Lombard be approved. The motion carried by the following vote: Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington VI. Committee Reports Community Promotion & Tourism - Trustee Mike Fugiel, Chairperson No report Village of Lombard Page 1 Village Board of Trustees Minutes March 1, 2018 Community Relations Committee - Trustee Robyn Pike, Chairperson No report Economic/Community Development Committee - Trustee Bill Johnston, Chairperson No report Finance & Administration Committee, Trustee Reid Foltyniewicz, Chairperson No report Public Safety & Transportation Committee - Trustee Dan Whittington, Chairperson No report Public Works & Environmental Concerns Committee - Trustee Bill Ware, Chairperson No report Board of Local Improvements - Trustee Bill Ware, President No report Lombard Historic Preservation Commission - Village Clerk Sharon Kuderna VII. Village Manager/Village Board Comments Trustee Ware thanked the members of the Lombard Fire Department Union for again sponsoring the bowling event raising money for various charities. This year the members decided to donate all of the proceeds from the 50/50 raffles to the family of Lombard Police Detective Michael Harris who passed away suddenly a few weeks ago. He congratulated the Fire Union members on a successful event helping so many people and for their recognition of Detective Harris with a tribute to his family. President Keith Giagnorio welcomed back Trustee Robyn Pike. He also recognized Boy Scouts in the audience working on their scouting requirements and badges. Village Clerk Sharon Kuderna read the following announcements: A Special Meeting of the Lombard Village Board will be held on Thursday, March 8 beginning at 4:30 p.m. relative to the Lombard Public Facilities Corporation Restructuring Support Agreement. The State of the Village address has been posted to the Village’s website. Village of Lombard Page 2 Village Board of Trustees Minutes March 1, 2018 Daylight Savings Time begins on March 11th. Remember to “spring forward” and push your clocks ahead one hour and to change your smoke detector batteries. VIII Consent Agenda . Payroll/Accounts Payable A. 180095 Approval of Accounts Payable For the period ending February 16, 2018 in the amount of $1,103,899.99. This Payroll/Accounts Payable was approved on the Consent Agenda B. 180107 Approval of Village Payroll For the period ending February 17, 2018 in the amount of $878,537.14. This Payroll/Accounts Payable was approved on the Consent Agenda C. 180108 Approval of Accounts Payable For the period ending February 23, 2018 in the amount of $1,321,975.68. This Payroll/Accounts Payable was approved on the Consent Agenda Ordinances on First Reading (Waiver of First Requested) D. 180070 Technology Drive Parking Restriction Recommendation from the Public Safety & Transportation Committee to approve a no parking restriction on Technology Drive in the cul-de-sac. Staff requests a waiver of first reading. (DISTRICT #3) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7475 E. 180073 Purchase of a Skid-Steer Loader with Trailer & Attachment and Approval of an Ordinance Declaring Village Equipment as Surplus Property (this matter was continued from February 15, 2018) Request for a waiver of bids and award of contracts to Atlas Bobcat in the amount of $40,680.00 and West Side Tractor in the amount of $7,300.00; and approval of an ordinance declaring Village units SM481 and SM914 as surplus property and authorizing their trade-in. Staff requests a waiver of first reading. Public Act 85-1295 does not apply. This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Village of Lombard Page 3 Village Board of Trustees Minutes March 1, 2018 Enactment No: Ordinance 7476 F. 180087 Purchase of Self-Contained Breathing Apparatuses (SCBA) and Approval of an Ordinance Declaring Village Equipment as Surplus Property (this matter was continued from February 15, 2018) Request for a waiver of bids; award of a contract through FEMA for the purchase of forty-four self-contained breathing apparatus (SCBA) in the amount of $349,875 with the Village's portion in the amount of $31,806; approval of an ordinance declaring Village-owned SCBA units as surplus and authorizing their trade-in. This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7477 G. 180097 Ordinance Declaring Village Property as Surplus and Authorizing its Sale Ordinance declaring Village-owned property (K-9 dog Chico) as surplus and authorizing the sale of Chico to Officer Greg Sohr in the amount of $1.00. This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7478 H. 180102 Ordinance Amending Title 11, Chapter 112, Section 112.13 of the Lombard Village Code in regard to Alcoholic Beverages Revising the Class "O" liquor license category and issuing a new liquor license to Summit Hotel TRS 008, LLC d/b/a Hyatt Place Chicago Lombard Oak Brook located at 2340 S. Fountain Square Drive due to a hotel management change. (DISTRICT #3) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7479 H-2. 