Minutes Archive

December 13, 2022

1. Call to Order

Mayor Barnett called to order the Village Council meeting at 7:00 p.m. and led those in the room in the Pledge of Allegiance to the Flag.

2. Roll Call

Council Attendance (Present): Mayor Barnett, Commissioner Hosé, Commissioner Sadowski-Fugitt, Commissioner Glover

Council Attendance (Remote): Commissioner Kulovany, Commissioner Gilmartin

Council Attendance (Not Present): Commissioner Walus

Non-Voting: Village Manager Dave Fieldman, Village Attorney Enza Petrarca, and Village Clerk Rosa Berardi

MOT 2022-9680 - A. Motion: Allowing for Electronic Participation for the December 13, 2022 Village Council Meeting

Summary: Allowing for Commissions Kulovany and Gilmartin to participate in the December 13, 2022 Village Council Meeting by phone.

MOTION: To allow electronic participation for the December 13, 2022 Village Council Meeting, as presented.

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, and Mayor Barnett

NAYES: None

3. Minutes of Council Meetings

MIN 2022-9666 - A. Minutes: Village Council Meeting Minutes - December 6, 2022

MOT 2022-9750 - B. Motion: Executive Session Meeting Minutes for Approval Only - December 6, 2022

MOTION: To adopt the meeting minutes of the December 6, 2022, Village Council meeting and the meeting minutes from the December 6, 2022, Executive Session meeting.

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

4. Public Hearings

There were no public hearings.

5. Consent Agenda

BIL 2022-9667 - A. Bills Payable: No. 6704 - December 13, 2022

RES 2022-9709 - B. Resolution: Approve an Extension to the Agreement with Hyland Software, Inc. of Westlake, Ohio, an Enterprise Content Management (ECM) Software, for the Maintenance of the OnBase Document Management System Software

RES 2022-97 Summary: A resolution authorizing an extension to the agreement with Hyland Software, Inc. of Westlake, Ohio, an Enterprise Content Management (ECM) software, in an amount of $27,011.71, for the maintenance of the OnBase document management system.

RESOLUTION 2022-97 A RESOLUTION AUTHORIZING AN EXTENSION TO THE AGREEMENT BETWEEN THE VILLAGE OF DOWNERS GROVE AND HYLAND SOFTWARE, INC.

RES 2022-9714 - C. Resolution: Approve an Agreement with Fire Service, Inc. for the Purchase of a 2024 E- ONE Cyclone Rear Mount 100' Platform Quint Apparatus (E-One Truck) and Approve the Disposal of the Village's Current 2011 Smeal 100' Rear Mount Platform Ladder Truck RES 2022-98

Summary: This resolution approves an agreement with Fire Service, Inc. for the purchase of a 2024 E-ONE Cyclone Rear Mount 100' Platform Quint Apparatus (E-One Truck) and approve the disposal of the Village's current 2011 Smeal 100' Rear Mount Platform Ladder Truck.

RESOLUTION 2022-98 A RESOLUTION AUTHORIZING EXECUTION OF A SALES CONTRACT BETWEEN THE VILLAGE OF DOWNERS GROVE AND FIRE SERVICE, INC.

MOT 2022-9578 - D. Motion: Approve and Authorize Issuance of a 2023 Class "A" Scavenger License for Allied Waste Services of North America, LLC

Summary: This motion approves and authorizes the issuance of a 2023 Class "A" Scavenger License for Allied Waste Services of North America, LLC.

MOT 2022-9751 - E. Motion: Authorize a 3% Annual Salary Increase for Village Manager Effective January 1, 2023 and Authorize the Issuance of a One-Time Payment in the Amount of 3% of the Salary Amount Summary: The motion authorizes a 3% annual salary increase for the Village Manager effective January 1, 2023 and authorize the issuance of a one-time payment in the amount of 3% of the salary amount.

MOT 2022-9749 - F. Motion: Authorize a 3% Annual Salary Increase for Village Attorney Effective January 1, 2023 and Authorize Issuance of a One-Time Payment in the Amount of 3% of the Salary Amount

Summary: The motion authorizes a 3% annual salary increase for Village Attorney effective January 1, 2023 and authorizes the issuance of a one-time payment in the amount of 3% of the salary amount.

MOTION: To adopt all items on the Consent Agenda, as presented.

RESULT: Motion carried unanimously by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

6. Active Agenda

ORD 2022-9736 - A. Ordinance: An Ordinance Rezoning Certain Property Located at 4226 Venard Road

Summary: This ordinance rezones certain property located at 4226 Venard Road.

MOTION: To adopt AN ORDINANCE REZONING CERTAIN PROPERTY LOCATED AT 4226 VENARD ROAD, as presented. ORDINANCE 5954

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

Mayor Barnett explained that item B-L on the Active Agenda were related to Tax Levies and he asked that any questions or comments regarding the levies be posed to the Council at this point in the meeting. There were no comments or questions related to the tax levies by the public or the Village Council.

There were no questions or comments related to the tax levies.

