Minutes - 06/25/2002 - Board of Trustees1
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MINUTES OF THE JUNE 25, 2002 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON JULY 9, 2002.
CALL TO ORDER:
The Regular Meeting of the Village Board of Trustees was called to order by
President Bushy in the Samuel E. Dean Board Room of the Village Commons
at 7:30 p.m. The Pledge of Allegiance was given.
ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, John W.
Craig, Susan Chase Korin, Elaine Miologos and Alfred P.
Savino.
ABSENT: Trustee George T. Caleel.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty,
Assistant Village Manager; Debra J. Jarvis, Fire Chief; Bruce F. Kapff, Director
of Information Services & Purchasing; Robert L. Kallien, Jr., Director of
Community Development; Richard A. Martens, Village Attorney; Ruth A.
Martin, Library Director; Michael J. Meranda, Public Works Director; Allen W.
Pisarek, Police Chief; William Haas, Deputy Police Chief; Lieutenants Sue
Srch and Steve Larson; Police Sergeant Randy Mucha; Police Officers Velia
Torlo, Brian Strockis, George Peterson and Probationary Officer Katie Thon.
ANNOUNCEMENTS AND OPEN FORUM:
President Bushy announced that the Village of Oak Brook's Police Department
would receive an award this evening for their outstanding performance of DUI
arrests from the State Director, Pat Larson, of the Alliance Against Intoxicated
Motorists. Ms. Larson stated that this group decided that they would be the
organization that would award police officers for their efforts and she reported
that the Village of Oak Brook Police Department had a 245% increase in their
DUI arrests which is the largest increase of DUI arrests in the State of Illinois.
She awarded the Alliance Against Intoxicated Motorists PRIDE Award to
Police Chief Pisarek. Chief Pisarek introduced the department personnel
involved: William Haas, Deputy Police Chief, Lieutenants Sue Srch and Steve
Larson; Police Sergeant Randy Mucha; Police Officers Velia Torlo, Brian
Strockis, George Peterson and Probationary Officer Katie Thon.
VILLAGE OF OAK BROOK Minutes
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Page 1 of 11 June 25, 2002
CALL "I O ORDER
ROLL CALL
ANNOUNCE
3. Village Manager Veitch announced publicly that he has submitted his
resignation with the Village of Oak Brook effective July 26, 2002. He will be
leaving the Village for a position in Arizona.
Trustee Miologos communicated that she wished to respond to a letter received
from an Oak Brook resident and Sports Core employee regarding the discussion
at the previous Board of Trustees' Meeting related to Falcon Football's use of
the Sports Core field. She addressed the concern of the correspondent related
to conflict of interest. Trustee Miologos did not perceive a conflict but her
concern was that she felt the issue was not being resolved at the staff level.
President Bushy indicated that Bath & Tennis Club Manager Sartore was not in
attendance of the meeting to respond to Trustee Miologos' comments. Trustee
Miologos suggested that as a part of future goals and objectives the Board
consider policies that provide guidelines to staff relative to customer service to
the public.
4. APPROVAL OF MINUTES:
Motion by Trustee Savino, seconded by Trustee Korin, to approve the Minutes
of the Special Committee -of- the -Whole Meeting of June 3, 2002 as presented
and waive the full reading thereof. VOICE VOTE: Motion carried.
Motion by Trustee Korin, seconded by Trustee Savino, to approve the Minutes
of the Regular Board of Trustees Meeting of June 11, 2002 as presented and
waive the full reading thereof. 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.
Trustee Miologos asked that agenda Item 5.C.1. CHANGE ORDERS #48 & 49
— MUNICIPAL COMPLEX PROJECT — HARBOUR CONTRACTORS, INC.
- $28,623.00 — REVISED TOTAL CONTRACT AMOUNT - $8,120,049.00 be
removed for further discussion.
