Minutes - 05/22/2007 - Board of TrusteesMINUTES OF THE MAY 225 2007 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON JUNE 26, 2007.
1. CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by President
Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m.
The Pledge of Allegiance was given.
2. ROLL CALL
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy,
Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: None.
IN ATTENDANCE: Jeffrey P. Moline, Acting Village Manager; James Bodony, Fire
Chief, Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of
Information Services & Purchasing; Darrell J. Langlois, Finance Director;
Margaret Klinkow Hartmann, Library Director; Michael J. Meranda, Public
Works Director; Nelson Patras, Bath & Tennis Club Operations Manager;
Thomas Sheahan, Chief of Police; Jason Cates, Police Lieutenant; Mark
Sterk, Acting Village Attorney and Patricia Horne, Special Advisor to the
Village President.
3. PRESIDENT'S OPENING COMMENTS
President Craig complimented the Board on their willingness to work together, put aside
differences to find a common ground.
President Craig reported on several water issues indicating that Oak Brook received a
share of DuPage Water Commission excess funds in the amount of $1.9 million. The
Water Commission also reduced the target water rate approximately twenty cents per
thousand gallons. In addition the Village is in negotiations to sell a portion of Oak
Brook's water system that is located in unincorporated Elmhurst for $350,000.
He also reported on a meeting with a representative of Oakbrook Center regarding the
partnership between the Center and the Village. He added that they had complimented
the efforts of our Police Department and discussed a new grant agreement that allows the
Village access to $50,000 in state Buffer Zone Protection funds from the Illinois
Emergency Management Agency to help underwrite the Village's public safety work.
VILLAGE OF OAK BROOK Minutes Page 1 of 16 MAY 22, 2007
0
5.
31
RESIDENT /VISITOR COMMENT
Resident Robin Zahran addressed the Board regarding literature distributed during the
election. He asked the Board to investigate the literature which appeared to be racist, hate
mail. He also encouraged the Board to work together amicably.
Resident Apparao Devata addressed the Board regarding a neglected piece of Village
property behind 3005 Coolidge Street. She reported that leaves collected in the drainage
area and excess rainwater collected in their yard. They were asking for remediation on
this issue.
APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of May 8, 2007
Motion by Trustee Sanford, seconded by Trustee Kennedy, to approve the Minutes of
the May 8, 2007 Regular Board of Trustees Meeting as presented. VOICE VOTE:
Motion carried.
CONSENT AGENDA
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion.
A. Accounts Payable for Period Ending May 18, 2007, 2007 - $853,368.95
Significant Items included in Above:
1) DuPage Water Commission - 125,538.25
2) Central Blacktop Co. - Payout #4 & Final - 2005 Paving Project - $89,036.77
3) Kubiesa, Spiroff, Gosselar & Acker, P.C. Legal Services for April - $45,947.23
B. Approval of Payroll for Pay Period Ending May 5, 2007 - $683,21.58
C. Community Development Referrals
1) Hu - 11 Dover - Variation - Setback
2) Village of Oak Brook - Text Amendments to the Zoning Ordinance - Rear Yard
Setbacks Along Streets
D. Authorization to Seek Bids or Proposals or Negotiate Contracts:
1) Alarm Board System Monitoring
E. Budget Adjustments
1) Engineering Services - Drainage Improvement
F. Resolution 2007- 978, A Corporate Authorization Resolution
H. Ordinance 2007- ZO -V -S -1195 - An Ordinance Granting A Variation From The
Provisions Of Section 13- 11 -7a -5 Of Title 13 (Zoning Regulations) Of The Village
Code Of The Village Of Oak Brook Relative To Ground Signs In Retail /Commercial
Developments Containing Less Than Three (3) Acres - (InSite Oak Brook Limited
Partnership, 1603 16th Street, Oak Brook, Illinois 60523,) PIN'S 06 -22 -409 -003 And
06 -22- 409 -013.
VILLAGE OF OAK BROOK Minutes Page 2 of 16 MAY 2212007
W
7.