ORD 2022-9715 - B. Ordinance: 2022 Aggregate Tax Levy Ordinance

Summary: This ordinance approves the 2022 Aggregate Tax Levy Ordinance.

MOTION: To adopt the 2022 AGGREGATE TAX LEVY ORDINANCE ORDINANCE 5955

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9716 - C. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #4 (Green Acres Subdivision)

Summary: This ordinance levys the taxes for the fiscal year commencing on the first day of January, 2022 and ending on the thirty-first day of December 2022 for the Village of Downers Grove Special Service Area #4 (Green Acres Subdivision).

MOTION: To adopt AN ORDINANCE FOR THE LEVYING OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF JANUARY, 2022 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMEBER, 2022 FOR VILLAGE OF DOWNERS GROVE SPECIAL SERVICE AREA #4 (GREEN ACRES SUBDIVISION) ORDINANCE 5956

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9717 - D. Ordinance: Levying of Taxes Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #5 (Atwood Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9718 - E. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #6 (Fairview Fire Protection District)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9719 - F. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #7 (Dunham Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9720 - G. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #8 (Nelson Meadow Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9721 - H. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #9 (35th & Saratoga Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9722 - I. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #10 (Bridgepoint Downers Grove Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9723 - J. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #11 (Downtown Downers Grove)

Summary: This ordinance levys taxes for the fiscal year commencing on the first day of January, 2022 and ending on the thirty-first Day of December 2022 for the Village of Downers Grove Special Service Area #11 (Downtown Downers Grove).

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9724 - K. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #12 (Fairview Ridge Subdivision)

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

ORD 2022-9725 - L. Ordinance: Levying of Taxes for the Fiscal Year Commencing on the First Day of January, 2022 and Ending on the Thirty-First Day of December 2022 for Village of Downers Grove Special Service Area #13 (Kapovich Subdivision)

Summary: This ordinance levys taxes for the fiscal year commencing on the first day of January, 2022 and ending on the thirty-first day of December 2022 for the Village of Downers Grove Special Service Area #13 (Kapovich Subdivision).

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

Motion to Adopt Ordinances ORD 2022-9729, ORD 2022-9731, ORD 2022-9726, ORD 2022-9727, ORD 2022-9728, ORD 2022-9730 (Active Items M-R)

ORD 2022-9729 - M. Ordinance: Abating a Portion of the 2022 Tax Levy Related to the General Obligation Bonds, Series 2019

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Bonds, Series 2019.

ORDINANCE 5966

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2019

ORD 2022-9731 - N. Ordinance: Abating a Portion of the 2022 Tax Levy Related to the General Obligation Bonds, Series 2022 ORD 5967

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Bonds, Series 2022.

ORDINANCE 5967

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2022

ORD 2022-9726 - O. Ordinance: Abating a Portion of the 2022 Tax Levy Related to the General Obligation Refunding Bonds, Series 2014 ORD 5968

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Refunding Bonds, Series 2014.

ORDINANCE 5968

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014

ORD 2022-9727 - P. Ordinance: Abating a portion of the 2022 Tax Levy Related to the General Obligation Refunding Bonds, Series 2015 ORD 5969

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Refunding Bonds, Series 2015.

ORDINANCE 5969

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015

ORD 2022-9728 - Q. Ordinance: Abating a Portion of the 2022 Tax Levy Related to the General Obligation Refunding Bonds, Series 2016 ORD 5970

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Refunding Bonds, Series 2016.

ORDINANCE 5970

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016

ORD 2022-9730 - R. Ordinance: Abating a Portion of the 2022 Tax Levy Related to the General Obligation Refunding Bonds, Series 2020 ORD 5971

Summary: This ordinance abates a portion of the 2022 Tax Levy related to the General Obligation Refunding Bonds, Series 2020.

ORDINANCE 5971

ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020

MOTION: To adopt A MOTION ADOPTING ITEMS M-R ON THE ACTIVE AGENDA FOR ORDINANCES ABATING A PORTION OF THE 2022 TAX LEVY RELATED TO THE GENERAL OBLIGATION BONDS, SERIES 2019 AND SERIES 2022 ALONG WITH REFUNDING BONDS SERIES 2014, 2015, 2016, 2020, as presented. ORDINANCES 5966, 5967, 5968, 5969, 5970, 5971

RESULT: Motion carried by roll call.

MOTIONED TO APPROVE: Commissioner Hosé

SECONDED BY: Commissioner Sadowski-Fugitt

AYES: Commissioners Hosé, Sadowski-Fugitt, Glover, Gilmartin, Kulovany, and Mayor Barnett

NAYES: None

Mayor Barnett explained that the motions made and votes taken under the Active Agenda were required by Law and enacted much of the planning and conversations that took place over several months. He said each of the ordinances passed were linked on the Village website and the most of the work was located in the Village Budget and Long Range Plan. He said the minutes from the meetings that took place late in the summer would provide additional details.

