R-862 - 11/25/2003 - AGREEMENT - Resolutions Supporting Documentsf
PGA pF 0q�99 ' �
0 VILLAGE OF OAK BROOK
C f o Village Board Transmittal Memorandum
Cj U NS -'
DATE: November 20, 2003
SUBJECT: PrimeCo Class Action Litigation
FROM: Kenneth T. Kubiesa, Village Attorney
RECOMMENDATION: 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.
In the packet you will find a Resolution authorizing the Village to "opt -out" from the Defendant Class
in the PrimeCo Cook County class action litigation. That "opt -out" is contingent upon formation of the
defense consortium of DuPage County Communities. A Resolution authorizing the Village's entry into
that Consortium is in this packet. Once fifteen (15) DuPage municipalities approve the
Intergovernmental Agreement, the consortium will be formed. I expect that based upon the meeting
that I attended, that there will be more than fifteen (15) DuPage communities joining the consortium.
Once the consortium has been formed, the Village's Request for Exclusion from the Defendant Class
will be filed with the Cook County Circuit Court, and I expect shortly thereafter, the Court there will
enter an order excluding the Village of Elmhurst from the class. The Resolution approving entry into
the Intergovernmental Agreement and a check for $4,000 needs to be provided by December 8, 2003,
for the Village's entry into that consortium.
The defense consortium will defend the wireless and landlines IMF litigation. The members of
the DuPage consortium feel its in their best interest to defend it as a group here in DuPage County. We
feel that that's a better venue for the case and would allow the DuPage County municipalities to see
what happens in Cook County and tailor their defense accordingly. The cost of defense will be
allocated upon the exposure of each community. The Village of Oak Brook's exposure is $1.5 million.
I recommend the Village join the consortium.
H \Kathy \VOB \Ordmance\ pnniecoM
pnmecoM doc
I
e
B SWEARING IN — EDWARD NIELSEN — BOARD OF FIRE AND
POLICE COMMISSIONERS
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.
OATH OF OFFICE -
EDW NIELSEN - BD
OF FIRE & POLICE
COMM
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
be enacted in one motion
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent
Agenda as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
A. APPROVAL OF MINUTES
1) AMENDMENT TO THE REGULAR BOARD OF TRUSTEES AMND MIN - REG
MEETING OF NOVEMBER 11, 2003 1 BD MTG- 11 -11 -03
2) REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 11, REG BD MTG -11-
2003
11 -03
I
B APPROVAL OF BILLS - $1,226,425.59
BLS - $1,226,425 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
3.
e
B SWEARING IN — EDWARD NIELSEN — BOARD OF FIRE AND
POLICE COMMISSIONERS
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.
OATH OF OFFICE -
EDW NIELSEN - BD
OF FIRE & POLICE
COMM
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
be enacted in one motion
Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent
Agenda as presented. ROLL CALL VOTE:
Ayes: 5 - Trustees Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 1 - Trustee Aktipis. Motion carried.
A. APPROVAL OF MINUTES
1) AMENDMENT TO THE REGULAR BOARD OF TRUSTEES AMND MIN - REG
MEETING OF NOVEMBER 11, 2003 1 BD MTG- 11 -11 -03
2) REGULAR BOARD OF TRUSTEES MEETING OF NOVEMBER 11, REG BD MTG -11-
2003
11 -03
I
B APPROVAL OF BILLS - $1,226,425.59
BLS - $1,226,425 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
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
D. CHANGE ORDERS: None
E REFERRALS: None.
PYRL - $779,060, 69
CHNG ORDERS
i
REFERRALS
F AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE SK BIDS, PROP,
CONTRACTS: None. cNTRCTs
G PROPOSED 2004 MUNICIPAL BUDGET — PLACE ON FILE FOR PL ON FILE - 2004
PUBLIC REVIEW BDGT
i
. CANCELLATION OF THE DECEMBER 22, 2003 COMMITTEE -OF- MTG 12 -22- - COW
MTG & 12 -23 -03
THE -WHOLE AND THE DECEMBER 23, 2003 REGULAR BOARD OF REG BD MTG
TRUSTEES MEETING
ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF TREAS RPT - 10 -03
OCTOBER, 2003
J. A UTHORIZATION TO PAY BILLS ON DECEMBER 23, 2003 1 AUTH PAY B1LS 12-
23 -03
K. ORDINANCE 2003- PW +SWM- FEE -G -736, "AN ORDINANCE ORD 03- Pw +swM-
AMENDING SECTION 8- 5- 2.A(1) OF CHAPTER 8 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"
RESOLUTION 2003 -R -861, "A RESOLUTION AUTHORIZING A RES 03 -R -861- AUTH
E
REQUEST FOR EXCLUSION FROM THE PRIMECO DEFENDANT I PRIMECO DFNDNT
SUBCLASS"
M RESOLUTION 2003 -R -862, "A RESOLUTION APPROVING ANUS 03 -R- 862 -APPV
INTERGOVERNMENTAL AGREEMENT FOR THE JOINT DEFENSE! INTGVNMNTL AGR
JNT DFNSE OF F
OF THE PRIMECO LAWSUIT" PRIMECO LAWST
PURCHASE OF VEHICLE I 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