Minutes - 09/24/2002 - Board of TrusteesMINUTES OF THE SEPTEMBER 24, 2002 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON OCTOBER 8, 2002.
Deputy Village Clerk, Carol Harty, announced that President Bushy was not in
attendance due to the death of her father. She asked for a motion to appoint
Trustee Craig as Temporary Chairman.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to appoint Trustee
Craig as Temporary Chairman. VOICE VOTE: Motion carried.
CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
Temporary Chairman Craig in the Samuel E. Dean Board Room of the Village
Commons at 7:32 p.m. The Pledge of Allegiance was given.
2. ROLL CALL: ROLL CALL
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan
Chase Korin, Elaine Miologos and Alfred P. Savino.
ABSENT: President Karen M. Bushy
IN ATTENDANCE: Michael A. Crotty, Acting 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; Allen W. Pisarek,
Police Chief; Bonnie Sartore, Bath & Tennis Club Manager and
Trey VanDyke, Golf Club Manager.
3. ANNOUNCEMENTS AND OPEN FORUM: None. ANNOUNCE
4. APPROVAL OF MINUTES: MINUTES 09 -10-02
Trustee Miologos asked for an amendment on page one to indicate that Trustee
Korin was the individual who amended the minutes.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve the Minutes
of the Regular Board of Trustees Meeting of September 10, 2002 as amended
and waive the full reading thereof. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 1 of 12 September 24, 2002
5
CONSENT AGENDA: c. AGENDA
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
Trustee Korin asked that item 5.C.1. Change Orders #60, #63, #64, #67, #68,
#71, #73, 477, And #79 - Municipal Complex Project — $16,595 - Harbour
Contractors, Inc. - Revised Total Contract Amount - $8,163,377.00 be removed
from the Consent Agenda for further discussion.
Motion by Trustee Caleel, seconded by Trustee Savino, to approve the Consent
Agenda as amended. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. APPROVAL OF BILLS - $856,072.89 BILLS - $856,072.89
Significant items included above:
1) DuPage Water Commission - $298,795.74
2) J. Congdon Sewer Services, Inc. — Payout #3 — 2001 Water Main &
Drainage Project - $13,317.53
3) Harbour Contractors, Inc. — Payout # 19 — Municipal Complex Project -
$269,306.34
4) Earth Tech, Inc. - Payout #25 — Municipal Complex Project - $4,301.81
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER PYRL - S541,271.28
14, 2002 - $541,271.28
C. CHANGE ORDERS: CHANGE ORDERS
1) CHANGE ORDERS 960,463, #64 #67 #68 #71 473 #77 AND #79 - REMOVED FROM
MUNICIPAL COMPLEX PROJECT — $16,595 - HARBOUR CONSENT AGENDA
CONTRACTORS, INC. - REVISED TOTAL CONTRACT AMOUNT
- $8,163,377.00
D. REFERRALS:
REFERRALS:
1) BEARD'S PLAT OF RESUBDIVISION — 3711 MADISON STREET — FNL PI-T OF
RESUBDIV 3711
FINAL PLAT OF RESUBDIVISION - REFERRED TO THE PLAN MADISON ST.
COMMISSION MEETING OF OCTOBER 21, 2002
VILLAGE OF OAK BROOK Minutes
R
Page 2 of 12 September 24, 2002
D. 2) ZUBI'S PLAT OF SUBDIVISION — 3719 MADISON STREET — ENE PET OE
RESUBDIV - 3719
FINAL PLAT OF SUBDIVISION - REFERRED TO THE PLAN MADISON ST
COMMISSION MEETING OF OCTOBER 21, 2002
3) THE YORK ROAD PROPERTIES, LLC. — 2122 YORK ROAD — TxT AMND & SPEC
USE. - 2122 YORK
TEXT AMENDMENT AND SPECIAL USE - REFERRED TO THE RD
PLAN COMMISSION MEETING OF AND THE ZONING BOARD
OF APPEALS MEETING NOVEMBER 5, 2002
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE BIDS- PROP -NEG
CONTRACTS: None. CNTRCTs
F. ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF TREAS. RPT - 08-02
AUGUST, 2002
G. VACATE PUBLIC UTILITY AND DRAINAGE EASEMENT — LOT 11, VAC PUB UTIL&
DRNGE EASE - 3106
HERITAGE OAKS SUBDIVISION — 3106 HERITAGE OAKS HERITAGE OAKS
H. REQUEST FOR TIME EXTENSION — YORKSHIRE GLEN OF OAK ExT - ENE PLT OF
SUBDIV -
BROOK — FINAL PLAT OF SUBDIVISION YRKSHIRE GLEN
ITEMS REMOVED FROM CONSENT AGENDA:
5. C. CHANGE ORDERS:
RMVD C AGNDA
CHANGE ORDERS
1) CHANGE ORDERS #60, #63, #64, #67, #68, #71, #73, #77, AND MCP -CHNGE
479 - MUNICIPAL COMPLEX PROJECT — $16,595 - HARBOUR oRDERs
CONTRACTORS, INC. - REVISED TOTAL CONTRACT AMOUNT
- $8,163,377.00
The Village has previously approved 46 Change Orders (CO's) in the
total amount of $453,801.50, of which 43 CO's were to Harbour
Contractors in the amount of $467,669 and 3 CO's were to J &R Asphalt
in the amount of ($13,867.50).