7. First Reading

ORD 2022-9711 - A. Ordinance: Amending the Rates Charged for Water

ORD 2022-9710 - B. Ordinance: Amending the 2023 Stormwater Utility Rate

MOT 2022-9713 - C. Motion: Authorize 2023 Annual Funding to the Downers Grove Economic Development Corporation (EDC) to Fund Operations

MOT 2022-9712 - D. Motion: Authorize the 2023 Annual Funding to the Downtown Management Corporation (DMC) to Fund Operations

RES 2022-9732 - E. Resolution: Amending the Employee Administrative Rules and Regulations of the Village of Downers Grove, Illinois

RES 2022-9739 - F. Resolution: Amending the Downers Grove Compensation Plan by Adopting a Revised Plan Effective the First Full Pay Period in May, 2023

ORD 2022-9702 - G. Ordinance: Amending Certain Purchasing Policies

RES 2022-9701 - H. Resolution: Amending Certain Purchasing Provisions as Official Village Policy

Finance Director Robin Lahey presented Items A - H. Ms. Lahey explained the all of the items were budget implementation actions related to the adopted 2023 Budget. She proceeded to review and provide details for each of the items, which included an increase in water rates; payments to the Village's partner organizations - the Economic Development Corporation in the amount of $540k and the Downtown Management Corporation in the amount of $400k; changes to the Village's Personnel Manual - the first change was in response to changes in State and Federal Laws regarding current personnel practices, the second was a change to the Village's Purchasing Policy, originally adopted in 1993; the last item was an amendment to the Villages Classification and Compensation Plan for Non-Union Employees.

Village Council Comments/Questions

Commissioner Kulovany stated that he was happy with the jobs the EDC and the DMC had been doing. He encouraged the EDC to continue their proactive work in getting commercial properties for catalyst sites in a proactive way and to continue to build out the downtown business area. He said the EDC was funding the Village with tax revenue and food and beverage revenue, allowing the Village to lessen the burden on tax payers. The Commissioner stated that he also hoped the DMC continued their work finding tenants for buildings in the downtown area and continued to strive to fill second floor locations - leaving the first floor locations open for retail and dining, in order to generate additional revenue. He commented on the rise in water rates and said that residents could offset the rise in cost by using less water. He also spoke of how the Village invested $53 million in the last dozen years efforts to control stormwater. He said the Village would continue to invest money in stormwater control efforts, so that the Village could work down the problem in the Village and handle up to 95% of the storm events. Commissioner Kulovany concluded by stating that though it was a lot of money spent, it was necessary in order to ease the burden of flooding on home owners and property owners within the Village.

Mayor Barnett commented on the stormwater utility and stated that this was a way for the Village to take the bull by the horns and pay for things that were needed. He said he was not thrilled with it years ago, but in hindsight even though it was so expensive at $50+million, he believed it was a really good move for the Village. He said the diminished flooding in the community over the past four years had proven that. The Mayor said though there may still be flooding, it was nothing like it had been in the past. He commended the previous Councils and staff that developed the program, stating it was a success. The Mayor then explained that the process that was being wrapped up with this meeting was a long one. It started with Long Range Planning and a determination of High Priority Action Items, which was a go forward work plan. He said there was Budget work done over a series of multiple meetings, levies that were estimated by Law, and then levies that were executed. The Mayor explained that the implementation of the Budget was how the Village facilitated doing work. He said the past 3-4 months were spent talking about that for 2023. He continued by stating that Commissioner Kulovany did a good job encapsulating thoughts on each of the agenda items and there were many more comments that had been made by the Council and residents over the past several months on elements of each of the decisions made at the meeting. He welcomed questions and reiterated that there was a lot of work that went into the process.

There were no further comments.

RES 2022-9746 - J. Resolution: Approve an agreement with Axon, Inc. for the Purchase of Axon Officer Officer Safety Plan 7+ Premium Bundle

Village Manager Dave Fieldman introduced Police Chief Gillette and informed the Council that Chief Gillette was retiring from his position with the Village in January of 2023.

Police Chief Shanon Gillette presented Item J. He explained that this was for a five-year agreement with Axon Enterprises, Inc. that included the purchase of hardware, software and a service package. He explained that in 2021, the Village had entered into an agreement with Axon for the purchase of body worn cameras, squad cameras, an interview room system, a recording system, and dividend digital evidence storage. He continued by stating that staff identified other products and services on the Axon technology platform to increase efficiency, enhance officer safety, and to aid in the Department's compliance with the Safe-T Act.

Chief Gillette gave additional details about the package that included 73 Taser Model 7 electronic control devices that enhanced officer safety by replacing current Tasers with a model that had the latest in technology and safety devices; redaction assistant software that made redactions and transcription of body worn camera and video evidence more efficient; unlimited storage of third party digital evidence and software; enhanced officer training through a virtual reality training system. The total cost of the purchase was $1,055,700 over five years, with $250,000 of that cost included in the FY 23 Budget for the first year's payment. He concluded by stating that due to the unique nature of the integrated Axon technology platform, staff had deemed Axon a sole source provider for the bundle.

Village Council Comments/Questions

Commissioner Gilmartin said he was in support of this purchase. He added that this had been part of the Village's Strategic Objectives for quite some time and he thought this solution provided the Vil