Motion by Trustee Korin, seconded by Trustee Savino, to approve the Consent
Agenda as amended. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 11 June 25, 2002
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MINUTES
C. AGENDA
A. APPROVAL OF BILLS - $1,262,535.70 BILLS - SI,262,535.70
Significant items included above:
1) DuPage Water Commission - $206,168.24
2) Civiltech Engineering, Inc. — Payout #5 — York/Harger
Bicycle/Pedestrian Path Phase II - $17,967.30
3) R. W. Dunteman — Payout # 1 - 2002 Paving Project - $207,711.93
4) Harbour Contractors, Inc. — Payout #16 — Municipal Complex Project -
$518,089.06
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JUNE 8, 2002 - PYRL - $626,060.17
$626,060.17
C. CHANGE ORDERS:
1) CHANGE ORDERS #48 & 49 — MUNICIPAL COMPLEX PROJECT REMOVED
— HARBOUR CONTRACTORS, INC. - $28,623.00 — REVISED
TOTAL CONTRACT AMOUNT - $8,120,049.00
D. REFERRALS:
1) TEXT AMENDMENTS TO ZONING REGULATIONS — CHAPTER 3 TxT AMND zON REG
-FENCES
GENERAL ZONING PROVISIONS - FENCES — TO PLAN
COMMISSION MEETING OF JULY 15, 2002 AND THE ZONING
BOARD OF APPEALS MEETING OF AUGUST 6, 2002
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) AUTHORIZATION TO BID — TREE PRUNING AND REMOVAL TREE PRNG & REM
SERVICE
2) AUTHORIZE A REQUEST FOR PROPOSALS — AMBULANCE AMB BILL SERVICES
BILLING SERVICES
F. ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF MAY, TREAS. RPT 05 -02
2002
G. AUTHORIZE ANNUAL CONTRIBUTION TO THE DUPAGE COUNTY Du PGE CTY CHILD
CHILDREN'S CENTER - $2,500.00 CNTR CONTR
H. APPROVE WAIVER OF TENT PERMIT FEE — OAK BROOK WVE PERMIT FEE -
OAK BRK COMM
COMMUNITY CHURCH — 3100 MIDWEST ROAD CHCH
VILLAGE OF OAK BROOK Minutes
Page 3 of 11 June 25, 2002
5. I. REQUEST FOR TIME EXTENSION — YORKSHIRE GLEN OF OAK ExT - YRKSHR
GLEN
BROOK
6. ITEMS REMOVED FROM CONSENT AGENDA:
5. C. CHANGE ORDERS:
RMVD C AGNDA
1) CHANGE ORDERS #48 & 49 — MUNICIPAL COMPLEX PROJECT MCP - CHNG ORD
— HARBOUR CONTRACTORS, INC. - $28,623.00 — REVISED as & 49 - [ARBOUR
TOTAL CONTRACT AMOUNT - $8,120,049.00
Trustee Miologos asked for an explanation that this change order would
have no impact on the overall project budget. Manager Veitch
explained that the assignment was from a line item in another budget
line. Trustee Miologos questioned why this was not put out to bid.
Director of Information Services & Purchasing Kapff explained that
legally it was not required to go out to bid because we have an electrical
contractor on site that has been through the bid process and it was
difficult to go out for bid because of the time frame and the fact that you
may have several electrical contractors working on the same job. He
also added that the price was managed and negotiated.
Motion by Trustee Miologos, seconded by Trustee Savino, to approve
an increase in Harbour's guaranteed maximum price of $28,623 for
change orders #48 & 49 and determine that the circumstances
necessitating the change orders were not reasonably foreseeable at the
time the contract was signed and that the change orders are in the best
interest of the village and are authorized by law.
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS: BD/COMM RECOM
A. RECOMMENDATION - NAGUIB — 824 MERRY LANE — FLOOD
PLAIN SPECIAL USE
Plan Commission and Zoning Board of Appeals Recommendations
Flood Plain Special Use - The Plan Commission by a vote of 6 to 0, and the
Zoning Board of Appeals by a vote of 5 to 0, recommended approval of the
request from Dr. and Mrs. Gamal Naguib for a Flood Plain Special Use to
permit the construction of a new driveway to provide access to a new home
planned for the site.