I. Ordinance 2007- Zo -V -S -1194 - An Ordinance Granting Certain Variations From The
Provisions Of Section 13 -12 -3h And Section 13- 12 -4b2 Of Title 13 (Zoning
Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Yard
Requirements For Off - Street Parking Spaces And Required Peripheral Permanent
Screening Adjacent To Parking Areas In A Rear Yard, And Relative To Required
Peripheral Permanent Screening Adjacent To Parking Areas In A Side Yard - (Oak
Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010
Swift Drive, Oak Brook, Illinois 60523, P.I.N. 06 -24- 402 -020, 06 -24- 402 -025)
J. Ordinance 2007- TC- HA -PK -G -836 - An Ordinance Amending Section 7 -1 -1320
( "Parking Fines ") Of Chapter 1 ( "Traffic Code ") Of Title 7 ( "Motor Vehicles And
Traffic "), And Exhibit C ( "Sign Requiring "$100- Fine ", Illinois Standard R7 -1101 ")
Of Division D ( "Dimensions, Marking And Signage Of Accessible Parking Spaces ")
Of Section 13 -11 -13 ( "Signs For Handicapped Parking ") Of Chapter 11 ( "Sign
Regulations ") Of Title 13 ( "Zoning Regulations ") Of The Village Code Of The
Village Of Oak Brook With Respect To Minimum Parking Fines For Violation Of
Regulations Governing Parking Spaces For Persons With Disabilities
K. Ordinance 2007 -PP -S -1193 - An Ordinance Authorizing The Sale By Public Auction
Of Personal Property Owned by the Village Of Oak Brook - DuPage Mayors and
Managers Conference Auction
L. Ordinance 2007 -PP -S -1196 - An Ordinance Authorizing The Sale, Donation Or
Disposal Of Certain Items Of Personal Property Owned By The Village Of Oak
Brook
M. Resolution 2007- BD- CL- REC -D -R -977 - A Resolution Authorizing the Destruction
of Audio Recordings of Closed Meetings
N. Extension of Perspectives Agreement - Employee Assistance Program
O. DuPage Mayors and Managers Conference Dues and Annual Assessment
P. Treasurer's Report - April, 2007
Q. Equipment Changeover of Police Vehicles
Trustee Manofsky asked to have item 6.G. Ordinance 2007- ZO -TA -G -835 be removed
for further discussion.
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent
Agenda and authorize expenditures as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ITEMS REMOVED FROM CONSENT AGENDA
6. G. Ordinance 2007- ZO -TA -G -835 - An Ordinance Amending Article A Of Chapter 7
(Business Districts) Of Title 13 (Zoning Regulations) Of The Village Code Of The
Village Of Oak Brook To Add A Permitted Use For Banks And Financial Institutions
In Section 13 -7a -1 And A Special Use For Drive -In Banking Facilities In Section 13-
7a-2
VILLAGE OF OAK BROOK Minutes Page 3 of 16 MAY 22, 2007
7. 6. G. Trustee Manofsky asked to continue this item because there were too many issues
that were not being addressed because there was no specific buyer or tenant for the
property. She felt that the property was inappropriate for a bank with a drive -thru
facility because of the homes surrounding the property and the concern of the Mayor
of Oak Brook Terrace.
Trustees Kennedy and Saiyed reiterated that the process would be a two step process
and that this particular ordinance just changed the text of the code to include banking
as a permitted use for that particular district. In order to have a drive -thru facility
the petitioner would have to go through the special use process.
Shelly Hurta, Attorney for InSite Oak Brook, Limited Partnership who is the
petitioner for this issue attempted to address Trustee Manofsky's concerns. She
reported that there was currently a tenant for the property who would be submitting a
conditional use application in the near future.
Discussion ensued on the process that brought these issues to the Board and again it
was noted that this does not give permission for any specific facility. Concern was
expressed that by including this usage in this district, future petitioners might have
expectations that the Board might not be willing to approve.
