Minutes - 02/11/2003 - Board of Trustees1
2
3.
E
Wi
MINUTES OF THE FEBRUARY 11, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON FEBRUARY 25, 2003.
CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
President Bushy in the Samuel E. Dean Board Room of the Village Commons
at 7:30 p.m. The Pledge of Allegiance was given.
ROLL CALL: ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T.
Caleel, Susan Chase Korin, Elaine Miologos and Alfred P.
Savino.
ABSENT: Trustee John W. Craig
IN ATTENDANCE: Michael A. Crotty, Assistant Village Manager; Dale L.
Durfey, Jr., Village Engineer; Richard A. Martens, Village
Attorney; Michael J. Meranda, Public Works Director and Trey
VanDyke, Golf Club Manager.
ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE
President Bushy noted the passing of former Village President Wence Cerrie's
wife last week and gave her condolences to the family. The Village sent
flowers to the family.
APPROVAL OF MINUTES: None MINUTES
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 Aktipis, to approve the Consent
Agenda as presented and that the Board has determined that the circumstances
necessitating the change orders were not reasonably foreseeable at the time the
contract was signed and that the change orders are in the best interest of the
Village and are authorized by law. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
VILLAGE OF OAK BROOK Minutes
Page 1 of 9 February 11, 2003
5. A. APPROVAL OF BILLS - $236,456.94 APVL BILLS -
$236,456.94
31
7
Significant items included above:
1) Plote Construction -Payout 46 & Final — 2000 Paving Project— $585.51
2) Rathje & Woodward — Payout #1 — Legal Services DuPage Housing
Authority vs. Village of Oak Brook - $28,352.49
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING FEBRUARY 1, PYRL- $610,147.15
2003 - $610,147.15
C. CHANGE ORDERS:
CHNG ORDER
1) CHANGE ORDER #3 — 2000 INFRASTRUCTURE PAVING CO #3 -( $4,4114.49) -
2000 PVG PROD
PROJECT - ($4,414.49) - REVISED TOTAL CONTRACT AMOUNT
- $671,093.85
D. REFERRALS: None
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) GOLF COURSE COMMODITIES
2) GOLF COURSE MAINTENANCE EQUIPMENT
ITEMS REMOVED FROM CONSENT AGENDA: None.
BOARD & COMMISSION RECOMMENDATIONS: None.
ACTIVE AGENDA (Items for Final Action):
A. CONFIRMATION OF APPOINTMENTS: None
B. ORDINANCES & RESOLUTIONS:
SK BDS, PROPS OR
NEG CONTRCTS
GOLF CRSE COMM.
GOLF CRSE MAIN
EQUIP
RMVD C AGNDA
BD /COMM RECOM
ACTIVE AGENDA
1) RESOLUTION 2003 -AP -R -830, "A RESOLUTION OF RES 03 -AP -R -830 RES
OF APPREC - LOUIS .1.
APPRECIATION" — LOUIS J. ALDINI ALDINI
President Bushy read into the record the Resolution of Appreciation to
Louis J. Aldini for serving as a member of the Zoning Board of
Appeals.
Motion by Trustee Caleel, seconded by Trustee Savino, to approve
Resolution 2003 -AP -R -830, "A Resolution of Appreciation" — Louis J.
Aldini as presented. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 9 February 11, 2003
'rte
8. B. 2) RESOLUTION 2003 -AP -R -831, "A RESOLUTION OF RES 03 -AP -R -831- RES
OF APPREC -
APPRECIATION" — ANTHONY G. TAPPIN ANTHONY G. TAPPIN
President Bushy read into the record the Resolution of Appreciation to
Anthony G. Tappin for serving as a member of the Plan Commission.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve
Resolution 2003 -AP -R -831, "A Resolution of Appreciation" — Anthony
G. Tappin, as presented. VOICE VOTE: Motion carried.
3) RESOLUTION 2003 -AP -R -832, "A RESOLUTION OF RES 03 -AP -R -832 - RES
OFAPPREC- SAMUEL
APPRECIATION" — SAMUEL J. GIRGIS J. GIRGIS
President Bushy read into the record the Resolution of Appreciation to
Samuel J. Girgis for serving as a member of the Plan Commission.
