Minutes - 02/25/2003 - Board of TrusteesIA.
MINUTES OF THE FEBRUARY 25, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON MARCH 11, 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 7:35 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, John W. Craig, Susan Chase Korin, Elaine Miologos and
Alfred P. Savino.
ABSENT: None.
IN ATTENDANCE: Michael A. Crotty, Acting Village Manager; Dale L.
Durfey, Village Engineer; Debra J. Jarvis, Fire Chief; Bruce F.
Kapff, Director of Information Services & Purchasing; Robert L.
Kallien, Director of Community Development; Darrell J.
Langlois, Finance Director; Richard A. Martens, Village
Attorney; Ruth A. Martin, Library Director; Michael J. Meranda,
Public Works Director; Police Sergeant Alan Borkovec and
Bonnie Sartore, Bath & Tennis Club Manager.
2. ADJOURN TO CLOSED MEETING: To consider security procedures and the ADJRN TO CLSD
MTG
use of personnel and equipment to respond to an actual, a threatened or a
reasonably potential danger to the safety of employees, students, staff or public
property.
Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn to a closed
meeting at 7:40 p.m. to consider security procedures and the use of personnel
and equipment to respond to an actual, a threatened or a reasonably potential
danger to the safety of employees, students, staff or public property. ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - Motion carried.
VILLAGE OF OAK BROOK Minutes
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Page 1 of 17 February 25, 2003
2 A. RECONVENE FROM CLOSED MEETING: RECNVN FRM CESD
M TG
Motion by Trustee Savino, seconded by Trustee Caleel, to adjourn the Closed
Meeting to the Regular Meeting at 8:01 p.m. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - Motion carried.
3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE
President Bushy congratulated the City of Elmhurst on their ranking in the
current issue of Chicago Magazine. The ranking for the Village of Oak Brook
included at least one statistic that is incorrect, listing the Village with a 6
minute 38 second response time for fire calls when it is actually 4 minutes 27
seconds. It is her intention to be in correspondence with Chicago Magazine and
she wanted the public to know the correct response time.
Trustee Aktipis acknowledged that the Village's budget has been stressed by
the decline of our sales tax revenue and staff is continuously attempting to
proceed in a responsible way. In the Nations Weekly newspaper is an article
that the economy forces one in four cities to consider police cutbacks. He
stated the residents should be cognizant of the fact that the Village is doing very
well and maintaining a six month reserve in the General Fund. President Bushy
also noted that the sales tax revenue from November was well over $1,000,000
and an excellent month for the Village.
4. APPROVAL OF MINUTES: MINUTES
Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Minutes
of the Regular Board of Trustees Meeting of January 28, 2003 as presented and
waive the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Minutes
of the Regular Board of Trustees Meeting of February 11, 2003 as presented
and waive the full reading thereof. VOICE VOTE: Motion carried.
5. CONSENT AGENDA: C. AGENDA
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion. Trustee Caleel asked that 5. E. 2 Authorization to
Seek Bid for IBM SQL Database Server be removed from the Consent Agenda
for further discussion. Trustee Milogos asked that 5. A. 6 Earth Tech, Inc. —
Payout #28 and 29 — Municipal Complex Project - $8,567.56 be deferred to
Agenda Item 8.E. later on the agenda.
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Page 2 of 17 February 25, 2003
5. Motion by Trustee Caleel, seconded by Trustee Miologos, to approve the
Consent Agenda as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. APPROVAL OF BILLS - $562,370.73
Significant items included above:
1) DuPage Water Commission - $ 190,457.62
2) Harbour Contractors, Inc. - Payout #24 — Municipal Complex Project -
$82,865.71
3) Mid -State Surety — Payout #2 — Municipal Complex Project -
$41,571.00
4) Civiltech Engineering, Inc. — Payout #13 — York/Harger Road
Bicycle /Pedestrian Path Phase II - $18,679.59
5) Phillips, Swager Associates — Payout #10 & Final — Library Building
Project - $2,642.81
6) Earth Tech, Inc. — Payout #28 and 29 — Municipal Complex Project -
$8,567.56 Removed from the Consent Agenda
APVL BLS -
S562,370.73
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING FEBRUARY APVI. PYRL -
15, 2003 - $476,292.31 5476,292.31
C. CHANGE ORDERS: None
D. REFERRALS: REFERRALS
1) MCDONALD'S (SE CORNER OF SPRING & COMMERCE) SE CRNR SPRNG RD
& COMMERCE -
REQUEST FOR TEXT AMENDMENTS, SPECIAL USES AND TxT AMNDMNTS,
FINAL PLAT OF SUBDIVISION REFERRAL TO THE PLAN SPEC USE & FNL
COMMISSION AT THEIR MEETING OF MARCH 17 2003 AND PLT OF SUBD[V.