Motion by Trustee Sanford, seconded by Trustee Kennedy, to continue Ordinance
2007- ZO -TA -G -835 - An Ordinance Amending Article A Of Chapter 7 (Business
Districts) Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of
Oak Brook To Add A Permitted Use For Banks and Financial Institutions In Section
13 -7a -1 And A Special Use For Drive -In Banking Facilities In Section 13 -7a -2.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. BOARD & COMMISSION RECOMMENDATIONS - None presented.
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION R -979, A RESOLUTION CREATING THE TEMPORARY
POST OF SPECIAL ADVISOR TO THE VILLAGE PRESIDENT FOR THE
VILLAGE OF OAK BROOK, ILLINOIS
VILLAGE OF OAK BROOK Minutes Page 4 of 16 MAY 229 2007
9. B. 1) As directed at the Special Village Board meeting of May 15, 2007, Trustees
Wolin and Saiyed met with Patricia Horne and Jeff Moline to review a draft
resolution creating the temporary post of "Special Advisor to the Village
President." The Resolution was revised and then forwarded to Mark Sterk,
Acting Village Attorney for review and revision on Friday, May 18, 2007. A
copy of the revised draft was provided in the Manager's Memorandum of May
185 2007 for the Village Board to review and consider with comments directed to
Mark Sterk, Acting Village Attorney.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, for passage of
Resolution 2007- BOT -PL -R -979, a Resolution Creating and Appointing the
Temporary Post of Special Advisor to the Village President., ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) WESTDALE GARDENS WATER MAIN REPLACEMENT PROJECT
Four sealed bids were opened on Monday, April 30, 2007. Bid Packages were
picked up by twelve companies. One late bid was returned unopened. James
Benes and Associates (the Village's consulting engineer) recommended that the
Village award the contract to the low bidder, Trine Construction Corp. The bid
submitted by Trine Construction Corp.in the amount of $950,300 is 8.2% higher
than the Engineer's estimate of $878,037 due to higher costs for copper tubing,
ductile iron, bituminous mix and disposing of spoil dirt. Work to be performed
consists of replacing all existing water main in the Westdale Gardens
Subdivision.
Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village
Board award a contract to the lowest responsive and responsible bidder, Trine
Construction Corp., West Chicago, Illinois, subject to staff review, for the 2007
Westdale Gardens Water Main Replacement Project based on the unit prices
listed on the bid tabulation, for an estimated total contract price of $950,300.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. APPROVAL OF 2007 INDEPENDENCE DAY CELEBRATION
The Village of Oak Brook has long held an Independence Day Celebration that includes
VILLAGE OF OAK BROOK Minutes Page 5 of 16 MAY 225 2007
a
D. a Barbeque at the Oak Brook Clubhouse followed by picnicking and a beautiful
fireworks display over the Oak Brook Polo field. Although this event has not been
budgeted for 2007, the Village board did charge a Committee lead by Trustee
Manofsky to look for options to fund the event and solicit for donations. As such,
the Committee looked into various funding options including a combined effort of
donations, user fees through spectator parking fees, and transfer in General Fund to
bridge any remaining gap.
The Committee has succeeded in securing pledges in the amount of $45,000.00
toward the total estimated event cost of $70,000.00, with only $25,000.00 to be
funded. Sponsorship agreements, as well as an indemnification agreement, have
been drafted for the event sponsors. The following is an overview of the estimated
budget for the July 3, 2007 — Independence Day Celebration along with an overview
of funding proposal.
2007 Independence Day Celebration Budget
Estimates based on prior year costs
Pyrotechnics
Melrose Pyrotechnics - $35,000.00
RB Enterprises
Set -up Personnel; Parking and Traffic Personnel
Tear Down and Clean -up Personnel;
Safety Equipment, Barricades, Generators, Lighting and Light
Towers, etc. $23,000.00*
Dumpsters $200.00
Porto -lets $300.00
DJ, Sound System, Stage $3,000.00
DuPage County Public Safety Officers $4,000.00
Estimated Total $7000.00
Funding Plan for the Event:
Donations Pledged to Date:
To date, three donations have been pledged to the Village of Oak Brook for the 2007
Independence Day Celebration for a total of $45,000.00. The generous donations
were made by the following companies /foundations:
1. The Huizenga Foundation $2,000.00
2. McDonalds $35,000.00 (Pyrotechnics)
3. Safeway Insurance $800.00
VILLAGE OF OAK BROOK Minutes Page 6 of 16 MAY 22, 2007
In lieu of the donations pledged by McDonalds that was specifically donated toward
the ' cost of the pyrotechnics, Village Counsel had drafted an Indemnification
Agreement that was extended to allow for sponsorship recognition. The sponsorship
provisions include:
(a) The Village agrees to allow the "organization" the right to display banners to
indicate corporate recognition and their sponsorship of this event in locations
agreeable to the Village so as to not cause a safety concern.
