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Minutes - 04/08/2003 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES OF THE APRIL 8, 2003 CONVASSLNG BOARD FOR THE APRIL 1, 2003 CONSOLIDATED ELECTION The Local Canvassing Board of the Village of Oak Brook, comprised of Village President Karen M. Bushy, Village Clerk Linda K. Gonnella and Village Trustee Alfred P. Savino met on April 8, 2003 at 7:24 p.m. in the Samuel E. Dean Board Room of the Village Commons for the purpose of canvassing the votes cast in the Consolidated Election of April 1. 2003. The local newspapers were notified by mail on April 2, 2003 and said canvass was held in all respects as prescribed by law. It is noted that a senior Trustee is to serve on the Canvassing Board. As prescribed by law, Trustee Savino was chosen to serve as the senior Trustee of the Village Board of the Canvassing Board. The Canvassing Board was in receipt of votes cast in the sixteen (16) precincts with 2,208 votes cast as tabulated by the DuPage Election Commission and the one (1) precinct with 3 votes cast as tabulated by the Cook County Clerk. No other means of verifying the authenticity of votes cast was made available. President Bushy read the vote totals for each of the precincts declaring for Village President: Kevin M. Quinlan received 1,101 votes, George T. Caleel received 1,058; for Village Clerk, Linda K. Gonnella received 1,761 votes and for Village Trustee; John W. Craig received 1, 147 votes, Stelios Aktipis received 1,083 votes, Asif Yusuf received 1,076 votes, Richard Arling received 912 votes, Barbara D. Benezra received 873 votes and Kerry M. Krafthefer received 745 votes. President Bushy read Resolution #2003 -EL -CR -EXI -R -839, "A Resolution Declaring the Results of the General Consolidated Election Held in the Village of Oak Brook on April l; 2003" in its entirety. A copy is attached to the official minutes. Motion by Trustee Savino, seconded by President Bushy, to approve Resolution #2003 - EL -CR -EXI -R -839, "A Resolution Declaring the Results of the Regular Consolidated Election Held in the Village of Oak Brook on April 1, 2003" as presented in which Kevin M. Quinlan was elected to the office of Village President; Linda K. Gonnella was elected to the office of Village Clerk; Stelios Aktipis, John W. Craig and Asif Yusuf were elected to the office of Village Trustee for a full four year term. ROLL CALL VOTE: Ayes: 3 — President Bushy, Trustee Savino and Clerk Gonnella. Nays: 0 —None. Absent: 0 — None. Motion carried. Motion by Trustee Savino, seconded by President Bushy, to approve the execution and certification of the Cook County Abstract of Votes of the April 1, 2003 Consolidated Election as presented. ROLL CALL VOTE: Ayes: 3 — President Bushy, Trustee Savino and Clerk Gonnella. Nays: 0 —None. Absent: 0 — None. Motion carried. Village of Oak Brook Page 1 of 2 April 8, 2003 Minutes of Canvass of Votes The Canvassing Board of the Village of Oak Brook, DuPage and Cook Counties; Illinois proclaimed and declared that George. T. Caleel who received 565 votes, Susan Chase Korin who received 673 votes and Elaine Miologos who received 638 votes were each elected to the office of Village Trustee, for a full four year term. Village Clerk _ Gonnella noted for the record that there are 6,349 registered voters in DuPage County and 6 registered voters in the Cook County portion of the Village of Oak Brook. Motion by Trustee Savino, seconded by Clerk Gonnella, to adjourn the Local Canvassing Board for the April 1, 2003 Consolidated Election at 7:30 p.m. ROLL CALL VOTE.. Ayes: 3 — President Bushy, Trustee Savino and Clerk Gonnella Nays: 0 — None. Absent: 0 — None. Motion carried. Respectfully submitted, tL-- `�o r� n `�-f" C✓ Linda K. Gonnella, CMC Village Clerk Village of Oak Brook Page 2 of 2 April 8, 2003 Minutes of Canvass of Votes RESOLUTION #2003- EL- CR -EXI -R -839 A RESOLUTION DECLARING THE RESULTS OF THE REGULAR CONSOLIDATED ELECTION HELD IN THE VILLAGE OF OAK BROOK ON APRIL 1, 2003 WHEREAS, on April 1, 2003, there was held in and for the Village of Oak Brook, DuPage and Cook Counties, Illinois, an election for the purpose of electing a Village President, Village Clerk and three Village Trustees, each for a full four year term; and WHEREAS, the Illinois Election Code provides in relevant part that the Canvassing Board for a Village shall consist of the Village President, the Village Clerk and one member of the Board of Trustees who has served