THE ZONING BOARD OF APPEALS AT THEIR MEETING OF
ElIaRIlEM N 1ITc?
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE SK BDS -PROP OR
CONTRACTS: NEG CTRCTS
1) AUTHORIZATION TO NEGOTIATE CONTRACT 2003 NEG CNTRCT 03
PAVEMENT REJUVENATION PROJECT P PROD REJUV
OJ
2) AUTHORIZATION TO SEEK BID FOR IBM SQL DATABASE REMOVED
SERVER Removed from the Consent Agenda for further discussion
VILLAGE OF OAK BROOK Minutes Page 3 of 17 February 25, 2003
5. F. ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF TREAS RPT - 0 -03
JANUARY, 2003
G. AUTHORIZATION OF POLICE DEPARTMENT UNIT 304 REPAIRS P.D. UNIT 304 RPRS
6. ITEMS REMOVED FROM CONSENT AGENDA: RMVD C AGNDA
5. A. 6) Trustee Miologos asked that Agenda Item 5. A. 6) Earth Tech, Inc. — DEFR TO 8.E.
Payout 428 and 29 — Municipal Complex Project - $8,567.56 be
deferred to Agenda Item 8. E.
E. 2) Trustee Caleel asked if Agenda Item 5. E. 2) Authorization to Seek Bid SK BD - SQL
for IBM SQL Database Server could be deferred at this time due to DTABSE SERVER
budget constraints. Purchasing Director Kapff explained the high
priority of purchasing this hardware at this time.
Motion by Trustee Caleel, seconded by Trustee, to approve the
authorization to seek bid for IBM SQL Database Server. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent:0 - None. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS: None. BD /COMM RECOM
8. ACTIVE AGENDA (Items for Final Action): ACTIVE AGENDA
President Bushy explained that due to the format of the Board's agenda the
resolution to approve an Ad Hoc Committee for the 2003 Oak Brook Autumn
Festival be addressed at this time before approving appointments to the
Committee. She requested Agenda Item 8. B. 4) A Resolution Establishing an
Ad Hoc Committee for the Purpose of Planning and Coordinating the 2003 Oak
Brook Autumn Festival be addressed at this time.
B. 4) RESOLUTION 2003 -BD -AFC -R -835, "A RESOLUTION RES 03-BD- AFC -R-
ESTABLISHING AN AD HOC COMMITTEE FOR THE PURPOSE 835 - AD FLOC CMTE
OF PLANNING AND COORDINATING THE 2003 OAK BROOK -AUTMN FESTIVAL
AUTUMN FESTIVAL."
Motion by Trustee Craig, seconded by Trustee Korin, to approve
Resolution 2003 -BD- AFC -R -835, "A Resolution Establishing an Ad
Hoc Committee for the Purpose of Planning and Coordinating the 2003
Oak Brook Autumn Festival." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 4 of 17 February 25, 2003
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A. CONFIRMATION OF APPOINTMENTS: CONFIRM APPTs
1. 2003 AUTUMN FESTIVAL COMMITTEE 03 ATMN FES CTE
President Bushy recommended appointments to the 2003 Autumn
Festival Committee.
