Village of Lisle Village Board met May 1.
Here is the minutes provided by the Board:
I. Regular Board Meeting Opening
A. Call to Order
Mayor Pecak called to order a regular meeting of the Village of Lisle Board of Trustees at 7:00 p.m. on Monday, May 1, 2017 in the Lisle Village Hall Board Room, 925 Burlington Avenue, Lisle, Illinois 60532.
The following minutes constitute a summary of the events and discussions that transpired during the subject meeting, and do not purport to be a transcript of such. Where transcripts exist, they are available for inspection under the Illinois Freedom of Information Act.
B. Roll Call of Attendance
Present: Mayor Pecak, Trustees Boyle, Carballo, Cawiezel, Dixit, Hasse, and Mandel
Absent: None
Also Present: Acting Village Manager Ertmoed, Chief of Police Anderson, Community and Economic Development Director Budzikowski, Finance Director Schiller, Public Works Director Elias, Marketing and Communications Director Schuster, Economic Development Coordinator Kelly, Village Attorney Krafthefer, Village Attorney Bolin, Village Clerk Brondyke, Deputy Village Curran and Deputy Clerk Arnold
C. Pledge of Allegiance
II. Village Clerk
A. Welcome Statement
Welcome: Visitors are most welcome to all meetings of the Village Board. Persons wishing to discuss an item that is on the agenda may address the Board at the time that the item is being discussed; please raise your hand when the item is announced, and wait to be recognized by the Mayor. It is requested that, if possible, one spokesperson for a group be appointed to present the views of the entire group. Anyone wishing to discuss a topic that is not on the preprinted agenda may address the Village Board during the Open Forum "Questions And/ Or Statements From The Public" segment. Speakers who are recognized are requested to step up to the podium and state their name and the group they are representing prior to addressing the Village Board. There will be a 5-minute time limit per speaker.
B. Agenda and Non-Agenda Speaker Summary
C. Meeting Minutes Approval
1. Village Board Special Meeting - April 10, 2017
Trustee Boyle moved to approve the meeting minutes as presented. Trustee Cawiezel seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Cawiezel, Carballo and Mandel
Nays: None
Abstain: Trustees Dixit, Hasse and Mayor Pecak
Absent: None
Ayes Approved The Motion. Motion Carried.
2. Village Board Regular Meeting - April 17, 2017
Trustee Boyle moved to approve the meeting minutes as presented. Trustee Mandel Seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Mandel, and Carballo
Nays: None
Abstain: Trustees Cawiezel, Dixit, Hasse and Mayor Pecak
Absent: None
Ayes Approved The Motion. Motion Carried.
D. Raffle Licenses
1. Special Olympics Illinois: May 1 - October 20, 2017
Trustee Boyle moved to approve the raffle license as presented. Trustee Mandel Seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Mandel, Cawiezel, Carballo, Dixit, Hasse, and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Motion Carried.
E. Meeting Announcements
III. Mayor Pecak
A. Presentations / Proclamations
B. Omnibus Vote Agenda
Mayor Pecak read the items presented for omnibus vote approval.
Mayor Pecak requested that the bills from Ancel, Glink be pulled from omnibus and be tabled to the next meeting.
Trustee Boyle moved to place agenda items Ill. B. 1 through 5 inclusively, with the exception of the Ancel, Glink vouchers, as Omnibus Vote Agenda items; and further, Trustee Boyle moved that these items be considered together as the Omnibus Vote Agenda. Trustee Carballo seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Carballo, Cawiezel, Dixit, Hasse, Mandel and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion Motion Carried.
Omnibus Vote Agenda Tems.
Item 1. Village Of Lisle Voucher List Of May 1, 2017 For Fiscal Year 2016/2017, Approval
Item 2. Village Of Lisle Woucher List Of May 1, 2017 For Fiscal Year 2017/2018, Approval
Item 3. Elected Official Travelexpense
Item 4. Financial Position Reportas Of March 31, 2017
Item 5. Special Eventpermit, Memoralday Parade And Picnic, May 29, 2017
Trustee Boyle moved to adopt agenda items Ill. B. 1 through 5 inclusively, with the exception of the Ancel, Glink vouchers, on the Omnibus Vote Agenda in a single group pursuant to the Omnibus Vote procedures specified in the Illinois Municipal Code. Trustee Carballo seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Carballo, Cawiezel, Dixit, Hasse, Mandel and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Motion Carried.
Tabled Terms:
Ancel, Glink bills submitted for payment
Trustee Cawiezel moved to table the payment of Ancel Glink payment vouchers until the May 15, 2017 meeting. Trustee Boyle seconded the motion.
Roll Call:
Ayes: Trustees Cawiezel, Boyle, Carballo, Dixit, Hasse, Mandel and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Motion Carried.
