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R-861 - 11/25/2003 - TELEPHONE - Resolutions Supporting DocumentsDATE: SUBJECT: FROM: I' e, In the pack in the Prier defense co-. that Cons Intergoven that I atten Once the c will be file enter an or the Intergo for the Vill the DuPage feel that ti, what happ allocated u I recommeI : H \Katliy\ VILLAGE OF OAK BROOK Village Board Transmittal Memorandum November 20, 2003 PrimeCo Class Action Litigation Kenneth T. Kubiesa, Village Attorney IENDATION: That the Village Attorney recommends approval of the Resolution to opt -out of the PrimeCo Class Action litigation in Cook County, Illinois and join, by Intergovernmental Agreement, the DuPage County Defense Consortium. et you will find a Resolution authorizing the Village to "opt -out" from the Defendant Class eCo Cook County class action litigation. That "opt -out" is contingent upon formation of the isortium of DuPage County Communities. A Resolution authorizing the Village's entry into )rtium is in this packet. Once fifteen (15) DuPage municipalities approve the mental Agreement, the consortium will be formed. I expect that based upon Ithe meeting Ied, that there will be more than fifteen (15) DuPage communities joining the consortium. )nsortium has been formed, the Village's Request for Exclusion from the Defendant Class d with the Cook County Circuit Court, and I expect shortly thereafter, the Court there will ier excluding the Village of Elmhurst from the class. The Resolution approving entry into aernmental Agreement and a check for $4,000 needs to be provided by December 8, 2003, age's entry into that consortium. defense consortium will defend the wireless and landlines IMF litigation. The Imembers of consortium feel its in their best interest to defend it as a group here in DuPage County. We it's a better venue for the case and would allow the DuPage County municipalities to see ms in Cook County and tailor their defense accordingly. The cost of defense will be )on the exposure of each community. The Village of Oak Brook's exposure is $1.5 million. id the Village join the consortium. pnmecoM pnmecoM doc� Q rom 3. B. SWEARING IN — EDWARD NIELSEN — BOARD OF FIRE AND OATH OF OFFICE - EDW NIELSEN - BD POLICE COMMISSIONERS OF FIRE & POLICE j COMM e President Quinlan announced the appointment of Edward H. Nielsen to the Board of Fire and Police Commissioners for the Village of Oak Brook. Village Clerk Gonnella gave the official oath of office to Mr. Nielsen I Trustee Caleel presented a $100,000 check to President Quinlan on behalf of OB LIB FOUND PLDGE the Oak Brook Library Foundation from the McDonald's Corporation, represented by Vice President of Facilities Operations Joseph Endress, as the final payment of their $500,000 pledge to the new Oak Brook Public Library. 4 CONSENT AGENDA: C AGENDA All items on the Consent Agenda are considered to be routine in nature and will ble enacted in one motion. Motion by Trustee Caleel, seconded by Trustee Konn, to approve the Consent 'Agenda as presented. ROLL CALL VOTE: i Ayes 5 - Trustees Caleel, Craig, Korin, Miologos and Yusuf. Nays. 0 - None. Absent: 1 - Trustee Aktipis. Motion carried. APPROVAL OF MINUTES 1) AMENDMENT TO THE REGULAR BOARD OF TRUSTEES AMND MIN - REG MEETING OF NOVEMBER 11, 2003 BD MTG - 11 -1 1 -03 I 2) REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 11 I I 2003 REG BD MTG - I I- 2003 11 -03 I B APPROVAL OF BILLS - $1,2261425.59 SIGNIFICANT ITEMS INCLUDED ABOVE 1) Genesis Imaging, LLC- Payout #2 — On Base Document Imaging Project - $18,536.92 2) Dupage Water Commission - $198,636 53 3) Bank One — Debt Service Payment — 2003 Installment Contract Certificates - $75,618.75 4) Bank One — Debt Service Payment — 2001 Installment Contract Certificates - $289,431.27 5) Oak Brook Foreign Fire Insurance Tax Board - $51,277 84 VILLAGE OF OAK BROOK Minutes Page 2 of 9 November 25, 2003 BLS - $1,226,425 59 I 4 B. 6) Water Resources, Inc. — Payout #8 — Automatic Meter Reading System - $114,275.00 C. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING NOVEMBER 8, 2003 - $779,060.69 1 PYRL - $779,060, 69 D. CHANGE ORDERS: None j CHNG ORDERS E. REFERRALS: None. REFERRALS F AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE j BIDS, PROP, C CONTRACTS: None. NTRCTs PROPOSED 2004 MUNICIPAL BUDGET — PLACE ON FILE FOR PL ON FILE - 2004 PUBLIC REVIEW BDGT H. CANCELLATION OF THE DECEMBER 22, 2003 COMMITTEE -OF- ; CNCL 12-22-03 COW MTG & 12 -23 -03 THE -WHOLE AND THE DECEMBER 23, 2003 REGULAR BOARD OF j REG BD MTG TRUSTEES MEETING I1 ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF TREAS RPT -10 -03 OCTOBER, 2003 AUTHORIZATION TO PAY BILLS ON DECEMBER 23, 2003 ! AUTH PAY BILS 12- ' 23 -03 ORDINANCE 2003- PW +SWM- FEE -G -736, "AN ORDINANCE ' ORD 03- PW +SWM- AMENDING SECTION 8- 5- 2.A(1) OF CHAPTERS AND SECTION 9 -7- ' FEE -G -736 - FEES 8.A OF CHAPTER 9 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO FEES" L. RESOLUTION 2003 -R -861, "A RESOLUTION AUTHORIZING A RES R-861-AUTH EXCL FRM REQUEST FOR EXCLUSION FROM THE PRIMECO DEFENDANT PRIMECO DFNDNT i SUBCLASS" M RESOLUTION 2003 -R -862, "A RESOLUTION APPROVING AN RES 03 -R- 862 -APPV j INTGVNMNTL AGR INTERGOVERNMENTAL AGREEMENT FOR THE JOINT DEFENSE - JNT DFNSE OF OF THE PRIMECO LAWSUIT" PRIMECO LAWST N. PURCHASE OF VEHICLE PURCH VEHICLE 5 ITEMS REMOVED FROM CONSENT AGENDA- None RMVD c AGNDA ; 6 BOARD & COMMISSION RECOMMENDATIONS None BD /COMM RECOM VILLAGE OF OAK BROOK Minutes Page 3 of 9 November 25, 2003