180110 Amending Title 11, Chapter 112, Section 112.13(A) of the Lombard Village Code - Alcoholic Beverages Decreasing the number of entries in the Class "F" liquor license category by one to reflect the closing of Westmore Liquors located at 243 S. Westmore/Meyers Road. (DISTRICT #5) This Ordinance was waived of first reading and passed on second reading with suspension of the rules on the Consent Agenda Enactment No: Ordinance 7480 Other Ordinances on First Reading Village of Lombard Page 4 Village Board of Trustees Minutes March 1, 2018 I. 180101 - Amending Title 11, Chapter 118 of the Lombard Village Code - Peddlers and Solicitors (Moved to Separate Action) I-2. 180109 Solid Waste Collection and Disposal Ordinance for Annual Fee Rates Recommendation from staff to amend the Village Code to reflect the fee rates that are adjusted each April 1st as authorized in the Solid Waste Contract. This Ordinance was passed on first reading on the Consent Agenda Ordinances on Second Reading J. 180082 Title 11, Chapter 113, Section 113.04 - Burglar Alarms Amending Title 11, Chapter 113, Section 113.04 of the Lombard Village Code, to clarify that those individuals who install alarm systems must comply with State law when doing so, including, but not limited to, being licensed by the State if operating as a "private alarm contractor", as such term is defined in 225 ILCS 447/5-10. This Ordinance was passed on second reading on the Consent Agenda Enactment No: Ordinance 7481 Resolutions K. 180094 Resolution Authorizing the Village President to execute an Intergovernmental Police Service Assistance Agreement Staff recommendation that the current FIAT IPSA with the Village be amended to include strengthened indemnification language that will protect not only FIAT but also the member agencies. This Resolution was adopted on the Consent Agenda Enactment No: R 13-18 L. 180100 Resolution Accepting the Public Improvements at 2264 S. Grace Street (Yorktown Pump Station) The Department of Community Development transmits for your consideration a proposed resolution to accept the sanitary pump station and associated forcemain at 2264 S. Grace Street (Yorktown Pump Station). All public improvements were designed, constructed and tested in conformance with Village requirements. Per the Yorktown Commons Utility Service and Economic Development Agreement, the Bill of Sale is attached. (DISTRICT #3) This Resolution was adopted on the Consent Agenda Village of Lombard Page 5 Village Board of Trustees Minutes March 1, 2018 Enactment No: R 14-18 Other Matters M. 180065 Coarse Aggregate Material Award of a contract to Vulcan Materials, the lowest responsible bidder of three (3) bids received, in an amount not to exceed $44,500.00. Bid in compliance with Public Act 85-1295. (DISTRICTS - ALL) This Bid was approved on the Consent Agenda N. 180066 Water & Sewer System Supplies Bid, Categories 2, 4, 6, and 7 Award of a contract to Core & Main, the lowest responsible bidder of three (3) bids received, in an amount not to exceed $35,000.00. Bid in compliance with Public Act 85-1295. This Bid was approved on the Consent Agenda O. 180083 Catch Basin Cleaning Project (this matter was continued from February 15, 2018) Request for a waiver of bids and extension of a contract with National Power Rodding Corp., in an amount not to exceed $59,950.00. Public Act 85-1295 does not apply. (DISTRICTS #1 & #4) This Bid was approved on the Consent Agenda P. 180105 Water & Sewer System Supplies Bid, Categories 3, 5, 8, 9, and 12 Award of a contract to Ziebell Water Service Products, the lowest responsible bidder of three (3) bids received, in an amount not to exceed $35,000.00. Bid in compliance with Public Act 85-1295. This Bid was approved on the Consent Agenda Q. 180106 Telephone Services Request for a waiver of bids and authorization for CallOne to provide Low Baud and POTS lines on a month-to-month basis, in an amount not to exceed $11,000 monthly. Public Act 85-1295 does not apply. This Bid was approved on the Consent Agenda R. 170208 Firebird Soccer Club 2017 Local Tourism Grant Reimbursement Recommendation from the Community Promotion and Tourism Committee to approve a request for a revision of the 2017 Local Tourism Grant request for reimbursement from Hotel Motel Funds from $10,440 to $6,631 for the 2017 Firebirds Soccer Club Tournament. This Request was approved on the Consent Agenda Village of Lombard Page 6 Village Board of Trustees Minutes March 1, 2018 S. 170478 Proposed Amendment to Lombard Traffic Code - Speed Limit on Grace Street Concur with the revised recommendation of the Public Safety & Transportation Committee following review of this request at their February 5, 2018 meeting, that no change be made to reduce the speed limit from 30 mph to 25 mph on Grace Street from Madison to Maple. (DISTRICT #5) This Request was approved on the Consent Agenda T. 180019 Local Tourism Grant Application 2018 - DuPage County Preseason Invitational Soccer Tournament Recommendation from the Community Promotion and Tourism Committee to approve a grant request from the Firebirds Soccer Club in the amount of $7,950 from Hotel Motel funds for expenses supporting the overall soccer tournament to include marketing, trainers, referees, trophys, facility use and insurance for the August 17-19, 2018 event. This Request was approved on the Consent Agenda U. 180096 Agreement with Teamsters Local 700 Approval of an Agreement between the Village of Lombard and Teamsters 700 representing the Police Records Clerks, Police Front Desk Clerks, Community Service Officers and Property Clerks for the period January 1, 2018 through December 31, 2020. This Request was approved on the Consent Agenda V. 180099 Appointment - Police Pension Board of Trustees Request for concurrence in the re-appointment of Daniel Brink to the Police Pension Board of Trustees with a term to April 2019. This Appointment was approved on the Consent Agenda Approval of the Consent Agenda A motion was made by Trustee Bill Johnston, seconded by Trustee Mike Fugiel, to Approve the Consent Agenda The motion carried by the following vote Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington IX. Items for Separate Action Ordinances on First Reading (Waiver of First Requested) A-1. 180112 Budget Ordinance Amendment An Ordinance amending the Village’s Fiscal Year 2018 Budget Village of Lombard Page 7 Village Board of Trustees Minutes March 1, 2018 Ordinance to provide for an appropriation and budgeted line item relative to the Village Effective Date Contribution of $3,000,000 (a return of the $3,000,000 provided to the Village by the Lombard Public Facilities Corporation (the “LPFC”) from the original bond issuance by the LPFC for the Conference Center and Hotel, for Village watermain and water system improvements), as provided for in Section 3 of the Plan Term Sheet attached as Exhibit A to the Restructuring Support Agreement, relative to the Conference Center and Hotel owned by the LPFC, approved by the Village Board on July 25, 2017, subject to the Effective Date, as such term is defined in Section 2(dd) of the aforementioned Restructuring Support Agreement, occurring during the Village’s 2018 Fiscal Year. (2/3rds vote of the Corporate Authorities required) (waiver of first reading is requested). Village Manager Scott Niehaus provided a brief overview of items A-1 (Budget Ordinance Amendment) and B (Consent to Additional Released Parties and Releasing Parties Under the Lombard Public Facilities Corporation's Chapter 11 Bankruptcy Plan of Reorganization, and Consent to Certain Revisions to the Release Provisions of Said Plan of Reorganization. He noted the Village Board had approved these matters in July of 2017, but that those approvals were specific to 2017, and so the items needed to be amended reflecting the 2018 calendar year. The Chapter 11 restructuring of the Lombard Public Facilities Corporation is scheduled for March 6 and certain documents need to be passed for the restructuring to move forward. A Special Meeting of the Lombard Village Board is being called to March 8, 2018 beginning at 4:30 pm to review additional items required for the restructuring. The Village continues to be open and transparent relative to this matter. A motion was made by Trustee Bill Ware, seconded by Trustee Reid Foltyniewicz, that the Budget Ordinance Amendment be waived of first reading and passed on second reading with suspension of the rules. The motion carried by the following vote: Aye: 6- Keith Giagnorio, Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Enactment No: Ordinance 7482 Other Ordinances on First Reading A-2. 180101 Amending Title 11, Chapter 118 of the Lombard Village Code - Peddlers and Solicitors Village of Lombard Page 8 Village Board of Trustees Minutes March 1, 2018 Effective April 1, 2018 amending the following Sections of Village Code Title 11, Chapter 118: 1. Section 118.03(B) - requiring that a photo ID be taken by the Village; 2. Section 118.05 - revising the cost of the license to $50.00; 3. Section 118.08(B) - revising the hours of soliciting or peddling; and 4. Section 118.08(C) - clarifying that the Village issued photo ID badge must be displayed on the solicitor's outer garment. Trustee Bill Johnston requested that the proposed ordinance amendment reflect a change in the times for solicitation to 9:00 am to 6:00 pm. A motion was made by Trustee Bill Johnston, seconded