(b) The Village also agrees that should it create and display any banners or
marketing or advertising for the Independence Day event, the sponsor will be listed
and noted as a sponsor on the materials.
(c) The Village and sponsor agree that any press release created for the event shall
be approved by both parties in advance of release.
(d) Sponsor shall reserve the right to distribute fliers /coupons for McDonalds
Corporation products and marketing purposes.
(e) The Village agrees to provide ( #) guest passes for the Bath and Tennis
Clubhouse Independence Day Dinner.
Village Share:
At the present time the Village Board would need to approve a not to exceed
expenditure of $25,000.00 to bridge the funding gap between donations pledged to
date and the total cost of the project at $70,000.00. If approved, an appropriate
budget transfer that utilizes funds from several General Fund budget programs
would be prepared for the Village Boards consideration. The recommended Budget
transfer would be spread across three or four budget programs where known positive
variances exist so as to minimize the impact and not materially impact any projects
or programs in 2007. In addition, the Village Board could authorize a parking
charge to be implemented for the event. The major drawback to this as an offset of
the cost to the Village is the timeframe that the Village now has to advertise that
parking fees would be associated with the event.
Trustee Kennedy asked Finance Director Langlois whether it would be burdensome
to locate the extra funds. Director Langlois responded that there were several budget
programs with positive variances that should cover that cost.
Trustee Manofsky encouraged residents to attend the Independence Day Celebration
and to put the 2008 Independence Day Celebration on their calendars because it will
be a large event in honor of the Village's 50th anniversary. She also reminded
residents of the Bath & Tennis Club's Independence Day Dinner.
VILLAGE OF OAK BROOK Minutes Page 7 of 16 MAY 22, 2007
9. D. Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the funding
plans for the 2007 Independence Day Celebration as outlined in the memorandum
from the Independence Day Committee dated May 22, 2007. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented.
B. ORDINANCES & RESOLUTIONS
1) RESOLUTION 2007 -LY -R -976, A RESOLUTION AUTHORIZING AND
DIRECTING THE OAK BROOK PUBLIC LIBRARY TO PARTICIPATE IN
THE NON - RESIDENT LIBRARY CARD PROGRAM FROM JULY 1, 2007
TO JUNE 30, 2008.
In accordance with the administrative rules and regulations implementing Illinois
Public Act 92 -0166, the governing body of each public library is required to
adopt a resolution annually to authorize and direct the library to participate in the
non - resident card program.
Prior to the passage of P.A. 92 -0166, state law and library system membership
codes varied regarding whether non - resident cards could be sold and what
privileges were provided to a non - resident cardholder. P.A. 92 -0166
standardized non - resident rules across the State. Each library governing board
has the option to participate or not participate. Last year, the Village Board of
Trustees adopted a resolution directing OBPL to participate in the program from
July 1, 2006 through June 30, 2007.
Upon the recommendation of the Library Commissioners, the staff proposes that
the Village Board authorize the Library to participate in this program from July
15 2007 through June 30, 2008. The cost for a non - resident card during this
period is $437.00 using the State's required mathematical formula.