Motion by Trustee Aktipis, seconded by Trustee Craig, to concur with
President Bushy's recommendation of the following appointments to the
2003 Autumn Festival Committee:
a. Village of Oak Brook (Trustee) - John Craig, Committee
Chairman
b. Oak Brook Civic Association - Carolyn Link
C. Butler School PTA - Linda Lojewski
d. Brook Forest School PTA - Mariette Adrian
e. Oak Brook Women's Club - Joan Philip
f. Resident — Residing in Downers Grove School Districts #58
& #99 - Rose Boersma
g. Resident — Residing in Elmhurst Unit School District #205 -
Ralph Maxson
h. Resident — Residing in Salt Creek School District #48 and
Willowbrook High School District & 488 - Nelly Naguib
i. At Large Member - Asif Yusuf
j. At Large Member - Harry Peters
k. At Large Member - Joyce Antoniolli
1. At Large Member - RonnDa Peters
M. At Large Member - Barbara Nasharr
n. At Large Member - Connie Craig
o. At Large Member - Nuha Dabbouseh
P. Commercial Sector Representative - Janis Lundquist
VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS: ORD /RES
1) RESOLUTION 2003 - DUMM -LP -R -834, "A RESOLUTION R 8303- DUMM -LP-
ADOPTING THE 2003 LEGISLATIVE POSITIONS OF THE
DUPAGE MAYORS AND MANAGERS CONFERENCE."
In 2001 the Village began a practice of adopting the legislative positions
of the DuPage Mayors and Managers Conference and the Illinois
Municipal League as Village policy through adoption of formal
resolutions to that effect:.
VILLAGE OF OAK BROOK Minutes
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Page 5 of 17 February 25, 2003
8. B. 1) The motivation for this step was to provide guidance and clarity in those
instances when professional municipal employee associations, (e.g.,
police chiefs, fire chiefs, public works) to which our department heads
belong, adopt positions on legislation that are contrary to the positions
taken by the municipal associations (e.g., DMMC and IML) to which
their employer belongs. Although not a frequent occurrence, these
situations do arise from time to time.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve
Resolution 2003 - DUMM -LP -R -834, "A Resolution Adopting the 2003
Legislative Positions of the DuPage Mayors and Managers Conference."
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) ORDINANCE 2003-AL-RR-G-713, "AN ORDINANCE AMENDING ORD 03- AL -RR -G-
713
TITLE 4 CHAPTER 1 LIQUOR CONTROL, SECTION 4- 1- 24 -B3E
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK,
ILLINOIS."
The Local Liquor Commissioner, Karen M. Bushy, Village Attorney
Martens, Village Clerk Gonnella and Deputy Village Clerk Harty
reviewed Section 1, "Liquor Control" of the Village Code and have
requested a change in Section 4 -1 -24, B. 3. e. It has been determined
that our licensed establishments cannot serve a bottle of wine, carafe of
wine or a half bottle of wine to a single patron. Many of the
establishments do not sell expensive wine by the glass but only by the
bottle. Presently, the limitation in Section 4 -1 -24, B. 3. e. reads as
follows: "Selling pitchers (or the equivalent, including, but not limited
to, buckets), carafes or bottles of alcoholic liquor which are customarily
sold in such manner and delivered to two (2) or more persons at one
time." The requested change of Section 4 -1 -24, B. 3. e. would delete
"and delivered to two (2) or more persons."
Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village
Board approve Ordinance 2003- AL -RR -G -713, "An Ordinance
Amending Title 4, Chapter 1, Liquor Control, Section 4- 1- 24 -B3e of the
Village Code of the Village of Oak Brook, Illinois." ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 6 of 17 February 25, 2003
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8. B. 3) ORDINANCE 2003- LC -AL -G -714, "AN ORDINANCE AMENDING ORD o3- LC -AL -O-
714 AMND TTL 4,
TITLE 4 CHAPTER 1 SECTION 8A OF THE VILLAGE CODE OF CHAP I SEC 8A - #
VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO THE OF AUTH LIQ LIC
NUMBER OF AUTHORIZED LIQUOR LICENSES."
White Lodging Services Corporation has made application to the
Village for a Class E liquor license for the Residence Inn by Marriott -
Oak Brook located at 790 Jorie Boulevard. All documentation
requirements have been fulfilled and approved by Village Attorney
Martens. A criminal background check is being processed at this time.
Their new General Manager, Heather Wehling, has also completed the
BASSET training by our Oak Brook Police Department. A
representative from White Lodging Services Corporation was in
attendance of the meeting. President Bushy requested Mr. Burnell,
Executive Vice President of White Lodging Services Corporation, be in
contact with Deputy Police Chief Haas to arrange for a tour of their
facility before opening of the facility.