Motion by Trustee Aktipis, seconded by Trustee Savino, to approve
Resolution 2003 -AP -R -832, "A Resolution Of Appreciation" — Samuel
J. Girgis, as presented. VOICE VOTE: Motion carried.
4) ORDINANCE 2003- ZO- V -EX1 -S -1033, "AN ORDINANCE ORD 03- ZO- V- EX1 -S-
1033 - VAR - SEC 13-3 -
GRANTING A VARIATION FROM THE PROVISIONS OF 6 OF THE VIL CDE -
SECTION 13 -3 -6 OF THE VILLAGE CODE OF THE VILLAGE OF REL TO FENCES - OAK
BROOK CLUB DRIVE
OAK BROOK RELATIVE TO FENCES AND APPROVING A
LICENSE AGREEMENT (OAK BROOK CLUB DRIVE)."
The ordinance permits the reconstruction of an existing six -foot high,
solid wood stockade fence along a portion of the perimeter of the
property. This ordinance also approves a license agreement between the
Oak Brook Club and the Village of Oak Brook permitting the fence to
remain in its current location, provided that the Oak Brook Club will
remove the fence within 90 days if requested to do so.
Motion by Trustee Savino, seconded by Trustee Caleel, that the Village
Board approve Ordinance 2003- ZO- V -EXI -S -1033, "An Ordinance
Granting A Variation from the Provisions of Section 13 -3 -6 of the
Village Code of The Village of Oak Brook Relative to Fences and
Approving a License Agreement (Oak Brook Club Drive)." ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 3 of 9 February 11, 2003
IC09
8. B. 5) RESOLUTION 2003 -SWM -R -833, "A
COLLECTIVELY PARTICIPATE WITH
DUPAGE IN THE NATIONAL POLI
ELIMINATION SYSTEM PHASE
STORMWATER PERMIT PROCESS."
RESOLUTION TO RES 03 -SWM -R -833 —
PART W /CTY OF DPG
THE COUNTY OF NPDES PHSE H
,UTANT DISCHARGE sTRMwTR PERMT
PROCESS
II COUNTYWIDE
The National Pollutant Discharge Elimination System (NPDES) Phase II
Stormwater Program is a mandate of the Clean Water Act and requires
permit coverage for storm water discharges for certain regulated small
municipal separate storm sewer systems. It has been determined by the
Federal and State Authorities that all municipalities in DuPage County
along with the County of DuPage will be required to apply for a NPDES
Phase II Stormwater Permit.
The NPDES Phase II Permit requires that all applicants submit an
application or Notice of Intent to the Illinois Environmental Protection
Agency (IEPA) along with a Stormwater Management Plan that
identifies:
1. The Best Management Practices (BMP's) and measurable goals
for the six minimum control measures.
2. A timetable for implementation.
3. The person(s) responsible for implementation.
The Village staff has worked through the DuPage Mayors and Managers
Conference's Regulatory Issues Committee and with DuPage County
staff and other municipal staff to research different permitting methods
and have come to the conclusion that pursuing a Countywide general
permit and permitting with the County is the most prudent approach. A
Countywide general permit has the benefits of reducing duplication of
efforts and costs associated with program development and
implementation and creating a partnership between municipalities and
the County to prioritize for maximum effectiveness for limited funding
available for water quality improvements.
President Bushy added that this was an example of the work done by
DuPage Mayors and Managers Conference member communities
working together that will ultimately save each community money.
Motion by Trustee Miologos, seconded by Trustee Aktipis, that the
Village Board approve Resolution 2003 -SWM -R -833, "A Resolution to
Collectively Participate with the County of DuPage in the National
Pollutant Discharge Elimination System Phase II Countywide
Stormwater Permit Process." ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes Page 4 of 9 February 11, 2003
8. B. 5) Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None
Absent: 1 - Trustee Craig. Motion carried.
C. AWARD OF CONTRACTS: None AWARD CT
D. ISSUANCE OF 2003 SCAVENGER/SOLID WASTE HAULER ISSU a3 SCAV. LICENSE
- PINNACLE WASTE
LICENSE — PINNACLE WASTE SERVICES, INC. SERVICES, INC.
The Village Code provides for one residential scavenger license (to be
issued to the hauler awarded the residential contract by the Village) and
an unlimited number of commercial scavenger licenses. Pursuant to
Section 4 -3 -2 of the Village Code, the Village Board issues scavenger
licenses upon recommendation of the Village Manager. Licenses are for
the calendar year and the Board considered recommendations at its
December meeting. At the December meeting, Pinnacle Waste
Services, Inc. had not requested a license. They have at this time
provided the appropriate documents.