Motion by Trustee Manofsky, seconded by Trustee Carson, for passage of
Resolution 2007 -LY -R -976, A Resolution Authorizing and Directing the Oak
Brook Public Library to Participate in the Non - Resident Library Card Program
From July 1, 2007 to June 30, 2008. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 8 of 16 MAY 22, 2007
10. C. AWARD OF CONTRACTS - None presented.
D. ELEVATED TANK PAINTING CHANGE ORDER NO. 1
The circumstances warranting this change were brought to the Board's attention in
the Village Manager's Memorandum of April 27, 2007. In essence, though this
change increases the Elevated Tank Painting project to $392,966, ($400,000
budgeted), we ultimately will save between $3,500 and perhaps $7,000 aggregately
for removal of unessential valves and fittings which were budgeted for elsewhere in
the Water Fund budget.
This change simply expedites the process and saves the Village money by having an
"already" on -site and qualified contractor perform the work.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve Change
Order No. 1 which increases the contract amount by $5,500.00 and determine that
the circumstances necessitating the change were not reasonably foreseeable at the
time the contract was signed, that this change order is in the best interest of the
Village, and is authorized by law. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. OAK BROOK PUBLIC LIBRARY CHANGE INTEGRATED LIBRARY
SYSTEM MEMBERSHIP FROM DUPAGE LIBRARY SYSTEM'S MAGIC TO
METROPOLITAN LIBRARY SYSTEM'S SWAN.
Oak Brook Public Library (OBPL) currently is a member of the DuPage Library
System (DLS) and uses their MAGIC integrated library system (ILS). The ILS is a
consortium that manages its member libraries' cataloging, circulation, reports,
interlibrary loan, serials and acquisitions functions, through the use of special hard &
software supplied by an outside vendor. These ILS services are the backbone of all
the services we offer at OBPL.
For two years DLS has known that its vendor will not continue to support MAGIC's
current software. OBPL staff and the Library Commission have been considering
OBPL's options for ILS since finding out that a migration to new software /hardware
is necessary. Library staff has worked with DLS staff in selecting their future
vendor and software while also looking into the possibility of joining another nearby
consortium.
After evaluating the alternatives, the Library Commission and Library staff
recommend that OBPL leave MAGIC and join SWAN, the integrated library system
of the Metropolitan Library System (MLS). Because MAGIC may begin its
VILLAGE OF OAK BROOK Minutes Page 9 of 16 MAY 22, 2007
10. E. migration to new ILS software as early as August 2007, we feel it is desirable that
the Village Board decide as soon as possible whether OBPL is remaining with
MAGIC or going to SWAN.
PROPOSAL (move to SWAN)
• SWAN has a long -term relationship with its software vendor, Innovative
Interfaces, and uses an established software product called Millennium. The
functions handled by Millennium are cataloging, circulation, reports, interlibrary
loans, serials and acquisitions.
• OBPL is located in the middle of SWAN, whose members include Hinsdale,
Elmhurst, LaGrange and Westmont. SWAN makes available the services and
collections of 79 libraries while MAGIC has only 20 library members.
• There are over 1.2 million title records and many larger libraries in the SWAN
system from which to borrow materials. OBPL is currently the 3rd largest library
in MAGIC.
• SWAN provides centralized copy and original cataloging operations supplying
their members' with catalog and OCLC records, for more efficiency in making
items available. They will pay OBPL for any original cataloging our staff does,
thus potentially lowering our yearly costs;
• Price: After the initial costs of migration, SWAN's annual fees will be about
$6,575 less than those of MAGIC.
CURRENT SITUATION (stay with MAGIC):
■ MAGIC staff are very helpful and the current software (Dynix Classic) is
functioning well but will not be supported in the future. MAGIC will migrate to a
new software product; the vendor for this software is the newly merged
Sirsi /Dynix.
■ MAGIC must migrate at least once and then will be required by the vendor to
have a major upgrade /migration to a new and not yet built software within a year.
Although the schedule is not finalized, MAGIC anticipates beginning migration
in the summer of 2007 to Unicorn and then to Rome.
■ Since the integrated library system (ILS) is enormously important to the
functioning of our library it seems unwise to move to an untested system when a
well- respected product is available through SWAN.
■ Additionally, OBPL patrons seeking books that OBPL does not own are
frustrated by the few materials available in MAGIC. We may currently borrow
SWAN materials but it takes up to three times longer due to coordination of
delivery schedules between the two systems.