Motion by Trustee Savino, seconded by Trustee Aktipis, that the Village
Board of Trustees approve Ordinance 2003- LC -AL -G -714, "An
Ordinance Amending Title 4, Chapter 1, Section 8A of the Village
Code of the Village of Oak Brook, Illinois Relative to the Number of
Authorized Liquor Licenses." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
4) RESOLUTION 2003 -BD -AFC -R -835, "A RESOLUTION REMOVED TO
PRIOR TO 8A
ESTABLISHING AN AD HOC COMMITTEE FOR THE PURPOSE
OF PLANNING AND COORDINATING THE 200 OAK BROOK
AUTUMN FESTIVAL."
C. AWARD OF CONTRACTS:
AWARD CT
1) POLICE DEPARTMENT UNIFORMS & EQUIPMENT PD UNIFM & EQUIP
One sealed bid was opened on February 12, 2003. Bids were sent to
four companies. Ray O'Herron, who usually submits a bid, is no longer
supplying police uniforms. Streicher Uniforms and Safety 911 did not
have time to submit a bid. Kale Uniforms has been the sole supplier of
equipment for the Police Department for five years. The Police
Department has built a great working relationship with Kale and the
service received is outstanding from the time the orders are taken to
delivery. By remaining with Kale Uniforms, we maintain uniformity
and quality in the uniforms and equipment that are issued.
VILLAGE OF OAK BROOK Minutes Page 7 of 17 February 25, 2003
8. C. 1) Motion by Trustee Caleel, seconded by Trustee Savino, that the Village
Board award a requirements contract to the lowest responsive and
responsible bidder, Kale Uniforms, 555 West Roosevelt Road, Chicago,
Illinois 60607 subject to staff review, based on unit prices, as indicated
on the bid tabulation. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried
2) SUNGARD/PENTAMATION ANNUAL MAINTENANCE OF SNGD/ PFNTMTN --
FINANCL SOFTWR
FINANCIAL APPLICATION AND SYSTEM SOFTWARE MAINT
The Village uses a financial software package supplied by Sungard
Pentamation, Inc. In order to obtain user and system support throughout
the year and to stay current with software patches, it is necessary to
annually contract with them for such support.
Motion by Trustee Korin, seconded by Trustee Caleel, that the Village
Board waive competitive bidding, due to sole source and to use a single
company for maintenance of our financial system, and issue a purchase
order to Sungard Pentamation, Inc. 225 Marketplace, Bethlehem,
Pennsylvania 18018. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried
3) FIREWORKS
The 2003 Independence Day Celebration is scheduled for Thursday,
July 3, with a rain date of Friday, July 4th. For the past eight years,
Melrose Pyrotechnics has produced the fireworks display very
successfully, providing a wonderful show of fireworks accompanied by
music. Melrose has worked well with all of the Village staff in
producing a high quality show and is able to meet the safety and
insurance requirements the Village has set. Melrose has a long list of
clients including the City of Chicago, Navy Pier, the Chicago Bulls,
White Sox, and Indiana Pacers. R.B. Enterprises provides personnel and
equipment necessary for parking, lighting, signage, and concessions for
the event. For the past 15 years, R.B. Enterprises has worked
successfully with the Police, Fire and Public Works Departments, as
well as with the entire Sports Core staff, in undertaking the traffic and
parking associated with a number of events in the village, including the
Independence Day celebration.
VILLAGE OF OAK BROOK Minutes Page 8 of 17 February 25, 2003
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FIREWRKS
.1
C. 3) Motion by Trustee Craig, seconded by Trustee Miologos, that the
Village Board waive competitive bidding due to the unique nature of the
services to be rendered, and award a contract subject to staff review to
Melrose Pyrotechnics, P.O. Box 302, Kingsbury, IN 46345 to perform
the annual fireworks display at a lump sum price of $33,000 and to
waive competitive bidding due to the unique nature of the services
rendered and authorize issuance of a purchase order to R. B. Enterprises,
1771 Mallette Road, Aurora, Illinois 60505 to provide ancillary services
in connection with the event at a lump sum price of $20,830.