C. Final Action
1. An Ordinance Approving a Text Amendment to the Village of Lisle Zoning Ordinance to Revise the Village's Community Residence' Zoning
Trustee Boyle moved to approve “An Ordinance Approving A text Amendment To The Village Of Lesle Zoning Ordinance To Revise The Villages Community Residence Zoning Regulations''. Trustee Caribao seconded the motion.
MaryLyn Zajdel, Lisle, asked if the code was inclusive to all categories of disabilities and does not eliminate specific types, why a group home has to be licensed and finally what the rational is behind the 660 feet spacing requirement.
Community Development Director Budzikowski stated the distance requirement was based on an average block length in Lisle as well as investigated case law, adding that the 660 feet is less restrictive than the 1000 feet currently in the code. Director Budzikowski remarked that a license be provided in order for the community residence to be a permitted use, if they are unlicensed then it would be a special use permit; adding that the logic is if the residence is licensed by another government organization then the permitted use would apply. Director Budzikowski pointed out that the intent was to more effectively comply with the Federal Fair Housing Act and integrate persons with disabilities. He stated that the amendment would not serve homes that are an alternative to incarceration for a Criminal offence.
Attorney Krafthefer stated that the code amendment does not change the definition of disability.
Mayor Pecak asked if the definition may be better defined while the amendments are being made. Attorney Krafthefer stated that it is in a different portion of the code and is not what is being stricken or added, but remarked it may be amended. Director Budzikowski stated the definition was not brought up during the hearing process, adding that the amendments received a unanimous recommendation from the Planning & Zoning Commission and the previous Village Board recommended it for Final Action, but if desired, it may be tabled.
Mayor Pecak asked what were to happen if it is found that the 660 feet is unenforceable. Attorney Krafthefer stated the specification was based on case law that has been coming forward. Director Budzikowski added that the Cases that Were used to draft the amendments were more restrictive than what is being proposed.
John Voit, Naperville, stated he is a parent of a child with a disability and has been working with the Village on the amendments. Mr. Voit stated that staff has provided to the Village one of the most progressive codes. Mr. Voit remarked that if the residents of the homes have to go through the public hearing process it exposes them to predators. Mr. Voit added that staff, and all support, for this amendment has been outstanding.
Anna Houghtaling, Executive Director of Hope Fair Housing Center, Wheaton, explained what their organization does and how it assists those in DuPage County. Ms. Houghtaling also explained how going through the special use permit process, for this kind of home, can be expensive for the residents, and the non-profit group, and it publicizes the fact that those with disabilities, who may be vulnerable, will be living in the home. Ms. Houghtaling then commented on the spacing requirement and how it prevents community residences being steered to a particular area and then all being in one area, which defeats the purpose of being integrated within the community.
Attorney Krafthefer read the current definition of disability in the Village Code and stated it is Consistent with the American Disabilities Act.
Roll Call:
Ayes: Trustees Boyle, Carballo, Cawiezel, Dixit, Hasse, Mandel, and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Ordinance No. 2017-4724.
2. Liquor License Final Approval - Gran Agave Restaurant, 1650 Maple Avenue
Trustee Boyle moved to approve “An Ordinance Increasing The Number Of Class 2.2 Liquor Licenses By One (1) For Gran Agave Restaurant And Tequila Bar, 1650 Maple Avenue, Lisle, Illinois 60532". Trustee Cawiezel seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Cawiezel, Carballo, Dixit, Hasse, Mandel and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Ordinance No. 2017-4725.
D. Presentation
IV. Open Forum:
Geri McNellis, Lisle, requested that now there is a new Board in place that another conversation be held regarding the broadcast of Village Board Workshop meetings. Acting manager Ertmoed stated he will put on it on an upcoming agenda.
Harold O'Keefe, Lisle, remarked that no other public commendation has made for an employee or volunteer of the Village and remarked that it should be reconsidered due to it occurring at a "lame duck" session and having no public input. Mr. O'Keefe stated that those who made the motion are the ones who would have to bring it back for reconsideration. Trustee Boyle remarked that he would not change his vote.
V. Village Staff:
A. Amendment Agreement for Prosecution Services
Chief of Police Anderson reviewed the request for proposals process the Village went through in 2015 for prosecution services and stated that the agreement ends today, May 1, 2017. He stated they are seeking a one year extension of the contract, with DUI prosecution costs being revisited in six months. Chief Anderson stated they have been very happy with the services provided over the last two years.
Mayor Pecak confirmed the Village may go out to bid again after the one year extension. Chief Anderson Stated that is Correct.
Trustee Boyle moved to approve “A Resolution Authorizing The Execution Of An Addendum To The Agreement For Prosecution Services With The Moore Norton Law Group, LTD.'. Trustee Hasse seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Hasse, Cawiezel, Carballo, Dixit, Mandel and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved The Motion. Resolution No. 2017-3654.
