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Minutes - 02/10/2009 - Board of Trustees2. MINUTES OF THE FEBRUARY 10, 2009 RESCHEDULED REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AS AMENDED ON APRIL 28, 2009. CALL TO ORDER The Rescheduled Regular Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 6:32 p.m. The Pledge of Allegiance was given. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed and Gerald Wolin. ABSENT: Trustee Robert G. Sanford. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager and Mark Sterk, Village Attorney. ADJOURN TO CLOSED MEETING to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1). and to consider litigation, when an action against, affecting or on behalf of the village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11) Motion by Trustee Wolin, seconded by Trustee Saiyed, to adjourn to Closed Meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity and to consider litigation, when an action against, affecting or on behalf of the village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. RECONVENE The meeting was reconvened at 7:46 p.m. VILLAGE OF OAK BROOK Minutes Page 1 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 3. 5 Q ROT.T. CAT.T. Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed and Gerald Wolin. ABSENT: Trustee Robert G. Sanford. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Robert L. Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief; Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director; Michael Hullihan, Public Works Director; Thomas Sheahan, Chief of Police and Trey VanDyke, Sports Core Director. PRESIDENT'S OPENING COMMENTS RESIDENTNISITOR COMMENT Resident Karen Christensen addressed the Board regarding Joan Mullins' litigation indicating that defense of professional employees was important. Resident Gerald Wolin addressed the Board and the public by responding and clarifying issues raised by President Craig at the previous meeting regarding the DHA issue. APPROVAL OF MINUTES — None presented. CONSENT AGENDA: ALL ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED IN ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A BOARD MEMBER SO REQUESTS, IN WHICH EVENT, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS THE FIRST ITEM AFTER APPROVAL OF THE CONSENT AGENDA. A. ACCOUNTS PAYABLE FOR PERIOD ENDING FEBRUARY 6, 2009 - $218,955.86 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JANUARY 24, 2009 - $836,013.23 C. COMMUNITY DEVELOPMENT REFERRALS — None presented. VILLAGE OF OAK BROOK Minutes Page 2 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 6. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS 1) 2009 CRACK SEAL PROJECT Included within the 2009 Budget are funds for the 2009 Crack Seal Project. The attached listing and map depicts those streets scheduled for crack sealing this year. In accordance with our usual practice, the specifications have been drafted in such a way so as to inform the contractor that the Village would like to do as much crack sealing as possible within the budget amount. Since estimating the amount of material necessary to completely seal the contract streets is very difficult, the actual amount of crack sealing material may be more or less than the estimate. The contractor will keep a daily running total of the amount of crack sealing accomplished and will supply that information to the engineer. The intent of the specifications is that, if the budgeted amount has not been reached after completing all of the contract quantities, the engineer may direct the contractor to continue with the crack sealing operation on these streets, or additional streets, which the contractor will do at the contract unit price. This process will insure us of getting the most work done at the lowest possible cost. The requested action was that the Village Board authorize staff to seek bids for the 2009 Crack Seal Project. E. BUDGET ADJUSTMENTS — None presented. F. ORDINANCE S -1253, AN ORDINANCE AUTHORIZING A LOAN TO THE SPORTS CORE FUND The ordinance authorizing loans from the General Corporate Fund to the Sports Core Fund expired on January 31, 2009. The prior ordinance authorized a consolidated loan of up to $1,290,000 in order to fund capital and operating needs of the Sports Core dating from 1996 -2003. For the fifth consecutive year, an interfund loan was not required in order to finance Sports Core operations in 2008. That being said, none of the principal on the $1,290,000 obligation was repaid during 2008. The 2008 budget did not project repaying any of the principal in 2008. At the present time the only action requested is to extend the term of the loan for an additional one -year period. Over the last several years the Sports Core has made strides in eliminating operating deficits that averaged $161,000 from 1996 -2003. If progress continues towards consistent and increased profitability, the Sports Core should be able to begin progress on retiring this obligation. Per the 2009 -2013 Five - Year Financial Plan, repayment of this loan is projected to begin in 2012. VILLAGE OF OAK BROOK Minutes Page 3 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 6. F. The action requested was for passage of Ordinance S -1253, an Ordinance Authorizing a Loan to the Sports Core Fund. G. BRIARWOOD CIRCLE WATER MAIN REPLACEMENT CHANGE ORDER NO. 1 The proposed Change Order No. 1 encompasses the following: 1. Additional time locating /exposing utilities since a part of the existing water main was shown in a grassy area but was later determined to be under the street. 