Motion by Trustee Caleel, seconded by Trustee Aktipis, that the Village
Board approve issuance of a commercial scavenger /solid waste hauler
license to Pinnacle Waste Services, Inc. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
E. APPROVAL OF REQUEST FOR RELEASE OF FUNDS — OAK RLS of FNDS - oB HTL,
BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE — 4 T" . Q -
& viS CTE - QTR TAX RCPTS -
20% OF THE 2002 FOURTH QUARTER HOTEL TAX RECEIPTS $17,649.02
TO THE DUPAGE CONVENTION & VISITORS BUREAU IN THE
AMOUNT OF $17,649.02
At the February 6, 2003 regular meeting, the Oak Brook Hotel,
Convention and Visitors Committee recommended that $17,649.02 be
released to the DuPage Convention and Visitors Bureau. The amount
represents 20% of the 2002 fourth quarter hotel tax receipts.
Motion by Trustee Savino, seconded by Trustee Caleel, that the Village
Board authorize the release of 20% of the 2002 fourth quarter hotel tax
receipts to the DuPage Convention and Visitors Bureau in the amount of
$17,649.02, as recommended by the Oak Brook Hotel, Convention and
Visitors Committee. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Craig. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 9 February 11, 2003
�6
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Bushy noted a strategic planning meeting by the DuPage Mayors
and Managers Conference that discussed how communities may benefit
from membership in the Conference recognizing the decline of revenues.
They hope to do more for communities with the services they offer.
Executive Partners, an outside agency, managed the strategic planning
retreat. The conference will adopt this work project for the next three years
once it is compiled.
Last week the Conference's Board of Directors met with DuPage County
Board Chairman Schillerstrom, to discuss the western access and general
expansion of O'Hare Airport. He explained the physical realities of the
western expansion of O'Hare and discussed a rapid bus transit route.
Following his presentation, a description of a proposed firefighter
promotion bill in the Springfield legislature was discussed. It would
eliminate rights of managing fire departments. Promotions within the fire
departments would not be contingent upon testing but rather on the basis of
seniority. Communities are fighting this strongly. April 301h and May 1St is
the Springfield drive down with DuPage Mayors and Managers Conference
for lobbying legislators. DuPage Mayors and Managers Conferences
Legislative Action Plan for 2003 has been completed and the Village Board
will be asked to pass a resolution at their next meeting giving concurrence
with the plan.
The next meeting of the Mayors and Managers Conference will be held
February 19th addressing the West Nile virus which is of great concern to
the Village of Oak Brook due to the forested areas within our community.
On February 13th a Common Ground Update will be given at the DuPage
Mayors and Managers Conference facility and President Bushy asked if any
Board members could attend to notify Acting Village Manager Crotty. The
DuPage County Board disbanded the DuPage Waste Management
Committee and sold the intermediate processing facility in Carol Stream
with the proceeds to the municipalities. The Village should receive an
amount of approximately $30,000 from this sale.
B. VILLAGE MANAGER: No report was given.
VILLAGE OF OAK BROOK Minutes
R
Page 6 of 9 February 11, 2003
INFO & UPDATES
VLLGPRES
VLLG MGR
10.
11
DEPARTMENTAL REPORTS — LIAISON ASSIGNMENTS:
Community Development
Finance & Purchasing
Library & Technology
Public Safety
Engineering, Public Works & Safety Pathway System
Sports Core, Community Events & Hotel, Convention
& Visitors Committee
Village Clerk
The Departmental Reports were accepted as reported.
UNFINISHED AND NEW BUSINESS:
Trustee Savino
Trustee Aktipis
Trustee Korin
Trustee Caleel
Trustee Miologos
Trustee Craig
Clerk Gonnella
UNFIN & NEW
BUSINESS
A. REQUEST THAT VILLAGE ENTER INTO RECAPTURE AGREEMENT RACAPTURE AGREE -
- WATER MAIN IMPROVEMENTS WTR MN IMPRVMNTS
The Village of Oak Brook received a letter dated January 16, 2003 from
Cathleen Keating, an attorney representing a water service customer in an
unincorporated area of Elmhurst, requesting that the Village enter into a so-
called recapture agreement for a water main extension which was
constructed last year on Poplar Avenue in unincorporated Elmhurst. She
has also provided a form of recapture agreement.
To the best of Attorney Marten's knowledge, the Village has not entered
into recapture agreements in the past. Many municipalities offer recapture
agreements with developers. Some municipalities do not offer these
agreements, as the Village is not legally required to enter into a recapture
agreement.