The recommended CO's #60, #63, #64, #67, #68, #71, #73, #77, 479
would increase Harbour's Guaranteed Maximum Price from $8,146,782
to $8,163,377 or an increase of $16,595. Funds covering CO's #77 and
#79, in the amount of $12,872 are contained in other budgets and will
have no impact on the overall project budget.
C. 1) Change Order 460 — $388 — to add a wire partition in the Police Large
VILLAGE OF OAK BROOK Minutes Page 3 of 12 September 24, 2002
0
6. Evidence Room L -23 to create a space for the Speed Trailer. The
5. original plans called for a large evidence room covering 1 %2 parking
bays within the Police Garage. The Police Department has requested
that the Large Evidence Room be reduced to one parking bay, with the
other '/2 bay to be occupied by the speed trailer. This work has not yet
been performed.
Change Order #63 - $1,227 - to add continuous metal backing within
the wall framing at 7' above finished floor in offices along the south
side of the General Office area to provide adequate support for wall -
hung shelves. This work was completed in mid -March when the walls
were being framed.
Change Order #64 - $1,916 - to furnish and install steel wall supports
for half - height walls in Dormitory and Reception areas, providing added
lateral support. This work was completed in mid -April when the walls
were being framed.
Change Order #67 - $2,048 - to replace the planned coat rod/shelf in the
Police Chiefs closet with storage shelving. This work has not yet been
performed.
Change Order #68 - ($6,422)- for revisions to the Police release
vestibule L -28 deleting the toilet room. This will provide a more
adequate area for persons waiting at the Police Department Bond -out
area. This work has not yet been performed.
Change Order #71 - $2,869 - to add angle iron frames for support of
rooftop mechanical equipment curbs. This work was completed in
February prior to setting the rooftop units.
Change Order #73 - $1,697 - to add a steel plate to support masonry in
the Fire Department Hose Tower. This work was completed in February
when the tower was under construction.
Change Order #77 - $9,149 - to extend the Communications Equipment
Room to the west, creating a separate UPS room for the
Communications Center equipment. This includes drywall, framing and
painting. This work was completed in May. The total amount of this CO
is contained in the Communications Center budget for this project, and
will have no impact on the Municipal Complex Project budget.
Change Order 479 - $3,723 - to revise flooring and HVAC system for
added Communications Equipment UPS Room U037A. This was
approved under the Village Manager's authority in order to allow
construction to continue.
The total amount of this CO is contained in the Communications Center
budget for this project, and will have no impact on the Municipal
Complex Project budget. This work is in the process of completion.
VILLAGE OF OAK BROOK Minutes Page 4 of 12 September 24, 2002
6.
5. C. 1) There are various causes for CO's including code requirements, site
conditions unknown at the time of bidding and other construction
modifications required as the work progresses. Requests for CO's may
originate with the architect (Earth Tech), the construction manager
(Harbour), prime contractors or the Village. Following a review of
available options, an agreed upon change is prepared (CO) and is signed
by all parties.
Trustee Korin voiced concern about the fact that a number of the change
orders were already completed early in the year and she wished to know
why it took so long to be presented to the Board for approval. Director
of Information Services & Purchasing, Bruce Kapff, responded
indicating that the delay came from continuing negotiations related to
the cost of the item. Trustee Miologos asked whether work was being
approved without knowing what the cost to the Village. Director Kapff
responded that a general idea of the range of the cost would be included
at the time the work was considered and that the General Contractor
would negotiate with the contractor from there.