the longest tenure on the Village Board ( "Canvassing Board "); and WHEREAS, the said election has been regularly called and held as provided by law, and the returns of said election, including the Certificate of Results for the Consolidated Election of April 1, 2003 have been filed with the Village Clerk of the Village of Oak Brook; and WHEREAS, the results of the April 1, 2003 Consolidated Election are now before the Canvassing Board of the Village of Oak Brook for the purpose of canvassing the votes cast at said election and the said Canvassing Board is familiar therewith; NOW, THEREFORE, BE IT RESOLVED, by the Canvassing Board of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: SECTION ONE: That the election held on April 1, 2003 was held in all respects as provided by law. A Notice of said election was duly given by each of the County Clerks of DuPage and Cook by publishing Notices of Election in newspapers of general circulation within the Village of Oak Brook, not more than 30 nor less than 15 days in advance of the date of said election. The Judges appointed by the County Clerks of DuPage and Cook Counties were duly qualified to fill such offices in each of the precincts and were duly sworn to perform their duties before the commencement of said election. The returns of said election have been duly tabulated by the County Clerks of DuPage and Cook Counties, and were filed with the Village of Oak Brook. SECTION TWO: The Canvassing Board of the Village of Oak Brook finds from its canvass of returns of said election that the votes as set forth in the tabulation attached hereto and labeled Exhibit A were cast in each of the precincts hereinafter designated in favor of the persons at said election. SECTION THREE: The Canvassing Board of the Village of Oak Brook finds that the following persons received the number of votes opposite their names for the following office: —ICCJ! IC! jl` t` r� a71C C O!O Q Ir f —I >IUi j -Y:G�I I �NI olr — Ic'"?INjCV - -- O' rf CD I w' T Cj C - IN co 7 c� N _ n N ` O ; L7 co CO r-- c � z ;c rl nl U M! D r� L•i O t[7 - Cc f O � '�, CN CC) I O <` ' t` G7 • = c N L LJ -� 4-• LL N CD C7 N Lo O 1 r 'co c o v co v Lrn tc O �i Ic'o vI � IvN�`c H c w U '� O W °� a Z 3 cUi ro! jc1�l IcOa �I�ILJ No m CD C� NT7 ro_ o c�3 'n :4 H L LU CO I CO LL cn 00 `� c 7 c� I c� N Cl) i r� I cn LLJ c _ _ j I � i i i a-, a � -� -x ,x ;� � ^ o •� �, � o U � � b E^ � �, C ill oic' I co I r` I j LO LO L`'r> c"o cn 0 U) 00 o N rn co i�tl O o co cc CID) o;✓ c H W o Qc.0 I N' v cc Lr, ti co N IN N :. o° o o o ._ -?.� c O N L O c L V CD M 1 C C•`J C'"J I N I In I lL7 C!] Cn ✓' �� '. y _ '�.�' O -C cn x C > t Z N Ln 1,— N N O 1 c) ,N_, cu ri y CC I ,vj (n ' 1-2 U � ✓7I v71� I_rn ,; ca ,Z.. I I� O �ILI —I C Q UI �I JI ICI �L�QI� mQ -� scu J O C L )( FOR THE OFFICE OF VILLAGE PRESIDENT FOR A FOUR YEAR TERM: Kevin M. Quinlan 1,101 George T. Caleel 1,058 FOR THE OFFICE OF VILLAGE CLERK FOR A FOUR YEAR TERM: Linda K. Gonnella 1,761 FOR THE OFFICE OF VILLAGE TRUSTEE FOR A FOUR YEAR TERM: John W. Craig 1,147 Stelios Aktipis 1,083 Asif Yusuf 1,076 Richard Arling 912 Barbara D. Benezra 873 Kerry M. Krafthefer 745 SECTION FOUR: Therefore, this Canvassing Board of the Village of Oak Brook, DuPage and Cook Counties, Illinois, hereby proclaims and declares: Kevin M. Quinlan to be elected to the office of Village President, Linda K. Gonnella to be elected to the office of Village Clerk, John W. Craig, Stelios Aktipis and Asif Yusuf to be elected to the office of Village Trustee each for a full four year term. SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and effect upon passage and approval. ROLL CALL VOTE: AYES: President Bushy, Trustee Savino and Clerk Gonnella. NAYS: None. PASSED THIS 8TH DAY OF APRIL, 2003 APPROVED THIS 8TH DAY OF APRIL, 2003 ;'It, r i i , sic tai M.,BUSIJY, VILL PRESIDENT ALFRE P. SAVIIvO, VILLAGE TRUSTEE fNDA K. GONNELLA, VILLAGE CLERK ATTEST: RICHARD A. MARTENS, VILLAGE ATTORNEY CERTIFICATION ify that I am the Village Clerk of the Village of I, the undersigned, do hereby cert Oak Brook, DuPage and Cook Counties, Illinois, and that the foregoing is a true, complete and exact copy of Resolution #2003- EL- CR -EXl -R -839, enacted on April 8, 2003 and approved on April 8, 2003 as the same appears from the official records of the Village of Oak Brook. LINDA K. GONNELLA, VILLAGE CLERK MINUTES OF THE APRIL 8, 2003 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 13, 2003. 1. 