A recapture agreement seeks to recover some of the expenses incurred by a
developer for required public improvements from other private property
owners beyond the borders of the primary development. For example, if a
developer is required to run a water main to its property, and this water
main passes other private property, a recapture agreement would permit the
developer to seek to recover a portion of its cost of the water main from the
other private property owners who may, at some future date, be able to hook
up to the main. This arrangement avoids having the developer bear all the
burden of such an improvement. Such an agreement spells out in some
detail which properties are benefited from the improvement, and what costs
they should bear if they utilize the improvement.
A recapture agreement does not affect the primary developer's right to
recover its development costs, including infrastructure costs, when the
developer sells its property within its project to individual owners.
VILLAGE OF OAK BROOK Minutes
Me
Page 7 of 9 February 11, 2003
11. A. Thus, if the developer sells a lot within its project to a party who wishes to
construct a house, the developer is free to recover whatever percentage of
his infrastructure costs he is able to negotiate with the purchaser. The
recapture agreement addresses property which the developer does not own
or control.
This is a policy matter which the Board would address. Attorney Keating
has asked for the opportunity to discuss this matter with the Village Board
and is in attendance of the meeting.
While the Village is not required to enter into recapture agreements, State
statute permits a municipality to enter into such agreements. In Section 5/9-
5-1 of the Illinois Municipal Code (65 ILCS 5/9 -5 -1) the statute states in
part:
• Whenever a municipal ordinance... requires the installation
of water mains ... or the issuance of a building permit and
where, in the opinion of the corporate authorities, the
facilities, roadways, or improvements may be used for the
benefit of property not in the subdivision... or outside the
property for which a building permit has been issued, and
the water mains ... are to be dedicated to the public, the
corporate authorities may by contract with the subdivider
or permittee agree to reimburse and may reimburse the
subdivider or permittee for a portion of the cost of the
facilities, roadways, and improvements from fees charged
to owners of property not within the subdivision, planned
unit development, or property for which a building permit
has been issued when and as collected from the owners.
The statute does not provide for the payment of fees to the municipality for
administering a recapture agreement. Home rule communities often provide
for such fees.
The Village Attorney provided a form of recapture agreement which is more
protective of the Village than the form provided by Ms. Keating. In the
recommended form, the developer bears the risk of a challenge to the
agreement, including challenges to the designation of the benefited parcels,
the amount to be recaptured, the calculation of the recapture fee for each
parcel, and whether a so- called triggering event occurred.
Attorney Keating explained to the Board the applicants' request and the
reasoning for their request. Trustee Aktipis asked if there is any downside if
the Village would approve the agreement. Attorney Martens indicated that
the Village would collect the fees and pass them on to the party requesting
this.
VILLAGE OF OAK BROOK Minutes Page 8 of 9 February 11, 2003
11. A. Trustee Caleel asked if the Village would charge a fee to handle this process.
Attorney Martens indicated the Village would want to cover their expenses
for processing this.
Motion by Trustee Savino, seconded by Trustee Aktipis, to authorize the
Village Attorney to draft the necessary documents for Village Board
approval at their next meeting. VOICE VOTE: Motion carried.
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: OTHER aus.
Trustee Caleel noted the Village Clerk's license survey of DuPage County
municipalities. He asked if this could be discussed now or at the next Board
meeting. He suggested that the following license fees be increased: the tobacco
license be increased to $100, the raffle license fee be increased to $25, the
scavenger /solid waste license fee be increased to $1,000 and taxi cabs assessed
a $25 fee. He also suggested that business licenses be instituted with a fee
structure between $10.00 and $100.00. President Bushy stated that adjustments
to existing fees could be on the Board's next agenda for discussion, but that
staff would need more time to review the business license issue due to
additional staffing needs for this process. Trustee Aktipis asked for the up and
downside of instituting business license fees.
Trustee Korin noted the issue of the Oak Brook Post Office's facility has not
been addressed for many months and asked for an update of whether there will
be any improvements to their facility. Manager Crotty will follow -up with this.
Trustee Aktipis noted that this is a federal facility and they are not required to
respond to our request. Trustee Caleel asked if our senator or representative
could help us on this issue. President Bushy stated she would not want to
expend funds to travel in order to bring up this issue with them.
Trustee Savino suggested that during discussion of future change orders that the
Village Board would address questions at the Board meetings to a
representative from Earth Tech and Harbour Contractors rather than staff. He
noted that Acting Manager Crotty had already suggested that this should occur.
13. ADJOURNMENT: ADJRN
Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn the meeting at
8:55 p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 9 of 9 February 11, 2003