Additionally, OBPL technical services staff do all copy and original cataloging
for our collections which results in getting materials on shelves for patrons more
slowly. No reduction in our costs for sharing our original cataloging with others
in the system.
VILLAGE OF OAK BROOK Minutes Page 10 of 16 MAY 225 2007
10. - E. THE TWO MOST IMPORTANT REASONS TO ADOPT THE NEW PROPOSAL:
1. SWAN offers better interlibrary loan and cataloging services for our patrons at a
lower cost (after migration costs) and has a stable long -term relationship with
their software vendor and its product.
2. MAGIC is about to begin a double migration to a software vendor and two new
products, the second of which has not yet been created.
The Oak Brook Public Library Commission recommends that the Board of the
Village of Oak Brook instruct Library staff to petition that the Oak Brook Public
Library become a member of the SWAN integrated library system, a consortium for
cataloging, circulation, reports, interlibrary loan, serials and acquisitions,
administered by the Metropolitan Library System (MLS). OBPL is to then resign
from MAGIC, the DuPage Library System's (DLS) integrated library system.
Trustee Carson indicated that Acting Village Manager Jeff Moline and Library
Director Klinkow - Hartmann had already answered the questions he had, but
suggested that when major software issues of this nature were considered that it be
reviewed to assure the Board that it would not jeopardize a larger plan for Village
technology.
Trustee Kennedy asked whether this software would involve additional hardware
purchases. Director Klinkow- Hartmann indicated that she did not believe that there
were any additional purchases necessary.
Trustee Sanford commented that he felt the risk of going through the double transfer
with the older system and untried software was so great that even though the cost for
the SWAN proposal was higher, it made sense to go with a more reliable and long-
term known product.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, direct staff to request
SWAN membership for the Oak Brook Public Library and resign from MAGIC
membership. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. I -88 TOLLWAY (YORK ROAD - ROUTE 83) NIGHT WORK HOURS
The Village received a letter dated April 27, 2007 from Jay Chiglo, Project Manager,
regarding the proposed Tollway work on I -88 between York Road and Route 83.
The letter states the Tollway's contractor and sub - contractors will be working night
hours to complete construction of both the I -88 Tollway and 22"d Street in the
vicinity of I -88.
VILLAGE OF OAK BROOK Minutes Page I I of 16 MAY 22, 2007
10. F. Section 6 -1 -2 of the Village Code states that no person or entity may use heavy
equipment in residential areas except between 7:00 A.M. and 6:00 P.M. Monday
thru Friday and between 8:00 A.M. and 5:00 P.M. on Saturday and Sunday; and in
commercial areas except between 6:00 A.M. and 6:00 P.M. Monday thru Friday and
between 6:00 A.M. and 6:00 P.M. on Saturday and Sunday. Subsection C of that
section states that the limitations may be waived by the Board of Trustees by
resolution for work undertaken by any public body or agency for the benefit of the
public and that the Board may attach to any such waiver all conditions it deems
necessary to protect the public health, safety or welfare.
It is our understanding that night work will be required for this project in order to
mitigate traffic congestion which would occur during the day and also to speed the
project toward completion.
Trustee Manofsky asked whether this would affect any residential areas. Engineer
Durfey responded that there may be a few that were affected, but that he was not
sure the Village could actually deny a state agency and the issue of day time traffic
congestion was a major consideration. He recommended approval.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, that the Village Board
direct the Village Attorney to draft a Resolution to waive the limitations of Section
6 -1 -2 of the Oak Brook Village Code to permit the Illinois State Toll Highway
Authority and it's contractors to work nights to complete construction on the Ronald
Reagan Memorial Tollway (I -88). VOICE VOTE: Motion carried.
G. 3005 COOLIDGE - PROPOSED SUMP PUMP DISCHARGE ACROSS VILLAGE
PROPERTY
The Village received a letter dated May 2, 2007 from Apparao Devata with a site
plan prepared by Land Technicians, Inc. They included an aerial photograph
depicting the existing home at 3005 Coolidge Street, its existing sump pump
discharge line and discharge point, the proposed sump pump discharge pipe, and a
proposed manhole which the Devata's would like to tap into.