Discussion ensued relative to the Village Manager authorization of up to
$10,000. Trustee Caleel agreed that in order to keep the project
progressing, it was important to allow that authorization because items
at that level were not worth the time delays.
Trustee Caleel asked what the original estimated project cost was and
what the current projection was for completion. Finance Director
Langlois responded that the original projected cost was $9,669,000 and
the current projection was $9,900,000. Trustee Aktipis commented that
the total project was not very far off target because most projects do
have a certain amount of change orders and these are not out of line,
they are not an extraordinary amount. Discussion ensued relative to the
project schedule.
Motion by Trustee Korin, seconded by Trustee Caleel, to authorize
Change Orders #60, #63, #64, #67, #68, #71, #73, #77, and #79 for the
Municipal Complex Project in the amount of $16,595 to Harbour
Contractors, Inc. and that the Board has determined that the
circumstances necessitating the change orders were not reasonably
foreseeable at the time the contract was signed and that the change
orders are in the best interest of the Village and are authorized by law.
ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 12 September 24, 2002
M,
7. BOARD & COMMISSION RECOMMENDATIONS: None. BD/COMM RLCOM
ACTIVE AGENDA (Items for Final Action):
A. CONFIRMATION OF APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
ACTIVE AGLNDA
CONFIRM APPTS
1) ORDINANCE 2002 -LY -EXI -S -1023 "AN ORDINANCE ADOPTING ORD02-LY-I'.xI-S-
1023 - AMND LIB
THE FIRST COMPREHENSIVE AMENDMENT TO THE LIBRARY COMPTR use POL.
COMPUTER USE POLICY"
At the Library Commission meeting on August 20, 2002 this policy was
discussed and approved by the Library Commission and recommended
for Board adoption.
The Computer Use Policy entirely replaces the old and bulky Policy for
Use of Public Access Computers and Electronically Delivered
Information that was used in the old building.
Trustee Savino asked of the internet disclaimer within the policy.
Library Director Martin responded that public libraries stand by the
quality of the materials that are provided using professional selection
tools. She stated that with the Internet, there was no ability to make
selections and therefore the Library cannot guarantee the quality, the
accuracy or the currency of any information. She added that a filter was
placed on youth computers, but that they are an imperfect solution and
the Commission did not want people to think that because there is a
filter in place that the Library is guaranteeing that a child will not see
something that a parent may not want a child to see.
She also commented that, in addition, the Library cannot guarantee that
if something is downloaded off of one of the Library computers that it
does not have a virus even though the computers do have anti virus
software.
Motion by Trustee Korin, seconded by Trustee Caleel, that the Village
Board pass Ordinance 2002 -LY -EXI -S -1023, "An Ordinance Adopting
the First Comprehensive Amendment to the Library Computer Use
Policy ". ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 6 of 12 September 24, 2002
8. B. 2) ORDINANCE 2002 -LY -EXI -S -1024, "AN ORDINANCE ADOPTING
THE LIBRARY EXHIBITS AND DISPLAYS POLICY ".
At the Library Commission meeting on August 20, 2002 this policy was
discussed and approved by the Library Commission and recommended
for Board adoption.
The Exhibits and Displays Policy is new as the new building is the first
opportunity the Village has had to provide Library exhibit and display
space.
Motion by Trustee Korin, seconded by Trustee Savino, to pass
Ordinance 2002 -LY -EXI -S -1024, "An Ordinance Adopting the Library
Exhibits and Displays Policy ". ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ORD 02-LY- EXI -S-
1024 - ADPT LIBR
EXHBTS & DISPLY
POLICY
3) ORDINANCE 2002 -LY =EXI -S -1025, "AN ORDINANCE ADOPTING ORD-02-LY- EXI -S-
1025 - AMND LIB
THE FIRST COMPREHENSIVE AMENDMENT TO THE LIBRARY M-rc RMS & GRP
MEETING ROOMS AND GROUP STUDY ROOMS POLICY" STDY RMS POLICY
At the Library Commission meeting on August 20, 2002 this policy was
discussed and approved by the Library Commission and recommended
for Board adoption.