Trustee Caleel stated that at the February 24, 2003 Committee-of-the -
Whole meeting Trustee Korin was to contact the Oak Brook Park
District, Trustee Craig was to contact the Oak Brook Hotel, Convention
and Visitors Committee to determine if they would reconsider
contributing funds to the event and Trustee Miologos was to contact the
Oakbrook Center to determine if they would consider contributing funds
to this event.
Motion by Trustee Caleel, seconded by Trustee Miologos, to table this
agenda item to the next regular Village Board meeting. ROLL CALL
VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Miologos.
Nays: 1 - Trustee Savino.
Absent: 0 - None. Motion carried
4) PARKING & SECURITY
Staff had requested that the Village Board waive competitive bidding
due to the unique nature of the services rendered and authorize issuance
of a purchase order to R. B. Enterprises, 1771 Mallette Road, Aurora,
Illinois 60505 to provide ancillary services in conjunction with the event
at a lump sum price of $20,830.
This agenda item was previously voted upon to table in conjunction with
Agenda Item 8. C. 3) FIREWORKS.
5) RECAPTURE AGREEMENT
Village Attorney Martens has drafted the recapture agreement as was
discussed at the Village Board meeting of February 11, 2003. A
processing fee is included in the amount of $500 as set forth in
paragraph 4 of the revised agreement and an administration fee equal to
2% of the fees received after the first $10,000.
VILLAGE OF OAK BROOK Minutes
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Page 9 of 17 February 25, 2003
PKG.SECRTY
RECAPTURE
AGREE
N.
C. 5) Motion by Trustee Aktipis, seconded by Trustee Korin, that the Village
Board approve the Recapture Agreement providing for the allocation of
costs for certain water main improvements in a portion of the
certificated area of the Oak Brook water system. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
6) 2003 PAVING PROJECT
Ten sealed bids were opened on Wednesday, February 19, 2003. The
bid submitted by Brothers Asphalt Paving, Inc. in the amount of
$348,326.99 is approximately 21.7% lower than the Engineer's estimate
of $444,943.85. James Benes and Associates, the Village's consulting
engineer, recommends that the Village award the contract to Brothers
Asphalt Paving, Inc.
Motion by Trustee Miologos, seconded by Trustee Caleel, that the
Village Board award a contract to the lowest responsive and responsible
bidder, Brothers Asphalt Paving, Inc., 1340 Horseshoe Court, Addison,
Illinois 60101, based on the unit prices submitted, for an estimated total
project price of $348,326.99. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
03 PVG PROJ
D. REMOVE FROM THE TABLE AWARD OF CONTRACT FROM SK BDS
MEETING OF OCTOBER 24, 2000 AND REQUEST
AUTHORIZATION TO SEEK BIDS FOR WATER SYSTEM, CROSS -
CONNECTION CONTROL PROGRAM
Motion by Trustee Caleel, seconded by Trustee Aktipis, that the Village
Board remove from the table the discussion on the water utility cross
connection control program dating back to October 24, 2000. VOICE
VOTE: Motion carried.
FUNDING SOURCE: The FY -03 budget has $50,000 included in
Program 351 -7700 (Water Fund) for this item. Additionally, funds have
been incorporated into the 2003 -2007 Five -Year Financial Plan for
continuation of the program.
VILLAGE OF OAK BROOK Minutes
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Page 10 of 17 February 25, 2003
8. D. To ensure compliance with USEPA regulations relative to cross - connection
control, (the protection of the public water supply from accidental
contamination) and realizing that such a program cannot be appropriately
implemented and administered with existing staff, staff is requesting
authorization to prepare specifications and obtain competitive bids for a
complete coverage cross - connection control program.
The main components of the program will be:
• Public /Customer education on cross - connections and how to
mitigate them.
• A physical on -site inspection of all commercial water accounts that
will identify and catalog existing cross - connection control devices,
identify accounts where the installation of a cross - connection
control device(s) is necessary, and identify any plumbing system
irregularities.
• The generation and annual maintenance of a detailed data -base and
accounting of all cross - connection control devices and the status of
each.
• Annual mailings notifying customers of their obligations under the
cross - connection control program.