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 7:38 p.m. The Pledge of Allegiance was given. 2. 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: Richard B. Boehm, Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., 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 and Bonnie Sartore, Bath & Tennis Club Manager. 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE President Bushy welcomed the new Village Manager Richard Boehm. Manager Boehm thanked the Village Board for the confidence in appointing him as Village Manager. 4. APPROVAL OF MINUTES: None. MINUTES 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. Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Consent Agenda as presented. 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 L� Page 1 of 14 April 8, 2003 5. A. APPROVAL OF BILLS - $233,295.22 APV BLS- $233,295.22 D 7 E Significant items included above: 1) J & R Asphalt — Payout #3 - $ 7,600.40 - Municipal Complex - Paving Project 2) Comcast - $10,660.46 — Sports Core /Westchester Park Subdivision B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING MARCH 29 2003 - $592,957.85 C. CHANGE ORDERS: None D. REFERRALS: None E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS: None ITEMS REMOVED FROM CONSENT AGENDA: None. BOARD & COMMISSION RECOMMENDATIONS: APVPYRL- $592,957.85 RMVD C AGNDA BD /COMM RECOM A. REMOVE FROM THE TABLE — COVINGTON COURT COMMUNITY COVINGTN CT ASSOCIATION — VACATION OF BICYCLE PATH EASEMENT ASSOC -VAC OF REQUEST FOR WITHDRAWAL OF PETITION — BCYCL PATH EASE. Motion by Trustee Savino, seconded by Trustee Caleel, to remove from the table the recommendation relative to the Covington Court Community Association — Vacation of Bicycle Path Easement. VOICE VOTE: Motion carried. The Covington Court Community Association has withdrawn its request to vacate /relocate a portion of the bicycle easement running along lots 21 -25. It is their intention in the future, to apply for a permit to install a fence in accordance with Village Code. No further action is required. ACTIVE AGENDA Items for Final Action): A. CONFIRMATION OF APPOINTMENTS: None B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2003 -BU -EX 1 -S -1034 "AN ORDINANCE AUTHORIZING TRANSFERS AMONG BUDGET LINE ITEMS" VILLAGE OF OAK BROOK Minutes Page 2 of 14 April 8, 2003 ACTIVE AGENDA ORD /RES ORD 03- BU- EXI -S- I034 - AU H TRNSFRS AMNG BUDC LN ITEMS 8. B. 1) During the course of a year, there are numerous situations that may arise that cause an account, program, or even a fund to exceed its budget. When this occurs, State statutes provide that the corporate authorities may make transfers from "one corporate object or purpose to another corporate object or purpose ". Additionally, statutes provide that the corporate authorities may delegate authority to heads of municipal departments to "delete, add to, change, or create sub - classes within object classes budgeted previously to the department with the approval of the budget officer or executive officer of the municipality ". In consultation with the Village Attorney, staff has defined a corporate object or purpose to be an individual program or fund. Sub - classes within object classes have been defined as accounts and categories within a budget program. The Village Board's policy on Finance, Taxation, and Budget, prepared based on the previously mentioned statutes, outlines the following procedures for budget administration and how these variances are to be addressed: 1. That the Budget Officer, with the approval of the Village Manager, may authorize transfers of budgeted funds between accounts or between account categories within a single budget program. 2. That any transfer of budgeted funds from one budget program another shall be subject to approval by the Board of Trustees upon the recommendation of the Village Manager. 3. That any transfer from contingency shall be subject to approval by the Board of Trustees upon the recommendation of the Village Manager. 