2. Repair leak around existing 8" water main using a repair clamp provided by Public Works. 3. Additional time and materials for connecting the new water main to the existing main, along Briarwood Circle `loop', at a location different than that shown on the plans due to an unforeseen conflict. This also includes installing a new fire hydrant, provided by Public Works, and a relocated valve vault. By doing this work, item No. 8 ($1,195) will not need to be done. 4. Deduction for lighting costs saved by not doing night work. The requested action was that the Village Board approve Change Order No. 1 which increases the contract amount by $10,923.05 and determine that the circumstances necessitating the change order were not reasonably foreseeable at the time the contract was signed, that this change order is in the best interest of the Village and is authorized by law. H. ORDINANCE S -1254, AN ORDINANCE GRANTING VARIATIONS FOR A DRIVEWAY AT 12 HEATHER LANE IN THE VILLAGE OF OAK BROOK. At the January 27, 2009 meeting, the Village Attorney was directed to prepare an ordinance granting approval of variations for an existing driveway located at 12 Heather Lane. The requested action was for passage of Ordinance S -1254, which approved Variations for the property located at 12 Heather Lane. I. ORDINANCE G -822, AN ORDINANCE AMENDING SECTION 13 -11 -7A OF THE ZONING ORDINANCE - MCDONALD' S /J.P. MORGAN CHASE BANK — 2121 22ND STREET TEXT AMENDMENT — SIGN REGULATIONS — OFF -SITE PREMISES SIGNS WITH CROSS ACCESS AGREEMENT VILLAGE OF OAK BROOK Minutes Page 4 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 6. I. At the January 27, 2009 meeting, the Village Attorney was directed to prepare an ordinance granting approval of a text amendment to the Zoning Ordinance to permit off - premises ground signs. The requested action was for passage of Ordinance G -882, which approves a Text Amendment to Section 13 -11 -7A of the Zoning Ordinance. J. ORDINANCE S -1255, AN ORDINANCE GRANTING SPECIAL USES FOR THE OUTDOOR DINING AND TWO DRIVE -THRU LANES IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY LOCATED AT 2111 MIDWEST ROAD IN THE VILLAGE OF OAK BROOK At the January 27, 2009 meeting, the Village Attorney was directed to prepare an ordinance granting approval of special uses for outdoor dining and two drive -thru lanes for the property located at 2111 Midwest Road. The requested action was for passage of Ordinance S -1255, which approved special uses for outdoor dining and drive -thru lanes for the property at 2111 Midwest Road. K. ORDINANCE S -1256, AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN AT 2122 22ND STREET IN THE VILLAGE OF OAK BROOK At the January 27, 2009 meeting, the Village Attorney was directed to prepare an ordinance granting approval of two variations to the Zoning Ordinance to permit an off - premises ground sign within two feet of a property line. The requested action was for passage of Ordinance S -1256, which approved variations to the Zoning Ordinance to permit an off - premises ground sign at 2122 22nd Street. L. ORDINANCE S -1257, AN ORDINANCE GRANTING VARIATIONS IN CONNECTION WITH THE DEVELOPMENT OF A RESTAURANT AT 2111 MIDWEST ROAD IN THE VILLAGE OF OAK BROOK At the January 27, 2009 meeting, the Village Attorney was directed to prepare an ordinance granting approval of multiple variations in connection with the development of a new McDonald's restaurant to be located at 2111 Midwest Road. The requested action was for passage of Ordinance S -1257, which approved variations to signage, parking space reduction and parking lot landscape screening height in connection with the development of, a new McDonald's restaurant for the property at 2111 Midwest Road. VILLAGE OF OAK BROOK Minutes Page 5 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 6. Motion by Trustee Saiyed, seconded by Trustee Carson, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA — None presented. 