• Consultation with Village staff on new water accounts and the need
for a cross - connection control device.
Motion by Trustee Miologos, seconded by Trustee Caleel, that the
Village Board authorize staff to prepare specifications and obtain
competitive bids for the implementation of a water utility cross -
connection control program. VOICE VOTE: Motion carried.
E. REMOVE FROM THE TABLE CHANGE ORDER # 3- MUNICIPAL CHNG ORDER #3 -
MCP - EARTH, TEC
COMPLEX PROJECT - $35,000.00 - EARTH TECH, INC. — -$35,000
REVISED TOTAL CONTRACT AMOUNT - $686,549.45
The Village Board, at its November 26, 2002 meeting, tabled Earth
Tech's original request so that staff and Earth Tech could attend the
meeting and respond to Board questions. Since that meeting, Earth Tech
has revised their original request (asking for an additional $35,000
instead of the original request of $24,000) based on a revised estimated
completion date of May 23, 2003.
The current contract with Earth Tech provides compensation in the not -
to- exceed amount of $651,549.45 for final design and construction
services (includes original contract amount of $549,345, CO #1 for
$91,527.99 approved 9/12/00, and CO 42 for $10,676.46 approved
7/23/02). Change Orders #1 and #2 were for additional work that was
not part of the original scope of services.
VILLAGE OF OAK BROOK Minutes Page 11 of 17 February 25, 2003
8. E. Change Order #3 is caused by a longer than anticipated construction
schedule. The Village's contract with Earth Tech called for a 23 -month
schedule for construction. Harbour's most recent estimate is for
construction to be complete in May (for a 29 -month construction
period). Earth Tech's request is a not -to- exceed amount of $35,000 for
the 6 -month period (through 5/12/03), based on their actual costs for the
first 2 months (December 2002 and January 2003) plus an estimate of
their monthly expenses for the remaining 4 months. The Village will be
billed the actual time and material costs, and the $35,000 serves as a cap
on the total additional costs for the requested time extension.
Motion by Trustee Korin, seconded by Trustee Aktipis, to remove from
the table the discussion of Change Order #3 — Municipal Complex
Project - $35,000 — Earth Tech, Inc. — Revised Total Contract Amount -
$686,549.45. VOICE VOTE: Motion carried.
Trustee Caleel requested that a special meeting with representatives
from Earth Tech be held to discuss the change order. Village Attorney
Martens suggested that two Trustees form an ad hoc committee of the
Board to meet with Earth Tech and Harbour Contractors. Trustee
Savino requested that a special meeting be called as several trustees
indicated an interest in attending this meeting. The Village Board
concurred to have a special meeting with representatives of both firms
and Margaret Rimbo will poll the Board members for a specific date.
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT:
President Bushy discussed HB1195 the Firefighter Promotion bill that
credits years of longevity in the promotion process of firefighters rather than
the testing process. She is one of the mayors who will testify in Springfield
before the legislators on this bill. HB328 Sales Tax Holiday bill has been
proposed for the first weekend in August. If a municipality does not wish to
participate in it, they could opt not to participate. HB305 sponsored by
Representative Meyers exempts under the Open Meetings Act that
governmental bodies may hold a closed meeting to discuss security
procedures in response to actual or threatened danger to the public and
amends the Freedom of Information Act to include under exempted
documents any document that contains emergency management plans or
security measure that, if released, would compromise the safety of the
public, personal or public property. It also exempts documents that may
compromise the security of private property.
VILLAGE OF OAK BROOK Minutes Page 12 of 17 February 25, 2003
F1.11.
INFO & UPDATES
VLLGPRES
9. A. SB23 Educational Funding completely changes the way education is funded
in Illinois by property tax. HB1495 Snow Removal bill provides a
municipality and snowplow drivers immunity from prosecution for damages
arising from performance of their assigned duties. The proposed Bicycle
Tort Immunity Act, HB 1248, names bicyclists as intended users of
roadways, the municipality becomes liable, which raises our obligation and
duty and there is no liability insurance available for this.
The DuPage Mayors and Managers Conference initiative includes the hotel
and motel tax use by non -home rule municipalities. President Bushy and
the Itasca Mayor have been promoting this bill.