The Meeting and Group Study Rooms Policy is an amendment to the
Meeting Room Policy adopted by the Village Board on March 26, 2002.
The policy has worked quite well for the use of the Friends of OBPL
Meeting Room with the exception of having groups leave by closing
time.
This amendment permits the forfeiture of the room deposit should a
group not close its meeting in sufficient time to return the room
furnishings to their original arrangement and complete all clean -up by
the time scheduled on their room reservation agreement. Additionally,
the use of the group study rooms has been added.
Motion by Trustee Korin, seconded by Trustee Savino, to pass
Ordinance 2002- LY- EXl -S- 10205, "An Ordinance Adopting the First
Comprehensive Amendment to the Library Meeting Rooms and Group
Study Rooms Policy." 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
I
Page 7 of 12 September 24, 2002
8. C. AWARD OF CONTRACTS:
AWARD CT
1. 2003 PAVING PROJECT — PROFESSIONAL ENGINEERING 2003 PVG PROJ -
RFRVTC FC ENG SERV
The Village Board authorized staff to negotiate a contract with James J.
Benes & Associates, Inc. for Professional Engineering Services for the
2003 Paving Project. Staff has been working with the consultant and the
contract is a culmination of those efforts. The Agreement has been
reviewed by Attorney Martens and Purchasing Director Kapff and found
acceptable as to form.
Motion by Trustee Miologos, seconded by Trustee Caleel, that the
Village Board authorize the agreement with James J. Benes and
Associates, Inc. for Professional Engineering Services regarding this
project in the not -to- exceed amount of $56,146.00. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. ADOPTION OF 2003 -2007 FIVE -YEAR FINANCIAL PLAN
Two options were presented for the Board's consideration. The first
option consists of the Plan presented to the Board at its Regular Meeting
of September 10, 2002. The second option (Option B) is the result of
discussions between Finance Director Langlois and Trustees Korin and
Miologos, and differs from the original Plan as follows:
1. The potential 1% increase in the telecommunications tax is
eliminated (the original Plan includes the imposition of the tax in
2004).
2. The sales tax increase assumption is revised to 2% in 2003, 3% in
2004, 4% in 2005 and 5% in 2006 and 2007 (the assumptions in the
original Plan are 2% in 2003, 3% in 2004 and 2005, and 4% in
2006 and 2007). Staff will strive to limit the 2003 assumption to
1% when preparing the 2003 Budget.
3. The redirection of the Equipment Replacement Fund share of the
utility tax (1 %) to the General Corporate Fund is extended for a
second year (through 2004, rather than 2003 as proposed in the
original Plan).
4. The operating budget is reduced in 2004 through 2007. These
unspecified reductions are classified as "Adjustment due to
Revenue Limitations ", and the amounts are intended to enable the
General Corporate Fund to maintain its six month reserve given the
options described above.
VILLAGE OF OAK BROOK Minutes
Page 8 of 12 September 24, 2002
ADPT 03 -07 5 -YR
EINAN PLAN
8. D. Staff has recently begun the process of developing the 2003 Budget, and
will complete that process consistent with the version of the Five -Year
Financial Plan adopted by the Board.
Finance Director Langlois offered that the difference between the two
options is philosophical. He explained that when the Five -Year
Financial Plan is prepared, a fairly conservative approach to expenses is
taken with the expectation that not all of those expenses will happen.
Increased revenue was scheduled in order to meet the expenses, but
again with the expectation that it might not be needed. However, the
current corporate fund shows the need for increased revenue three years
out because the current plan has taken out all personnel additions which
could be used in the future to offset the need for increased revenue.
He explained that Option B does not include a revenue increase and
therefore three years in the future expenses will need to be cut. He
added that the 2003 Budget will be prepared very tightly whichever
option is chosen.
Director Langlois noted that personnel additions that have been in
previous plans have been eliminated completely for this Five -Year
Financial Plan. He indicated that ten positions have been eliminated.
Trustee Aktipis commended staff for their attempt to match projected
expenses to revenues.
Trustee Caleel was concerned of the 2% assumption of an increase in
revenues for 2003. Director Langlois indicated that during the budget
process staff would strive to base the budget on 0% growth or 1%
growth.