VILLAGE OF OAK BROOK Minutes Page 4 of 1 I June 25, 2002
7. A. Since additional fill will be placed in the floodplain to accommodate the
new driveway, a Flood Plain Special Use and compensatory storage of 1.5:1
is required.
In making this recommendation, the Plan Commission and Zoning Board
included the following conditions:
• The project shall be constructed in substantial conformance with the
plans as submitted.
• Address all comments contained in Village Engineer Durfey's
memorandums dated April 9, 2002 and April 30, 2002.
In recommending approval of these requests, the Plan Commission and
Zoning Board of Appeals found that the petitioner has satisfactorily
addressed the factors required for approval of the Flood Plain Special Use.
In particular, it was found that these requests were necessary for the public
convenience and will be operated so that the public health, safety and
welfare are protected. Also, there will be no substantial injury to adjacent
property.
Motion by Trustee Savino, seconded by Trustee Aktipis, to concur with the
recommendations of the Plan Commission and Zoning Board Of Appeals
and authorize the Village Attorney to draft the necessary ordinance for final
consideration at the Village Board Meeting of July 9, 2002. VOICE VOTE:
Motion carried.
8. ACTIVE AGENDA (Items for Final Action): ACTIVE AGENDA
A. CONFIRMATION OF APPOINTMENTS: NONE.
B. ORDINANCES & RESOLUTIONS:
1) AN ORDINANCE OF THE VILLAGE OF OAK BROOK, ILLINOIS ORD oz- AG- CB -ExI-
CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE FRANCHISE CLING
TELEVISION FRANCHISEE FROM AT &T CORPORATION TO OF CoNTRL
AT &T COMCAST CORPORATION.
The Village of Oak Brook is in receipt of the Federal Communications
Commission Form 394 containing information intended to establish the
technical, legal and financial qualifications of AT &T Comcast
Corporation, a new company to be formed out of Comcast's acquisition
of AT &T Broadband (a division of AT &T Corporation).
VILLAGE OF OAK BROOK Minutes Page 5 of 11 June 25, 2002
8. B. 1) This is the same process that was initiated in 1998/1999 when AT &T
acquired the assets of TCI through a national reorganization of various
cable systems.
The franchising authorities in the affected communities are charged with
reviewing the FCC Form 394 to determine whether AT &T Comcast is
technically, legally and financially able to operate the cable system. The
ability to deny such transfer on any of these three bases is extremely
limited. Because the AT &T /Comcast merger affects a vast majority of
area municipalities, DuPage Mayors and Managers and the other
Councils of Government enlisted the same consortium used in
1998/1999 to obtain expert consulting and review. As a result, Dr.
Barry Orton and Stuart Chapman were hired to conduct the technical,
legal and financial review for all affected communities.
The review is complete and the consultants have concluded that AT &T
Comcast has sufficiently demonstrated the adequacy of its technical,
financial and legal qualifications within the context of applicable law.
Manager Veitch commented that a municipality's ability to hold its
approval of such a change in control was extremely limited. He added
that the hope was that the capability of the provider would improve with
this merger. He also added that if the Board chose not to approve the
change in control by passing the intended ordinance, that silence was
also considered consent.
Sharon Douglas, AT &T Broadband representative, was in attendance of
the meeting.
Motion by Trustee Miologos, seconded by Trustee Savino, that the
Village Board pass An Ordinance of the Village of Oak Brook, Illinois
Consenting to the Change of Control of the Cable Television Franchisee
From AT &T Corporation to AT &T Comcast Corporation, and authorize
the execution of the Transfer Agreement ROLL CALL VOTE:
Ayes: 3 — President Bushy, Trustees Korin and Savino.