President Bushy announced that she would be absent from the next regular
Board meeting as she will be attending a FEMA conference. Trustee Korin
is designated as the chair of that meeting.
President Bushy stated she has questions regarding the water billing
solicitation for donations of our July 4`h event which seemed to be a
concurrence reached at the February 24`h Committee -of -the -Whole meeting.
Cost of additional mailing is $420 plus envelopes and $800 in labor. The
Oak Brook Club is not included in the water billing system; does the Board
want to include water customers in our system but outside of the Village
limits ?; Village residents still on wells ?. Following discussion, the Board
decided to set aside that idea. Trustee Savino suggested including the
request for donations for all of our community events in the April Village
newsletter. Trustee Craig suggested contacting the Hotel, Convention and
Visitors Committee for contributions to the fireworks event. Trustee Savino
suggested working on parking to generate revenue.
William Lindeman, 11 Pembroke Lane, commented to the board that if
Melrose Pyrotechnics and R. B. Enterprises do not participate this year they
may not wish to participate in future years. He suggested a full day of
activities for residents on the actual holiday and could the Board discuss this
with staff. He asked the Board to review the history of the hotel, motel tax
and how it was determined the hotels receive the tax revenues. If the Hotel,
Convention and Visitors Committee were informed that the Village played a
large part in making the funds available to the Committee, then maybe they
would reconsider cooperating in participating in the event. The Committee
could be acknowledged as the sponsor of the event. President Bushy gave a
brief history of the inception of the tax, and how State Statute requires non -
home rule communities to use the funds.
VILLAGE OF OAK BROOK Minutes Page 13 of 17 February 25, 2003
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A. Addressing Mr. Lindeman's question regarding the date selection for the
fireworks display, President Bushy explained that many residents travel
during that holiday weekend and that is one reason why it is scheduled on
July 3`d. The Village also gets more fireworks for a given dollar amount by
choosing a date other than July 4`h. The hotel, motel tax is levied according
to State Statute and was requested by the hotels. The spending of tax funds
are limited by law as to how they are to be spent. The funds are used to
market the hotel at a 1% tax compared to surrounding communities that
charge a 5% tax. Since the Village is a non -home rule community, the
funds may only be used as stated in State Statute. The Village is supporting
a bill in Springfield whereby a non -home rule municipality could use a
portion of the funds raised by the tax for public safety purposes rather than
economic purposes. The hotel industry seems to be more in agreement with
this use of the funds collected.
B. VILLAGE MANAGER: No report was given.
DEPARTMENTAL REPORTS: No business
UNFINISHED AND NEW BUSINESS:
VI.LG MGR
DEPT.RPTS
UNFIN & NEW
BUSINESS
A. REVIEW & DISCUSS IDOT 22ND STREET (IL 56 — RT 83) 22 "'ST. WIDNG
WIDENING PROJECT PROJ
IDOT has proposed to completely reconstruct and widen 22 n Street to 6
lanes with a 30 foot wide median between Butterfield Road (IL 56) and
Route 83. It has completed studies and has received Design Approval
for the Project Report. Funding is not included in their 2003 -2007
Program, but the project could be considered as funding becomes
available.
As part of the process, IDOT is asking the Village to sign a Letter of
Intent confirming our concurrence with the scope of work and Village
cost participation. That cost regards the following:
• The traffic signals at 22 "d Street/Marshall Field's Home
Store /Parkview Drive and 22 "d Street /Shops at Oak Brook Place.
The total estimated cost is $489,900. The Village would be
responsible for about $4,600 for Opticom and the remainder
would be the responsibility of Marshall Field's and the Shops.
VILLAGE OF OAK BROOK Minutes
Page 14 of 17 February 25, 2003
11. A.
These signals were built at the request of and at the cost of the
private properties and they must pay any costs associated with
them. Because the installation of Opticom devices is for the
benefit of the relevant public safety departments, that cost is
borne by the Village.
• New sidewalk along 22nd Street in those areas that are within the
Village, which would include both sides between Butterfield and
Midwest Roads and a small length just east of Midwest Road.