8. BOARD & COMMISSION RECOMMENDATIONS 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -880, AN ORDINANCE INCREASING THE ELECTRICITY TAX AND AMENDING CHAPTER 4 OF TITLE 5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES. Prior to 1999, the Village imposed a gross receipts tax of 3% on electric service. With the advent of electric deregulation in Illinois around 1999 and the expected decline in electric rates, the municipal community was concerned about the impact this would have on tax collections. In order to maintain receipts at 1999 levels, the state law regarding taxing electric service was revised to change from gross receipts tax to a ten - tiered kilowatt hour tax. Although the law change in 1999 set maximum rates for each kilowatt hour tier (based on the equivalent of 5% gross receipts tax using state -wide averages), each municipality was required to calculate their own local rates designed to approximate the prior gross receipts tax, subject to the maximum rates provided in the statutes. Neutrality in revenue was required under the statutes, with the only changes being from increases or decreases in consumption, not from changes in rates. As previously mentioned, since in 1999 3% tax calculations were done to equate the new ten tired rate structure to approximate 3% of gross receipts. In 2001, the rates were increased proportionally to approximate 5% of gross receipts, which was the maximum rate allowed by law prior to 1999. The current rate structure in somewhat below the state -wide maximum rates set in 1999. Trustee Wolin commented that this would cost the average homeowner $15 - $30 per year depending on usage. It would provide an additional $170,000 of VILLAGE OF OAK BROOK Minutes Page 6 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 9. B. 1) revenues and much of that would come from businesses in the area. He added that finances are a major issue and residents are also concerned. He suggested that this decision be postponed until the residents have an opportunity to comment and get a better understanding of the sales tax revenues. Motion by Trustee Wolin, seconded by Trustee Saiyed, to continue the discussion of this ordinance. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Saiyed and Wolin. Nays: 1 - Trustee Manofsky. Absent: 1 - Trustee Sanford. Motion carried. C. AWARD OF CONTRACTS 1) GOLF COURSE COMMODITIES Bid packages were sent to eight companies and the legal notice soliciting bids was published on January 15, 2009. Seven sealed bids were opened on Wednesday, January 28, 2009. As indicated on the bid tabulation, staff is recommending acceptance of some bids that were not the lowest submitted price for the following reasons: A. Items #4, 10, 11, 15, 21, 27, 28 and 40 - the low bid is not an acceptable substitution. B. Item #30 - the bid submitted is too high. Contracts with these companies will operate as requirements contracts (orders will only be placed when and if the Golf Course has such needs). Bid prices are firm for the entire calendar year. There is no requirement that the Village purchase a set quantity (we retain the right to either increase or decrease quantities at our sole option). We also have the option to purchase the same items through other sources (e.g. in an emergency when an item is needed sooner than it can be supplied by the low bidder). Motion by Trustee Manofsky, seconded by Trustee Saiyed, that the Village Board award requirements contracts to the following five companies: Arthur Clesen, Wheeling, Illinois; Bojo Turf Supply (BTSI), New Lenox, Illinois; Chicagoland Turf, Addison, Illinois; Eagle One, Anaheim, California; Growing Solutions, New Lenox, Illinois subject to staff review, based on unit prices bid by the lowest responsive and responsible bidders, as indicated on the bid tabulation. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. VILLAGE OF OAK BROOK Minutes Page 7 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 9. C. 2) 2009 PAVING PROJECT Ten sealed bids were opened on Tuesday, February 3, 2009. James Benes and Associates (our consulting engineer) recommends that we award the contract to the lowest responsive and responsible bidder, K -Five Construction Corp. The bid submitted by K -Five Construction Corp.in the amount of $598,176.25 is 16.6% lower than the Engineer's estimate of $717,097. The unit price for Bituminous Surface and Leveling Binder were lower than the unit price of the engineers estimate but were consistent with other bidders. The largest items that contributed to the 16.6% decrease were Aggregate Base Repair and HMA Paving Items. The Village has worked with K -Five Construction Corp. in the past and they have performed adequately. Project work includes bituminous milling and resurfacing, patching, curb removal and replacement, structure adjustment/replacement, pavement striping and landscape restoration. Impacted roadways include 22nd Street (near I -294 connector), 38th Street, Regent Drive (Oak Brook Road - Bridge) and Bath & Tennis Parking Lot. Motion by Trustee Wolin, seconded by Trustee Manofsky, that the Village Board award a contract to the lowest responsive and responsible bidder, K -Five Construction Corp., Lemont, Illinois, subject to staff review, for the 2009 Paving Project in the amount of $598,176.25. . ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. D. GIS CONSORTIUM AGREEMENT The Village Board, at it October 14`h and 28`h meetings reviewed this subject and tabled it for additional staff input. A Geographic Information System (GIS) is essentially a large database that can be accessed electronically through the use of maps. The reason that such a system is useful for a municipality is because so much of what we do is related to properties. Utilizing a GIS, staff would be able to click on a map and find out everything related to that property — permits, water billing history, zoning, parking tickets, police incidents, fire calls, emergency information, ownership, etc. A GIS helps make Village operations more efficient by helping staff take less time to find information, respond to resident requests, prepare reports, do property- related analyses. As an example, whereas currently staff might need to spend extensive time researching a land -use question, a GIS would make that chore much easier, quicker, and accurate. A GIS improves accuracy by eliminating the need to enter the same information in multiple databases and files. VILLAGE OF OAK BROOK Minutes Page 8 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 9, D. Village departments have said that tasks would be more efficient, less costly, and provide an improved level of service to Village residents and customers if they were performed with a GIS system. Some of the more valuable applications, suggested by our Village Departments, include: Public Works - The initiatives which have the potential to provide rapid and tangible financial returns include utility atlas compilation and grant applications. Currently no water atlas exists. Location of water lines for design of system improvements, development planning, or coordination with other utilities is done with a combination of file research and field detection. The documentation of a utility atlas for the water system would cost between $2009000 and $300,000. This atlas can be produced as a "layer" in the GIS system within two years, within the proposed GIS budget. Similarly, many grant opportunities including the Congestion Mitigation and Air Quality (CMAQ) and Save America's Treasures (SAT) grants are available. The analysis and presentation features of the GIS will greatly enhance our chances at securing these and other grants. The increased level of grant funding is conservatively $50,000 per year. Economic Development — GIS would allow us to conduct property searches highlighting existing commercial properties and provide property details which are key to proactive economic development efforts. As an example, the City of Naperville has an excellent GIS program that works hand -in -hand with their City's active economic development program. This type of application would allow staff to query parcels that meet specific attributes (size, location, zoning, etc.). Police — For an active crime scene, the Police Department could print an aerial photo of the area with all topographic features shown, ownership information, and other information that would help responders to manage the situation. Fire — For a hazmat occurrence, the Fire Department could view /print an aerial photo of the area, showing topographic features, storm sewers (showing which ones to sandbag) to prevent a spread of the hazardous material. Added information could include a list of hazardous chemicals housed in adjoining buildings. Engineering — A local GIS could contain flood plain information that would quickly answer the question of whether a lot is in the flood plain. This information could be placed on the Village's website with aerial photos and/or a tabular listing. Currently, residents need to retrieve a paper map. A 37 page report is available which provides additional information on applications that current GISC member municipalities have completed utilizing a GIS. Developing a GIS, particularly given the current economic climate, is a very good move for the Village. By providing easily accessible information, it helps staff meet both existing and expanded service levels, reducing the need to hire additional staff. VILLAGE OF OAK BROOK Minutes Page 9 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 9. D. We have looked at the two primary ways in which to develop a Village GIS: 1. Joining the GIS Consortium and hiring MGP staff (negotiated GISC staffing vendor). 2. Hiring our own Village in -house staff. The proposed Consortium staffing, (annual cost of $105,232), results in a 13% staff cost savings, compared with the cost if the Village were to hire one full -time person (annual cost of $120,728). In some cases a municipality would save money (Oak Brook, St. Charles, and Lake Forest) by joining the GISC, and in others would pay more (River Forest and Elmhurst). This is because each town has chosen to develop their GIS in order to generate a certain level of services. GIS is not the same for everyone — River Forest has chosen to maintain their GIS with an Intern, whereas other towns, such as St. Charles and Lake Forest, staff their GIS with 2 full -time staff in order to meet their specific GIS needs. In Oak Brook's case, there would be a savings (13 %) in staffing costs by joining the GIS Consortium. For Oak Brook, we do not believe that we would get much benefit by staffing with a single Intern (if we chose to go in- house), so our analysis assumes hiring at least 1 full -time person. In fact, given the many different departments we support, the need for additional in -house staff might be needed, if the Village chose to not join the Consortium. As departmental project needs increase in the future, our savings would be even greater than the current estimate. Perhaps more important that the projected cost savings are other benefits, listed below, that come with membership in the GIS Consortium: I. Multiple levels of expertise supplied through the Consortium vs. a single in -house staff person. 