The Devata's have requested permission to cross Oak Brook property (not a right -of-
way, but property owned by the Village) southerly of the 14th hole on the Oak Brook
Golf Course. Their sump pump currently discharges to their rear lot line which they
say runs fairly often and creates soggy and ponded conditions. They are requesting
permission to install a sump pump discharge pipe from their existing discharge
point, then easterly to tie into a new manhole which the Village's Public Works
Department will be constructing in the near future.
It appears that this is the first request of its kind and appears to be a policy decision
for the Village Board to allow or not allow a private sump pump line to cross Village
property.
VILLAGE OF OAK BROOK Minutes Page 12 of 16 MAY 22, 2007
10. G. If the Village wishes to approve the request, staff will generate the appropriate
permit and indemnification language for the Devata's to execute.
On a side issue, the Devata's have expressed concern regarding stormwater runoff
from the Golf Course onto the far northerly portion of their site and then easterly
onto Village property. Since the Golf Course is upstream and above the Devata's
lot, stormwater normally travels downhill and downstream in this area, which has
been the drainage pattern since before the Golf Course was constructed. Staff has
looked at the area and confirmed that any temporary ponding existing after a
rainstorm dissipates within a reasonably short time. Illinois Drainage Law also
states that downstream properties have the obligation of accepting water from
upstream properties under natural conditions.
Trustee Wolin described his background with previous stormwater issues and felt
that it was an appropriate direction to take to mitigate stormwater issues where it is
possible. He added that it could open the door to additional requests. He suggested
that the policy written should protect the Village for future events and damage to
Village property. Acting Village Attorney Sterk suggested that the policy require a
written agreement with the property owner and that agreement is recorded against
the property so that subsequent purchasers are aware that the connection is
terminable by the Village at will.
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to direct staff to
prepare a policy to allow a private sump pump discharge line across Village
property. VOICE VOTE: Motion carried.
H. POLICE AND FIREFIGHTERS' PENSION FUND ACTUARIAL STUDIES
An actuarial study of the Police Pension Fund and Firefighters' Pension Fund is
performed annually in order to monitor the funding progress of the two funds as well
as determining the Village's contribution for the coming year. Since it is in both the
Village's interest and the two pension fund's interest that these studies be
performed, 50% of the cost of each study is paid for by the Village and 50% is paid
for by the respective pension fund. The studies presented were once again
performed by Timothy W. Sharpe, Actuary.
The actuarial study process begins with the Finance Department providing the
actuary with participant salary, contribution, and service credit data. From there, the
actuary calculates various scenarios based on prior actuarial assumptions as well as
what the impact would be for various changes in actuarial assumptions. The actuary
then attends a meeting with each respective Pension Board where the preliminary
results and various changes in actuarial assumptions are discussed. Based on the
direction given at the meeting, the actuarial studies are then completed and a funding
request is forwarded to the Village Board (ultimately responsible for funding the
pension programs). The following is a brief summary of the two reports:
VILLAGE OF OAK BROOK Minutes Page 13 of 16 MAY 22, 2007
10. H. Police Pension Fund
As the actuarial report indicates, the Police Pension Fund was 86.2% funded as of
December 31, 2006, a decrease of 0.1% from the funded percentage in 2005. The
cause of this minor decrease in the funded percentage is that the average salary
increased by 6.7% during 2006 when for actuarial purposed 5.25% was assumed.
The Fund's approxaimate investment return was 8.97 %, which is 1.47% above the
actuarially assumed rate of 7.50 %. For 2007, the actuary recommends a Village
contribution of 18.53% of payroll, an increase of 0.06% of payroll from 2006.
The recommended Village contribution of 18.53% of payroll for 2007 is slightly
below the 18.60% of payroll used in preparation of the 2007 Budget. To date in
2006 the Village has continued to contribute to the Police Pension Fund at the 2006
rate of 18.59 %. The past practice has been that the contribution rate is made
retroactive to January 1. Accordingly, if the contribution rate of 18.53% is
approved, a retroactive credit of $625.15 will be applied to the Village's May
contribution.