Trustee Korin expressed concern that the cost for the purchase of a
replacement fire engine was included for 2003 in the Five -Year Plan and
the 2003 budget. During a discussion at a previous meeting Trustee
Korin and Trustee Miologos expressed a desire to have this expenditure
postponed until 2004. Finance Director Langlois responded that by
including it in 2003 it provided flexibility for the Board to take
advantage of other savings of which the Village is currently unaware by
taking delivery in 2003 as the purchase process is in the early stages.
Gerald McInerney, 27 Blue Grass Court, addressed the Board on the
topic of the Five -Year Financial Plan. He felt that after listening to
discussions by the Board that the discussions put an emphasis on short
term topics such as budgeting and cash -flow and he urged them to take a
more strategic viewpoint by looking for ways to increase revenues and
reduce expenditures for the long term.
VILLAGE OF OAK BROOK Minutes Page 9 of 12 September 24, 2002
8. D. Motion by Trustee Miologos, seconded by Trustee Caleel, to adopt
Option B of the 2003 -2007 Five -Year Financial Plan. ROLL CALL
VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
In a related topic, Acting Manager Crotty commented that the Board
Objectives included staffing initiatives for the Police Department and
Fire Department. He asked whether the Board wished to delete these
objectives from the document since they were not included in the Five -
Year Financial Plan. He added that the objectives did have a caveat that
the positions would only be filled with Board approval. Consensus was
that they should be removed from the list of objectives.
E. MUNICIPAL COMPLEX PROJECT — HVAC ENCLOSURE CHANGE MCP - E -1VAC ENCL
ORDER
Pursuant to the Board's request, four options for enclosing the HVAC units
at the east end of the Municipal Complex have been provided.
The options include construction of a cedar fence, a fence consisting of
masonry piers with wood fence infill, a fence consisting of masonry piers
with metal panel infill, and a continuous masonry wall. Construction of any
one of these options will require a change order, and the cost of the change
order will range from $8,298.00 to $63,931.00, depending on which option
is selected.
Ron Gall from Harbour Contractors and Tom Jacobs from Earth Tech, Inc.
were in attendance to formally present the options and answer any
questions.
Mr. Jacobs, Project Manager and Vice President for Earth Tech, Inc., made
a visual presentation of the four options. He added that the original concept
for the screening wall was to be masonry to match the existing building but
as the design of the project progressed it was decided, as a value
engineering item, to change the screening wall to cedar to save money.
He reminded the Board that this area was not the primary entrance to the
building and public traffic was not expected to go through the nearby
doorway. He explained the landscaping for the screening wall.
VILLAGE OF OAK BROOK Minutes Page 10 of 12 September 24, 2002
8. E. Discussion ensued relative to the life expectancy of the cedar fencing. Mr.
Jacobs responded that life expectancy was approximately 15 — 20 years, but
that it required ongoing maintenance and would provide the least amount of
sound barrier.
Mr. Jacobs provided that the masonry screening wall would include the
same landscaping and would provide the most reduction in sound.
The Board discussed the metal /masonry combination indicating that there
was virtually no noise reduction, would have little maintenance but was
vulnerable to denting and the cost difference was not sufficient to make it
viable.
Trustee Caleel felt that the cedar screening was appropriate considering the
financial position of the Village with consideration of the masonry screen
when replacement of the cedar was necessary.
Trustee Aktipis and Miologos felt that aesthetically the cedar screening did
not project the image that the Village Commons should portray.
Motion by Trustee Miologos, seconded by Trustee Aktipis, to authorize the
seeking of bids for a masonry HVAC enclosure. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT: None.
B. VILLAGE MANAGER: None.
10. DEPARTMENTAL REPORTS: No Business
11. UNFINISHED AND NEW BUSINESS:
Trustee Korin asked for explanation of the future change orders report which
included an item for labor escalation. Mr. Gall responded that the project began
later than anticipated and the contracts have gone into a new union period.
Discussion ensued related to the schedule of the project.
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
VILLAGE OF OAK BROOK Minutes Page 11 of 12 September 24, 2002
0
INFO & UPDATES
VLLG PRES
VLLG MGR
DEPT. RPTS
UNFIN & NEW
BUSINESS
0-11 IER BUS.
13. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Aktipis, to adjourn the meeting
at 8:50 p.m. VOICE VOTE: Motion carried.
ATTEST:
Chi! rJ`f' G�/i
Carol L. Harty
Deputy Village Clerk
VILLAGE OF OAK BROOK Minutes Page 12 of 12
September 24, 2002
ADJRN