2. Information sharing between Consortium members, that you receive from being in this type of group organization, and would be unavailable if we developed an in -house GIS. 3. The inherent flexibility of using contract staff for our GIS, is in the event that the Village needs to stop the GIS project, for budgetary or other reasons. It is understood that joining the GISC is a financial commitment, one that is not taken lightly in the current economic situation. Therefore, it is staff's recommendation to join the Consortium for 2009, and to review that decision a year from now. During that one year time period, it is staff's plan to utilize the GIS and the Consortium's services as much as possible and to make it available to the public on our website. The Village could also use GIS as an integral part of Village meetings, fully interactive, displayed on a large screen for everyone to view, and run by a staff person during the meeting, in order to find information requested during the meeting. As a minimum, such meetings would include the Plan Commission, Zoning Board and Village Board. VILLAGE OF OAK BROOK Minutes Page 10 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 9. D. The proposed 5 -year budget for Oak Brook's GIS system, including the following major items in 2009: 1. MGP staffing ($105,166), 2. GISC one -time Initiation Fee ($12,000), 3. Mapping items ($52,733) that we contract for as a result of our membership in GISC. The proposed documents have been reviewed and approved by staff and the Village Attorney. Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board approve the Membership Agreement for a Geographic Information System Consortium (GISC). ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board approve the GIS Consortium Service Provider Contract with MGP - Municipal GIS Partners. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board waive bidding, due to sole source, and authorize payment of the one -time Member Initiation Fee in the amount of $12,000. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. Motion by Trustee Carson, seconded by Trustee Kennedy, that the Village Board approve the Village's membership in the GISC is initially for the year 2009, with continued membership to be based on a First Year Summary presented by Staff and reviewed at a Village Board meeting in January, 2010. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS — None presented. VILLAGE OF OAK BROOK Minutes Page 11 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 10. C. AWARD OF CONTRACTS 1) LIBRARY BOOKS, AUDIO BOOKS, DVDS, CDS AND OTHER AUDIO VISUAL MATERIALS Pursuant to the provisions of Title 1 -7 -10 our Village Code, we are permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The three primary jobbers that serve the Village of Oak Brook are Baker and Taylor, Brodart, and Ingram. The current discounts are as follows: Type of Book/Binding Baker & Taylor Brodart Ingram Trade Bindings 43.5% 45% 43.5% Library Bindings 20% 21% 15% Single Bindings 20% N/A 43.5% Mass Market & Paperbacks 40% 40% 40.5% Reinforced Library Bindings 35% Spoken Word Audio 45% N/A 0 -45% Pre - recorded Videos /DVD's 27% N/A 25% Pre - recorded CD's 15 -30% N/A N/A Although the Village has the option to bid the purchase of books, we do not have the combined purchasing power of DLS libraries, and as such we would not receive as good a discounted price. The brokers are unwilling to submit bids directly to the Village, since they could not offer a better discount than what they already offer through DLS. Multiple vendors are used throughout the year based on product availability. Motion by Trustee Saiyed, seconded by Trustee Manofsky, I move that the Village Board waive bidding and issue purchase orders for books and non -print media to Baker and Taylor, Brodart and Ingram, taking advantage of the cooperative purchasing arrangement negotiated by DuPage Library System with major book jobbers. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board that the Village Board waive bidding due to sole source for 'library -use ready' VILLAGE OF OAK BROOK Minutes Page 12 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 10. C. 1) audio books and issue purchase orders to Recorded Books, Random House and BBC Audiobooks. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board waive bidding due to being a preferred provider and issue a purchase order to Midwest Tape for the supply of DVDs and CDs. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. Motion by Trustee Saiyed, seconded by Trustee Manofsky, that the Village Board waive bidding due to sole source and issue a purchase order to Scholastic Library Publishing for the supply of Grolier Books. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. 2) 35TH STREET WATER MAIN REPLACEMENT The 2009 Budget contains funds for the construction of a replacement water main along 35th Street between Meyers Road and Cass Court. This water main has seen numerous breaks and is in need of replacement. When the 2009 Budget was assembled in September of 2008, only 2 relatively small portions of this section were selected for replacement. Consequently, it was concluded that in -house staff would design it. After Mike Hullihan became more familiar with the water system and a closer analysis conducted, it was decided to replace almost the entire stretch. The project them became larger than in -house staff could design within the time constraints. James J. Benes and Associates, Inc. was then contacted regarding the design work. Projects and funds within account 451 -76200 in the 2009 Budget will be shifted so that this project can proceed. Staff has been working with the Benes firm and the contract is the culmination of those efforts. The Benes firm has accomplished previous water main design work for the Village and is familiar with our requirements. This agreement utilizes the format previously approved by the Village Attorney and Purchasing Director Kapff. VILLAGE OF OAK BROOK Minutes Page 13 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 10. C. 2) We anticipate that in -house staff (Engineering and Public Works) will perform the construction inspection. Motion by Trustee Wolin, seconded by Trustee Manfosky, that the Village Board approve the agreement with James J. Benes and Associates, Inc. for Professional Engineering Design Services regarding the 35th Street (Meyers Road — Cass Ct) Water Main Replacement Project in the not -to- exceed amount of $44,739.00. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. 3) 2009 TASTE OF OAK BROOK CONSULTING Last year the Village contracted with an event planner, Great Events, for the Taste of Oak Brook/Independence Day event. This year Trustee Manofsky and staff are recommending the Village take a slightly different direction with the event planner. The Village met with and received proposals from two different event planners: Tamar Productions and Plan Ahead Events. Plan Ahead Events quoted a fee of $15,000 but does not have any experience with food vendor events. Tamar Productions was referred to us by the McDonald's Corporation. Tamar Productions qualifications and experiences have been reviewed. McDonald's Corporation uses them for a number of events. Solicitation of additional sponsors for this years' Taste in addition to the $50,000 sponsorship fee paid by McDonalds has begun. In the event the Village is not able to successfully attract other sponsors the Village may have to consider canceling this annual celebration due to the Village's current financial challenges. By March 1 St, which is when the first payment to Tamar is due, it will be better known how successful the sponsorship solicitations have been. Motion by Trustee Manofsky, seconded by Trustee Carson, to approve Taste of Oak Brook Consulting Agreement between the Village of Oak Brook and Tamar Productions in the amount of $14,000. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE MANAGER — Manager Niemeyer described the efforts of staff to address the fiscal downturn of revenues and the concerns of the budget. He added that a number of positions had been eliminated and staff has taken further steps to reduce or VILLAGE OF OAK BROOK Minutes Page 14 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009 eliminate travel, overtime, tuition reimbursement and have instituted a policy of not filling vacant positions. He did remind residents that the Village was very healthy with a six month cash reserve which is the envy of most communities. B. VILLAGE CLERK — Clerk Pruss reported on voter registration. C. VILLAGE PRESIDENT — President Craig addressed the DHA litigation and legal bill issues. Discussion and debate ensued regarding the ability of Trustees to speak under Roberts Rules of Order. Motion by Trustee Wolin, seconded by Trustee Kennedy, to allow trustees to speak. ROLL CALL VOTE: Ayes: 5 - Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin. Nays: 0 - None. Absent: 1 — Trustee Sanford. Motion carried. Trustee Wolin spoke to clarify some of the issues addressed by Trustee Craig regarding legal issues. 12. ADJOURNMENT Motion by Trustee Manofsky, seconded by Trustee Saiyed, to adjourn the Regular Meeting of the Board of Trustees at 9:45 p.m. VOICE VOTE: Motion carried. ATTEST: Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 15 of 15 RESCHEDULED REGULAR MEETING OF FEBRUARY 10, 2009