Firefighters' Pension Fund
The actuarial report indicates that the Firefighters' Pension Fund was 78.8% funded
as of December 31, 2006, an increase of 1.7% from the funded percentage in 2005.
The cause of the increase in the funded percentage was due to the Fund's investment
return of 9.44% being 1.94% above the actuarially assumed rate of 7.50 %. For
2007, the actuary recommends a Village contribution of 22.81% of payroll, an
decrease of 0.87% of payroll from 2006.
The recommended Village contribution of 22.81% of payroll for 2007 is under the
23.70% of payroll used in preparation of the 2007 Budget. To date in 2007 the
Village has continued to contribute to the Firefighters' Pension Fund at the 2006 rate
of 23.68 %. The past practice has been that the contribution rate is made retroactive
to January 1. Accordingly, if the contribution rate of 22.81% is approved, a
retroactive credit of $7,6'18.89 will applied to the Village's May contribution.
Trend Information
To facilitate additional analysis, trend data is provided on both pension funds for the
last nine years. From year to year the actuarial results can vary greatly. The two
biggest reasons for the variations have been State - mandated benefit enhancements
and the volatile investment markets. Also, when comparing investment returns
between the two funds it should be noted that in general the Firefighters' Pension
Fund has had a greater percentage of their assets in equity investments when
compared to the Police Pension Fund. Thus, when the equity markets have
performed well the Firefighters' Pension Fund has had better performance, and when
the equity markets have performed poorly the Police Pension Fund had better
performance.
VILLAGE OF OAK BROOK Minutes Page 14 of 16 MAY 22, 2007
10. H. The Village's Funded Percentage
In prior years the Village Board has expressed concern about the Village's funded
percentage being below 100 %, especially considering that as late as 2000 both
pension funds were in fact over 100% funded. As previously mentioned, the two
principal causes for the decline (benefit enhancements and volatile investment
markets) are beyond the control of the Village. What can't be ignored, though, is
that these two situations have impacted not just Oak Brook but every other pension
fund in the State. The current funded percentages are considered very good from an
actuarial standpoint and compare quite favorably with other Illinois police and fire
pension funds.
In order to demonstrate this fact, data provided by our actuary from neighboring
pension funds shows that the Police Pension Fund funded percentage ranks #I out of
the 19 funds selected and is 17.14% above the average. The Firefighters' Pension
Fund ranks 8 out of 15 funds selected, but is still 4.0% above the average. The
reason for the Firefighters' Pension Fund funded percentage being below that of the
Police is due to a higher rate of disability pensions in our Fire Department. In
summary, the Village is doing a very good job managing it pension obligations.
Trustee Kennedy congratulated Finance Director Langlois and the Pension Funds on
their management because they have done an excellent job in funding the Village's
pension funds and the Village is far superior to any surrounding municipalities and
probably also statewide.
Motion by Trustee Kennedy, seconded by Trustee Sanford, that 1) The Village
Board accept the attached actuarial reports of the Police Pension Fund and
Firefighters' Pension Fund and 2) The Village Board approve a Village contribution
of 18.53% of payroll for police officers and 22.81% for firefighters retroactive to
January 1, 2007. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
11. INFORMATION & UPDATES
A. VILLAGE PRESIDENT - President Craig indicated that applications are available for
residents interested in serving on various Boards and Commissions.
B. VILLAGE MANAGER - Acting Village Manager Moline encouraged residents to go
to the Village website because there will be information on the Tollway projects and
local rerouting. There will also be an Open House given by the Tollway authority on
June 24. Information on this will be sent out. There will also be information for the
business community.
VILLAGE OF OAK BROOK Minutes Page 15 of 16 MAY 225 2007
11. C. VILLAGE CLERK - No report.
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the Regular
Meeting of the Board of Trustees at 8:37 p.m. VOICE VOTE: Motion carried.
ATTEST:
/s/ Charlotte K. Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 16 of 16 MAY 225 2007