4. That any increase in the total appropriation within any fund shall be subject to approval by the Board of Trustees upon the recommendation of the Village Manager. The following is a brief explanation of the causes of some of the more material budget transfers: Program 121 - Legal: This variance is due primarily to the cost of outside legal services. Program 181- Community Events: For budget purposes, the amount budgeted for Autumn Fest is set at $20,000, which is based "net" of revenues received. VILLAGE OF OAK BROOK Minutes Page 3 of 14 April 8, 2003 L6 8. B. 1) For accounting purposes, we are required to "gross up" the expenses and record the revenue in a separate revenue account with no budget amount. In 2002 expenses for the event were $27,366, which caused this program to go over budget. Revenues from the event were $15,709. Thus, on a "net" basis, the event more than met its financial target. Program 425 - Library Building Project: The funding of this project comes from the General Corporate Fund, the Library operating budget, and the Library Foundation. For budget purposes, the General Corporate Fund share is budgeted "net" of the donations expected from the Library Foundation (there is no budgeted revenue amount for "donations "). Due to the shortfall in the Library Foundation's fundraising goal, the General Corporate Fund's share will be increased; thus, this program exceeded budget in 2002. Program 426 - Municipal Complex Project: During 2002, this program exceeded its budget by $1,220,609. There are two primary causes of this variance. First, payments on the project occurred faster than was budgeted. As the 2002 budget for this project (not the total project budget, which spans three fiscal years) was set in the fall of 2001, forecasting the exact timing of the payments is very difficult. Second, as required under generally accepted accounting principles, accounting recognition of the full amount of contract retainage on the project, approximately $539,000 as of 12/31/2002, is required even though the funds have not been disbursed. Both of these causes are strictly timing related. To date, the entire project budget has been increased approximately $200,000 to $9.9 million. The variances in programs 425- Library Building Project and 426 - Municipal Complex Project caused the General Corporate Fund to exceed its total budget by approximately $430,000. Staff was able to solve the variance in program 425- Library Building Project solely by transferring from other line items in other programs. However, there are not enough funds in the remaining line items in other programs to completely offset the variance in program 426 - Municpal Complex. Thus, the variance in this program must be addressed by a combination of line item transfers as well as an increase in total appropriation for the Fund. After all other transfers were completed, it is recommended that the remaining General Corporate Fund accounts with unexpended balances over $5,000 be transferred to program 426 - Municipal Complex Project. VILLAGE OF OAK BROOK Minutes Page 4 of 14 April 8, 2003 8. B. 1) This involves transferring $620,000 from 44 different general ledger accounts. Staff recommends a $5,000 threshold since a lower amount would result in over 100 more transfers and at the end an increase in total Fund appropriation will still be required. Once these transfers are completed, $600,700 additionally is required in order for this program to be in compliance with the Board's budget administration policy. It is recommended that this be done by an increase of $600,700 in the total Fund appropriation. Program 621 - Police Field Services_ This variance is due to a staff allocation issue between Police Department programs. For the entire Police Department, full -time salaries were under budget by approximately $41,000. Program 700 -Fire and EMS General Salaries The overtime variance is due to several extended sick leave and worker's compensation cases requiring overtime to meet staffing levels. Fire Pension is over budget due to the actual contribution of 19.6% of salary exceeding the budgeted amount of 18.0 %. This variance is due to an extensive street light repair project on 22 Street authorized by the Village Board that was not budgeted. Due to variances in Program 425- Library Building Project and Program 426 - Municpal Complex Project, it is recommended that the total appropriation for the General Corporate Fund be increased by $600,700. This amount is $170,011 more than the amount the General Corporate Fund was actually over budget. This variance of $170,011 is found in the unexpended balances of well over 100 line items below the $5,000 threshold noted under Program 426. Since an increase in the total appropriation would still be required under any scenario, the higher amount is recommended in order to avoid the confusion and administration of over 100 additional transfers. It should be noted that if you eliminate the negative variances in the