B. Signatories for Village of Lisle Accounts
Finance Director Schiller explained that there are two groups of signatories for withdrawal on all Village accounts, with the exception of the Police Pension Fund and the Police Department, which are separate. She stated group one consists of the Mayor, Clerk and senior Trustee, and a staff signatory group consisting of senior staff members; herself, Deputy Clerk Curran, and Community Development Director Budzikowski. Acting Village Manager Ertmoed pointed out that none of the staff members have purchase order approval, Finance Director Schiller confirmed that adding that it is for internal Control reasons.
Trustee Boyle moved to approve "A Resolution Authorizing Signatories For Certain Village Of Lisle Banking Accounts'. Trustee Hasse Seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Hasse, Cawiezel, Carballo, Dixit, and Mandel
Nays: None
Abstain: Mayor Pecak
Absent: None
Ayes Approved the Motion. Resolution No. 2017-3655.
VI. Village Attorney
Attorney Krafthefer remarked that on the predicated advice of Ancel Glink the Board confirmed appointments made by the previous mayor. One to the Planning and Zoning Commission and the other to the Police Pension Fund Board. Attorney Krafthefer stated she received concerns from Mayor Pecak regarding the appointments. Ms. Krafthefer stated she was not involved with the process and her partner who was, is now involved with a family emergency. Attorney Krafthefer remarked that she has looked in the matter and has found that per Village Code the Police Pension Fund Board office expires on the second Tuesday of May. She then explained that there was no vacancy to fill at the time of the appointment was made, during the previous mayor's term of office. It is her opinion that Mr. Broda did not have the ability to make the appointment at that time and the appointment should be void.
Ms. Krafthefer then spoke on the reappointment of Chairman Rego to the Planning and Zoning Board and how there is a differing of opinion within her office because there is no case law in Illinois for what should be done when a vacancy occurs on the day that there is an outgoing mayor and an incoming mayor. There is an argument that the outgoing mayor could make an appointment but the code requires it be confirmed by the Board, and at the Board meeting there is a new Mayor in place. It is her opinion that the best practice would be for the new administration to make the appointment, because the previous mayor could not make the appointment today without the Board confirming it.
Ms. Krafthefer stated she is giving an opinion that is different than that of her law partner who was trying to act appropriately at the previous meeting and on behalf of her firm apologizes and takes full responsibility. Ms. Krafthefer stated the best advice she can give is to allow the new mayor to make the appointments. It is their opinion that the appointments made are void and new appointments will be on the May 15th agenda.
VII. Trustees:
A. Trustee Boyle
B. Trustee Carballo
Trustee Carballo stated he too will also will not change his vote regarding the naming of the Board Room after Joseph Broda. Trustee Carballo also stated that the gentleman who had a medical emergency during the April 17th Board meeting is doing very well in his recovery.
Mr. O'Keefe remarked that his issue with the naming is because it was done at the last minute, had never been done before and appears as if it is a "back room deal".
C. Trustee Cawiezel
D. Trustee Dixit
E. Trustee Hasse
F. Trustee Mandel
Current Trustees welcomed new members to the Board and stated that they looked forward to working with them. New members thanked the residents who voted for them and stated they look forward to working together with the current Board and staff, and moving Lisle forward.
VIII. Executive Session:
A. Setting the price for sale or lease of real property owned by the public body
B. The appointment, employment, compensation, discipline, performance or dismissal of a specific employee for the Village of Lisle
Trustee Boyle moved to adjourn the regular meeting and go into closed session to discuss setting the price for sale or lease of property owned by the public body and the appointment, employment, compensation, discipline, performance or dismissal of a specific employee for the Village. Trustee Hasse seconded the Motion.
Roll Call:
Ayes: Trustees Boyle, Hasse, Cawiezel, Carballo, Dixit, Mandel, and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved the Motion. Motion Carried.
The Village Board adjourned into executive session at 8:00 pm.
C. Reconvene Open Session:
Trustee Boyle moved to reconvene the regular meeting of the Village of Lisle Village Board. Trustee Manded seconded the motion.
Roll Call:
Ayes: Trustees Boyle, Mandel, Cawiezel, Carballo, Dixit, Hasse, and Mayor Pecak
Nays: None
Abstain: None
Absent: None
Ayes Approved the Motion. Motion Carried.
The Village of Lisle regular Village Board meeting reconvened at 9:57 p.m.
D. Possible Action on Executive Session Terms
E. Adjournment:
Trustee Boyle moved to adjourn. Trustee Mandel seconded the motion.
Ayes Approved the Motion. Motion Carried.
The May 1, 2017 Village Board Regular Meeting adjourned at 9:59 p.m.
https://www.villageoflisle.org/AgendaCenter/ViewFile/Minutes/_05012017-523
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