This should cost about $66,000 (6,600 linear feet @ $20 /LF x
50% cost by Village). The Village previously informed IDOT
that the Village would welcome and pay for sidewalks (Village
Engineer's letter of 7/24/00).
Trustee Caleel requested that a light be moved from the Marshall Field's
to the Costco entrance for safety concerns. President Bushy explained
that the property for this project is in Oakbrook Terrace. The light at
Marshall Field's entrance must remain as it also serves the office
complex garage exit at that location. Costco is agreeable to be providers
of a signal at MacArthur Drive & 22nd Street and those negotiations are
continuing between Costco and the City of Oakbrook Terrace, since the
intersection in question is within the boundary of Oakbrook Terrace.
Village Engineer Durfey suggested that the motion include a request for
the Costco signal and a draft of the letter will be included in Manager
Crotty's memorandum this weekend for Board approval. Trustee
Miologos also requested including an upgrade of landscaping. Engineer
Durfey explained that could be included in the design phase. He will
include this in the letter also.
Motion by Trustee Caleel, seconded by Trustee Craig, that the Village
Board direct staff to send the appropriate response letter to IDOT upon
final approval by the Village Board and to include a request for
additional median landscaping. VOICE VOTE: Motion carried.
B. DISCUSSION OF CHANGE TO LICENSE FEE STRUCTURE
At the Village Board meeting of February 11, 2003, Trustee Caleel
requested discussion of increasing the Village of Oak Brook's license
fees at the next regular meeting. Trustee Caleel recommended the
following increases in license fees to improve the Village's revenue
stream:
VILLAGE OF OAK BROOK Minutes
Page 15 of 17 February 25, 2003
CHNG LIC FEE
STRUCI
11. B.
• Raffle License fee of $10 to increase to $25
• Scavenger /Solid Waste License fee of $500 to increase to $1,000
• Taxi Cab Registration fee increase from $0 to $25.00
• Tobacco Product License fee of $50.00 increase to $100.00
It was a concurrence of the Village Board to authorize the Village
Attorney to prepare the necessary ordinances to be placed on the Active
Agenda for the March 11, 2003 Village Board meeting.
C. REVIEW OF VILLAGE -WIDE BEAUTIFICATION PROJECT BEAUT PROJ PENS
PLANS AND POSSIBLE AUTHORIZATION TO SEEK BIDS
Last year staff was given direction to have professional landscape
beautification plans prepared for ten (10) locations in the medians along
York Road and Jorie Blvd. Wingren's Landscape Inc. has completed
the plans for review.
Motion by Trustee Miologos, seconded by Trustee Caleel, to table this
until the Board reviews the quarterly financial review to see if the
finances are better. VOICE VOTE: Motion carried.
Public Works Director Meranda requested that any plantings be
postponed to the fourth quarter and have fall plantings then the Board
will have two quarters of finances to review, and if the Board approves,
falling planting could be done.
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: OTHER BUS.
William Lindeman, 11 Pembroke Lane, stated that he previously had brought to
the Village Board his concerns of the safety issue of egress at Costco's site. He
stated Bill Warnock, the attorney representing Costco, explained that they
possessed an easement to use at Marshall Field's and the easement went to the
rear of that store around the back of the store and east side. This provided
stacking room and would not incur a safety hazard. At some point that
easement could be enforced and traffic could be eliminated from using the lane
in front of Marshall Field's. This may make them more cooperative in
arranging another traffic signal. President Bushy explained that Costco is very
cooperative with a signal but that negotiations are continuing with Oakbrook
Terrace.
13. ADJOURN TO CLOSED MEETING: To consider the appointment, ADJRN cLSU MTc
employment, compensation, discipline, performance, or dismissal of specific
employees of the public body.
VILLAGE OF OAK BROOK Minutes Page 16 of 17 February 25, 2003
13. Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn to a closed
meeting at 10:23 p.m. to consider the appointment, employment,
compensation, discipline, performance, or dismissal of specific employees of
the public body. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and
Savino.
Nays: 0 - None
Absent: 0 - None. Motion carried
14. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Aktipis, to adjourn the meeting
at 11:10 p.m. VOICE VOTE: Motion carried.
ATTEST:
� h
mda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 17 of 17 February 25, 2003
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