building programs, the remainder of the General Corporate Fund (commonly referred to as the "operating budget ") was under budget by $1.1 million. It is recommended that the total appropriation for the Garage Fund be increased by $37,915 due to several significant repairs of Fire Department equipment and apparatus that were not budgeted. VILLAGE OF OAK BROOK Minutes A, Page 5 of 14 April 8, 2003 8• B. 1) The total appropriation for the Police Pension Fund is to be increased by $96,915. The primary cause of the increase is that a nine -year police officer left Village employment and took a position with another police department. As allowed under State statutes, he elected to transfer his service credit to the new department. This requires transfer of the accumulated contributions of the officer, interest on the contributions (a normal refund does not include interest), and the required Village matching of both the contributions and interest. The service credit transfer is rare (this was the first for Oak Brook) since there is usually a significant actuarial shortfall that the transferring officer is required to pay. For this reason we do not budget for these potential events and instead would adjust the budget accordingly if one was to occur. Trustee Korin inquired of the $84,675 cost in overtime in the Fire Department. Chief Jarvis explained that two employees have been off of work for an extended period of time and staff has had to cover their hours. Trustee Korin asked if contract paramedics could be used to lessen the cost of overtime. Manager Boehm stated that staff will review this further as the Village is in contract negotiations with the firefighters at this time. Motion by Trustee Caleel, seconded by Trustee Korin, that the Village Board approve Ordinance 2003 -BU -EX 1 -5 -1034, "An Ordinance Authorizing Transfers Among Budget Line Items" authorizing transfers among budget line items for the year ended December 31, 2002. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) RESOLUTION 2003 -TX- PRPTY -EXP -R -840 "A RESOLUTION RES 03- TX- PRPTV- AUTHORIZING THE SALE OF SURPLUS PUBLIC REAL ESTATE EXP -R -840, RUTH LOTS 1 & 2 OF THE SPORTS CORE /WESTCHESTER PARK SL - PUB R.E. (Lc & 2 SPTS SUBDIVISION)" CR/WSTCHSTR PK SUB) The Resolution declares Lots 1 and 2 in the Sports Core/Westchester Park Subdivision as surplus public real estate. This Resolution provides that the Village will receive sealed offers to purchase each of these lots at not less than the appraised value, which is $660,000.00 for Lot 1 and $560,000.00 for Lot 2. VILLAGE OF OAK BROOK Minutes Page 6 of 14 ...._..... April 8, 2003 8. B. 2) Offers to enter into a real estate sale contract are due by 5:00 p.m. on Wednesday, June 25, 2003. Staff anticipates preparing a "Profile Sheet" for each of these lots and circulating the Profile Sheets among local realtors. At last month's opening, the highest offers to purchase Lot 3 were submitted by realtors. Cooperating realtors receive a commission in the amount of 2.5 %. In this way, staff hopes to improve the marketability of these two remaining lots. The corporate authorities by a two- thirds (2/3) vote may accept any offer embodied in a real estate sale contract which is determined by them to meet the appraised value of the subject property and to be in the best interests of the Village. State statute provides that the corporate authorities may accept an offer which is eighty percent (80 %) of the appraised value; pursuant to the Village Board's direction. Trustee Korin questioned the 2.5% to the real estate broker. The Board then discussed accepting a bid less than the appraised value of the property. The Village Attorney stated the Board could remove the realtor's commission. After discussion, the Board concurred with the recommendation as presented and to accept bids at the appraised value of the property. Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village Board approve Resolution 2003 -TX- PRPTY -EXP -R -840, "A Resolution Authorizing the Sale of Surplus Public Real Estate (Lots I & 2 of the Sports Core /Westchester Park Subdivision)." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 3 RESOLUTION 2003 -FI- FACS -SA -R -841, "A BANKING RES03-FI- FACS -SA- R -841 - A BNKNG RESOLUTION" — AUTHORIZED SIGNATURES RES. Due to the appointment of Richard Boehm as Village Manager, it is necessary to update the banking resolution with American National Bank. The primary purpose of this document is to name the persons authorized to transact Village banking business, which primarily consists of check signing and wire transfers. All of the existing controls remain in place, only that Michael Crotty has been replaced by Richard Boehm. VILLAGE OF OAK BROOK Minutes Page 7 of 14 April 8, 2003 8. B. 3) Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village Board approve Resolution 2003- FI- FACS -SA -R -841, "A Banking Resolution" Authorizing Signatures. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 4) ORDINANCE 2003- 1,C -AL -G -717 "AN ORDINANCE AMENDING ORD 03- LC -AL -G- TITLE 4 CHAPTER 1 SECTION 8A OF THE VILLAGE CODE /1'' AMND TTL a, OF THE VILLAGE OF OAK BROOK OF ILLINOIS RELATIVE TO THE LQ SE 8A - NUMBER OF At LIQUOR LICENSES" OF LI Dixon's Inc. has made application to the Village for a Class A -1 liquor license for their new restaurant, Dixon's, located at 1600 West 16`h Street, Suite T -9. All documentation requirements have been fulfilled and approved by Village Attorney Martens. A criminal background check is being processed at this time. Their General Manager, John Dixon, has also completed the BASSET training. Motion by Trustee Savino, seconded by Trustee Caleel, that the Village Board approve Ordinance 2003- LC -AL -G -717, "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. 5) RESOLUTION 2003 -DWC -R -842 "A RESOLUTION AFFIRMING RES 03- DWC THE PRINCIPLES OF THE WATER COMMISSION -R -842 AFRM PR'NCPLS ACT OF 1985 AND THE WATER PURCHASE AND SALES OF COMM ACT CONTRACT OF JUNE 11, 1986" OF 1 OF 1985 & PURCH CNTRC TRCT 1986 The resolution was prepared in response to recent issues and discussions before the DuPage Water Commission (DWC) apparently aimed at changing the terms of the Charter Customer Contract and amending the statute that governs the DWC. The Charter Customers are very concerned with these developments, and each has been asked to adopt a resolution indicating its strong interest in maintaining the integrity of the Charter Customer Contract and the Water Commission Act. Some of the concerns that have been incorporated into the resolution include: VILLAGE OF OAK BROOK Minutes N, Page 8 of 14 April 8, 2003 8. B. 5) • The possible elimination of the sales tax on water, approved by the voters of DuPage County to provide financial resources for the Water Commission. The net effect will be significantly higher water rates. • A proposal to serve municipalities that are excluded from the existing DuPage Water Commission service territory, with no reimbursement from these municipalities for their share of the system's fixed costs. • A proposal to serve municipalities that are excluded from the existing DuPage Water Commission service territory despite substantial evidence that the DWC may not have capacity sufficient to supply the future needs of the Charter Customers. • The consideration of impact fees on new housing projects within the customers' corporate boundaries. The implementation of such a financing arrangement would require an amendment to the Charter Customer contract. Motion by Trustee Caleel, seconded by Trustee Savino, that the Village Board adopt Resolution 2003 -DWC -R -842, "A Resolution Affirming The Principles of the Water Commission Act Of 1985 and the Water Purchase and Sales Contract of June 11, 1986." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. C. AWARD OF CONTRACTS: AWARD CT 1) ANNUAL PURCHASE OF WATER METERS ANN PURCH of WTR MTRS The Oak Brook Public Works Department is in the final phase of a multi -year program for the replacement of water meters. Residential and commercial meters are gradually being replaced. Nearly 4,000 have been replaced since 1996, the first year of the program, leaving approximately 1,400 to complete the program. Many of the meters will be replaced in -house but the vast majority will be replaced by the AMR (automatic meter reading) contractor, Water Resources, as they install the automatic meter reading devices. As part of that contract, the Village is responsible for supplying the water meters. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board waive bidding due to sole source, and authorize the issuance of purchase orders to National Waterworks (formally U.S. Filter), 220 South Westgate Drive, Carol Stream, IL 60188 for water meters and accessories, based on negotiated unit prices for an estimated non -to- exceed amount of $80,000 for the 2003 year. VILLAGE OF OAK BROOK Minutes Page 9 of 14 April 8, 2003 8. C. 1) ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) WATER SYSTEM VULNERABILITY ASSESSMENT & WTR SYS EMERGENCY OPERATING PLAN vuLNBL I Y ASSESS & EOP On June 12, 2002, President Bush signed the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 into law. The Bioterrorism Preparedness and Response Act requires every community water system serving a population of greater than 3,300 persons to (1) conduct a vulnerability assessment (VA); (2) certify and submit a copy of the assessment to the Administrator of the US Environmental Protection Agency (EPA); and (3) prepare or revise an emergency response or operating plan (EOP) that incorporates the results of the VA and certify to the EPA Administrator that the system has completed such a plan within 6 months of completing the VA. The VA must assess the system's vulnerability to a terrorist attack or other intentional act(s) intended to substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water. This is an unfunded mandate requirement and not inexpensive. In the spirit of municipal cooperation, the Village was approached by the Village of Villa Park to see if the Village of Oak Brook would be receptive in participating with them, the City of Elmhurst, and the Village of Addison in identifying a means (objective) wherein the Village would have the VA's and EOP's completed in some form of cooperative effort with the intent of keeping overall cost to a minimum. As a result, staff met with representatives of the aforementioned municipalities and listened to a presentation by Burns & McDonnell, a full service civil engineering firm based in Oak Brook. Burns & McDonnell's presentation detailed how the VA and EOP process could be undertaken and completed and save each community approximately $7,500 in the process. President Bushy commended Public Works Director Meranda for his efforts in presenting this project. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board (1) waive the qualifications -based selection (QBS) procedure and (2) authorize, subject to staff review, execution of an agreement with Burns & McDonnell Engineering Co. Inc. of Oak Brook in the amount of $31,296.00 to conduct a water system vulnerability assessment and to produce a water system emergency operating plan. VILLAGE OF OAK BROOK Minutes Page 10 of 14 April 8, 2003 l� g. C. 2) ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 3) REPLACEMENT VEHICLE — STATE OF ILLINOIS JOINT RPLC FIRE UNIT 913 PURCHASING - FIRE UNIT 913 Pursuant to the provisions of Section 1 -7 -10 of the Village Code and Compiled Statutes, the Village is permitted to join with other governmental units in order to benefit from cooperative purchasing arrangements. The vehicle (Unit 913) is a multi - purpose vehicle that is used daily for hauling fire hose and equipment between stations, picking up equipment at the hospitals, delivering equipment for repair, transporting training equipment to offsite training venues, towing the boat to training sessions, etc. Motion by Trustee Caleel, seconded by Trustee Savino, that the Village Board waive further bidding since the State of Illinois already conducted the bid process and award a purchase order to Morrow Brothers Ford Inc., RR 2 Box 120, Greenfield, Illinois 62044 -9626 for one 2003 Ford F -250 Pick -up Truck in the amount of $20,751.00. Trustee Korin asked that this expense be deferred until the middle of the year when the Board reviews the Village's revenues. Fire Chief Jarvis explained that the Village would then miss the State of Illinois bid process and most dealers will not bid for one vehicle. She stated it would have to be deferred until next year when it has already been deferred for two years. The vehicle is also used as an emergency response vehicle. Trustee Miologos also concurred with deferring the purchase of this vehicle. Trustee Craig agreed and stated that a dealer would be available to bid on this vehicle at a later time ROLL CALL VOTE: Ayes: 2 - Trustees Aktipis and Savino. Nays: 4 - Trustees Caleel, Craig, Korin and Miologos. Absent: 0 - None. Motion failed. 4) REMOVE FROM THE TABLE — PARKING & SECURITY — PKG & SECURITY - INDEPENDENCE DAY CELEBRATION [ND DAY CEI,EB. Motion by Trustee Craig, seconded by Trustee Korin, that the Village Board remove from the table the discussion of Parking and Security for the Independence Day Celebration. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 11 of 14 April 8, 2003 C4�_ 8. C. 4) At its regular Board Meeting on March 25, 2003, the Village Board tabled this item after discussing the logistics and additional costs involved with the incorporation of a parking fee component. It appeared that there was a consensus to forego charging for parking, and to pursue other opportunities for off - setting the cost of the event (e.g. accessing the hotel /motel tax fund, seeking sponsorships, etc.). As the discussion concerning alternative funding sources continues, staff is recommending that the Village Board enter into an agreement with RB Enterprises at this time for parking services based on its original proposal. The action would formally engage RB Enterprises to perform these companion services on the date(s) required for Oak Brook's event. If changes to the agreement become necessary based on the decisions of the Board concerning alternative funding sources, the agreement could be subsequently amended. Trustee Miologos asked whether the contract included concession services and whether the commission to the Village had been renegotiated. Bath and Tennis Manager Sartore responded that it did include concessions and that RB Enterprises had agreed to increase the Village's commission to 20% from 10 %. Motion by Trustee Craig, seconded by Trustee Korin, that the Village Board enter into an agreement with RB Enterprises in the amount of $20,830, for parking services and concession services in conjunction with the 2003 Independence Day celebration. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 -None. Absent:0 - None. Motion carried. 5) IBM SQL DATABASE SERVER Two sealed bids were opened on Wednesday, April 2, 2003. The lowest responsive and responsible bid was submitted by Daly Computers in the amount of $12,118. In addition to this hardware cost staff will also purchase various system software from a different vendor totaling $5,700, for a total project cost of $17,818 (under the $19,000 project budget). Purchase of this IBM SQL (structured query language) database server is a high priority. VILLAGE OF OAK BROOK Minutes Page 12 of 14 April 8, 2003 L� IBM SQL DTBS SERVER 0 10 C. 5) In addition to being a central repository for most Village databases, a SQL server is needed to run various software including SMS — Systems Management Server (for monitoring software licenses, software usage, preventing installation of any unauthorized software, improved network management and discovery-based software inventory), and MOM — Microsoft Operations Manager (will inventory existing hardware and software, monitor hardware system and application performance, issue alerts to support staff, and automate the deployment of software patches to all PC's). Motion by Trustee Korin, seconded by Trustee Caleel, that the Village Board award a contract to the lowest responsive and responsible bidder Daly Computers, 22521 Gateway Center Drive, Clarksburg, MD 20871 for one IBM SQL Database Server at a lump sum price of $12,118. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent:0 - None. Motion carried. INFORMATION & UPDATES: A. VILLAGE PRESIDENT: President Bushy announced that the DuPage Professional Firefighters from South St. Louis, Illinois are soliciting residents for donations, representing that the monies will be used in the Village. While, in fact, the funds they raise go to their union efforts in Springfield, and is used mostly to lobby against the villages who employ them. Please contact the Village at 990 -3000 for any questions regarding any solicitations for donations. B. VILLAGE MANAGER: None. 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 Reports were accepted as presented. VILLAGE OF OAK BROOK Minutes Page 13 of 14 Trustee Savino Trustee Aktipis Trustee Korin Trustee Miologos Trustee Craig Clerk Gonnella April 8, 2003 INFO & UPDATES VLLG PRES VLLG MGR DEPT. REPORTS 11. UNFINISHED AND NEW BUSINESS: None. UNFIN & NEW BUSINESS 12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. OTHER BUS. 13. ADJOURN TO CLOSED MEETING— To consider litigation, when an action ADJRN - cLSD MTc against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal. Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn to a closed meeting at 9:24 p.m. 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. ROLL CALL VOTE: Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 — None. Absent: 0 — None. 14. ADJOURNMENT: ADJRN Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at 10:45 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 14 of 14 April 8, 2003