Nays: 3 — Trustees Aktipis, Craig and Miologos.
Absent: 1 — Trustee Caleel. Motion failed.
VILLAGE OF OAK BROOK Minutes Page 6 of 11 June 25, 2002
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8. B. 2) ORDINANCE 2002 -LY -G -699, "AN ORDINANCE AMENDING ORD 02-LY -G -699
AMND TITLE II -
TITLE 11 ENTITLED "LIBRARY" OF THE VILLAGE CODE OF LIBRARY
THE VILLAGE OF OAK BROOK"
The Village Board authorized the Library staff to adopt a photo
identification library card to assist staff in verifying that the individual
using the library card is indeed the individual with the right to use the
card. This is particularly important for computer users who are required
to have a signed computer use agreement on file at the Library. The two
parts of this ordinance involve raising the price of a replacement card
and establishing a nonresident computer user card. The cost of each
would be $5.00.
Beginning July 1, 2002, Library computer users will be asked to display
their photo ID library card at their workstations. Nonresidents are
welcome to use the Library's computers provided they read and sign the
computer use agreement. Each of these users will need to display an
Oak Brook photo ID to verify that s/he is an authorized user. There is
no charge for using the computers other than any prints that are made,
but it still costs the Village to make the photo ID cards. These cards will
be non - borrower cards and will not have a barcode. They will have
appropriate internet authorization so that will make staff monitoring
possible. The Library staff proposes that these cards also carry a $5.00
fee.
Motion by Trustee Korin, seconded by Trustee Aktipis, that the Village
Board pass Ordinance 2002 -LY -G -699, "An Ordinance Amending Title
11 Entitled "Library" of the Village Code of the Village Of Oak Brook ",
Raising the Replacement Library Card Fee to $5.00 and Establish a
Nonresident Computer User Identification Card at a Cost of $5.00,
effective July 1, 2002. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
3) RESOLUTION 2002 -LY -R -811, "A RESOLUTION AUTHORIZING RES oz- LY -R -81 l -
AND DIRECTING THE OAK BROOK PUBLIC LIBRARY TO P OGRES LlB cARD
PARTICIPATE IN THE NONRESIDENT LIBRARY CARD
PROGRAM FROM JULY 1, 2002 TO JUNE 30,2003"
The nonresident library card rules have changed to reflect law enacted in
P.A. 92 -0166. The rules are effective July 1, 2002.
VILLAGE OF OAK BROOK Minutes Page 7 of 11 June 25, 2002
8. B. 3) For the last two years, all nonresident cards have been local use cards
only, that is, the nonresident cardholder received full - service within the
library at which s/he purchased the card but was not permitted to use the
card at any other library (the privilege of reciprocal borrowing). The
new rules require that all nonresident cardholders be granted the same
privileges as resident cardholders including reciprocal borrowing
privileges.
For the Village of Oak Brook, the fee will be determined by the general
mathematical formula and will coincide with the Village's fiscal year.
The rate for a nonresident card at OBPL between July 1 and December
31, 2002 will be $372. The State Library is still determining if per
capita costs can be offered to senior citizens. Each public library is
required to review this program and adopt a resolution to participate or
not participate annually.
Upon the recommendation of the Library Commissioners, the staff
proposes that the Village Board authorize the Library to participate in
this program. The Village of Oak Brook borders several libraries in the
Suburban Library System and honors valid resident out -of- system cards.
It is the recommendation of the Library Commissioners and the wish of
the staff to honor valid nonresident out -of- system cards.
Motion by Trustee Korin, seconded by Trustee Savino, that the Village
Board pass Resolution 2002 -LY -R -811, "A Resolution Authorizing and
Directing the Oak Brook Public Library to Participate in the Non -
Resident Library Card Program from July 1, 2002 to June 30, 2003,"
which allows OBPL to sell full- service library cards to nonresidents and
requires OBPL to honor all valid nonresident library cards sold by other
public libraries in the DuPage Library System. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS:
AWARD CT
1) WAIVE BID & AWARD CONTRACT — EMERGENCY REPAIRS — EMERG REPAIRS -
L2ND ST, 16T" ST. &
22ND ST., 16TH ST. AND SPRING ROAD STREET LIGHTING SPRING RD.