by Trustee Robyn Pike, that the Ordinance be passed on first reading Amending Title 11, Chapter 118 of the Lombard Village Code relative to Peddlers and Solicitors as amended to include a change in the hours to 9:00 am to 6:00 pm. The motion carried by the following vote: Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Ordinances on Second Reading Resolutions A. 180086 First Amendment to an Intergovernmental Agreement Between the Village and the Lombard Park District, and the Authorization to Convey Real Property to the Lombard Park District in Relation Thereto (Two Resolutions Attached, with a Separate Vote to be Taken in Regard to Each Resolution, as the Resolution Authorizing the Conveyance (2 Below) Requires a 2/3rds Vote of the Corporate Authorities (This matter was Continued from February 15, 2018) 1. Resolution Approving First Amendment to an Intergovernmental Agreement with the Lombard Park District Regarding Modifications to Terrace View Pond. This document amends the legal description of the West Crystal Property and no other changes are proposed. 2. Resolution Authorizing the Conveyance of the Property Commonly Known As 115 W. Crystal to the Lombard Park District Pursuant to the Local Property Transfer Act. This document authorizes the real estate transfer of the resubdivided land noted in the IGA. (DISTRICT #1) A motion was made by Trustee Robyn Pike, seconded by Trustee Mike Fugiel, that the Resolution Approving the First Amendment to an Intergovernmental Agreement between the Village of Lombard and the Lombard Park District regarding modifications to Terrace View Pond be adopted. The motion carried by the following vote: Village of Lombard Page 9 Village Board of Trustees Minutes March 1, 2018 Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Enactment No: R 15-18, 16-18 A motion was made by Trustee Reid Foltyniewicz, seconded by Trustee Bill Johnston, that the Resolution Authorizing the Conveyance of the Property Commonly Known as 115 W. Crystal to the Lombard Park District pursuant to the Local Property Transfer Act be adopted. The motion carried by the following vote: Aye: 6- Keith Giagnorio, Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Enactment No: R 15-18, 16-18 B. 180111 Consent to Additional Released Parties and Releasing Parties Under the Lombard Public Facilities Corporation’s Chapter 11 Bankruptcy Plan of Reorganization, and Consent to Certain Revisions to the Release Provisions of said Plan of Reorganization A Resolution consenting to the addition of Mid-America Hotel Partners, L.L.C. and Subordinated Securities, L.L.C. to the Released Parties and Releasing Parties under the Lombard Public Facilities Corporation’s Chapter 11 Bankruptcy Plan of Reorganization, and consenting to certain revisions to the Release provisions of said Plan of Reorganization. A motion was made by Trustee Bill Johnston, seconded by Trustee Bill Ware, that the Resolution Consenting to the addition of Mid-American Hotel Partners, L.L.C. to the Released Parties and Releasing Parties under the Lombard Public Facilities Corporation's Chapter 11 Bankruptcy Plan of Reorganization, and consenting to certain revisions to the Release provisions of said Plan of Reorganization be adopted. The motion carried by the following vote: Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Enactment No: R 17-18 Other Matters X. Agenda Items for Discussion XI. Executive Session A motion was made by Trustee Bill Johnston, seconded by Trustee Robyn Pike, that the regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 1, 2018 in the Board Room of the Lombard Village Hall be recessed at 7:19 p.m. for the purpose of discussion of Village of Lombard Page 10 Village Board of Trustees Minutes March 1, 2018 Information Regarding the Appointment, Employment, Compensation, Discipline, Performance or Dismissal of a Specific Employee or Specific Employees of the Village and Pending Litigation. The motion carried by the following vote: Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington XII. Reconvene The recessed regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 1, 2018 in the Board Room of the Lombard Village Hall was called to order by Village President Keith Giagnorio at 7:53 p.m. 7 - Keith Giagnorio, Sharon Kuderna, Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware 1 - Dan Whittington XIII Adjournment . A motion was made by Trustee Bill Johnston, seconded by Trustee Bill Ware, that the regular meeting of the President and Board of Trustees of the Village of Lombard held on Thursday, March 1, 2018 in the Board Room of the Lombard Village hall be adjourned at 7:54 p.m. The motion carried by the following vote: Aye: 5- Mike Fugiel, Reid Foltyniewicz, Bill Johnston, Robyn Pike, and Bill Ware Absent: 1- Dan Whittington Village of Lombard Page 11