SYSTEMS STREET LIGHT
Over the past several weeks, the Village has experienced several
streetlight outages on portions of the street lighting systems located
along 22nd Street from the Salt Creek bridge to Route 83 and Spring
Road from 22nd Street to Harger Road.
VILLAGE OF OAK BROOK Minutes Page 8 of 11 June 25, 2002
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8. C. 1) Due to the electrical configuration of the system in this area, it has
become difficult for our street lighting contractor, Meade Electric, to
locate the location of the fault(s) causing the outages and make the
necessary repairs. In reviewing the Village's options, it appears that the
only prudent and cost - effective remedy is to reconfigure the electrical
supply and disconnect system feeding the streetlights to expedite this
and future repairs.
With the new proposed configuration: lighting outages due to wiring
fault(s) would be limited to only a handful of lights, trouble- shooting
would be limited to a relatively small geographic area, total repair time
would be significantly reduced, repairs would be less costly due to
reduced labor and nuisance outages due to circuit breaker trips would be
mitigated.
It is staff's recommendation that the Village Board waive further bids
and authorize staff to issue a purchase order in the not -to- exceed amount
of $55,000 to Meade Electric to undertake and complete the above
stated work for the following reasons:
• Being under contract with the Village already, 2001 -2003, and
having been awarded both the State and County's traffic signal and
street lighting maintenance and installation contract, Meade's
pricing has already gone through a competitive bidding process.
• Meade has been our street lighting and traffic signal contractor for
the past several years and understands more about our street lighting
system than any other vendor.
• Past work undertaken by Meade on behalf of the Village has been
completed expeditiously and within budget.
• Meade already understands the problem(s) and has been
instrumental in advising the Village of its options.
• If the Village were to seek further bids, additional assistance, time,
and cost would be incurred as the Village would have to have
detailed specifications and plans prepared by an electrical contractor;
something that Meade as our contractor, has already accomplished
in- house.
Motion by Trustee Savino, seconded by Trustee Miologos, that the
Village Board Waive Bids and Authorize Staff to Issue a Purchase
Order in a Not -to- Exceed Amount of $55,000 to Meade Electric for
Emergency Repairs to the 22nd Street, 16th Street, and Spring Road
Street Lighting Systems. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 9 of 11
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June 25, 2002
8. C. 1) Motion by Trustee Savino, seconded by Trustee Aktipis, that
authorization be granted for staff to contract with Commonwealth
Edison for the installation of three new transformers for the
aforementioned work in a not -to- exceed amount of $18,000.00. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
9. INFORMATION & UPDATES: INFO & UPDATES
A. VILLAGE PRESIDENT: vu.c PRES
President Bushy stated her sadness of Manager Veitch leaving but extends
her good wishes for much success in his new venture.
B. VILLAGE MANAGER: vu.c MGR
Manager Veitch commented that the new street signs were installed in
Brook Forest and Public Works is now working at Woodside Estates. The
DuPage Area Transit Plan has been completed and is ready for public
comment, which will be accepted until August 2 °d. It may be reviewed at
the Library or on the website www.dupagetransitplan.com.
10. DEPARTMENTAL REPORTS: NONE. DEPT. RPTS
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 Discuss the Appointment,
Employment or Dismissal of an Officer or an Employee:
Motion by Trustee Craig, seconded by Trustee Savino, to adjourn to closed
session at 8:29 p.m. to Discuss the Appointment, Employment or Dismissal of
an Officer or an Employee. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
14. ADJOURNMENT: ADJRN
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at
9:25 p.m. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 10 of 11 June 25, 2002
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ATTEST:
inda k. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 11 of 11 June 25, 2002