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Minutes - 09/26/2000 - Board of TrusteesVILLAGE OF OAK BROOK Minutes September 26, 2000 UNOFFICIAL UNTIL APPROVED AS WRITTEN X OR AS AMENDED _ BY VILLAGE BOARD ON October 10, 2000. 1. MEETING CALL: MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:32 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Deputy Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Butler, Kenny, McInerney and Savino. ABSENT: Trustees Caleel and Craig. IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Ruth A. Martin, Library Director; Bonnie Sartore, Bath & Tennis Club Manager and Gary Clark, Firefighter/Paramedic. 3. ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE & FORUM Trustee McInerney indicated that he had received a request for feedback from his local state representative in the mail. He stated that he would be completing and providing input on the reduction of costs to municipalities and other governmental units for unfunded mandates. Trustee McInerney stated that he feels that representatives in Washington are not addressing the oil issue. He indicated that today's technology provides us with the ability to be self sufficient, especially if automobiles use ethanol and /or methanol. He stated that other countries currently use these types of fuel. 4. APPROVAL OF MINUTES: MINUTES: BOT 09 /12/00 Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the minutes of the Regular Board of Trustees Meeting of September 12, 2000 as presented and waive the full reading thereof. VILLAGE OF OAK BROOK Minutes Page 1 of 9 September 26, 2000 President Bushy requested a clarification on page 7, agenda item 8.A. She requested that the last sentence of the first paragraph read, "This leads ultimately to discussions of what municipal service residents would be willing to do without when revenues are not available to pay for public services ". She also asked that the last sentence of the second paragraph read, "President Bushy suggested that the Homeowner Association Presidents and homeowners in the gated subdivisions be contacted to see if they would like to purchase the signs for their private streets." Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the minutes of the Regular Board of Trustees Meeting of September 12, 2000 as amended and waive the full reading thereof. VOICE VOTE. Motion carried. Trustee Savino abstained. 5. OMNIBUS AGENDA: Trustee McInerney requested agenda item 5.C. Change Orders, be removed for further discussion. Motion by Trustee McInerney, seconded by Trustee Savino, to approve the Omnibus Agenda with the removal of agenda item 5.C. ROLL CALL VOTE: Ayes: 4 - Trustees Butler, Kenny McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Caleel and Craig. Motion carried. APPROVAL: A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS - $602,649.27 B. APPROVAL OF PAYROLL: PAYROLL- 1) FOR PAY PERIOD ENDING SEPTEMBER 16, 2000: Approved Omnibus Vote. $424,019.93 (gross) D. PAYOUTS: 1) CIVILTECH ENGINEERING, INC. - PAYOUT #19 - YORKMARGER YORK/HARGER BIKE TRAIL - $2,299.02: Approved Omnibus BIKE TRAIL Vote. 2) JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #1 - 2001 2001 PAV PAVING DESIGN - $436.55: Approved Omnibus Vote. DESIGN E. REFERRALS: None. F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: None. VILLAGE OF OAK BROOK Minutes Page 2 of 9 September 26, 2000 I. G. APPROVAL TO AMEND THE VILLAGE BOARD OF TRUSTEE'S BOT Miry MEETING MINUTES OF JULY 11, 2000: Approved Omnibus Vote. 07/11/00 H. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREAS "T AUGUST, 2000: Approved Omnibus Vote. 08/2000 I. REQUEST FOR TIME EXTENSION - SAMATAS (9 NATOMA) - SAMATAS FLOOD PLAIN SPECIAL USE AND VARIATION: Approved 9 NATOMA Omnibus Vote. FLD PLAIN & SPEC USE 6. ITEMS REMOVED FROM OMNIBUS AGENDA: 5.C. CHANGE ORDERS: 1) CHANGE ORDER #2 - 2000 MFT PAVING PROJECT: 200 MPT PAV PRJ Trustee McInerney indicated that some information had been provided regarding the pipeline that was discovered during this project. He stated that the engineer, James J. Benes & Associates, Inc., who has done previous work for the Village of Oak Brook, should have been aware of this situation and wanted to know what kind of recovery the Village could anticipate. Village Manager Veitch noted that in late August, 2000 he had sent a memorandum to the Village Board concerning the settlement reached with James J. Benes & Associates, Inc. regarding the construction of the concrete pavement. This was for the additional cost that the Village incurred for constructing concrete via change order as opposed to including the concrete design in the bid, which would have been the case had the engineer known of the condition. The Board had previously approved a change order for the concrete construction, which netted out the asphalt items and provided for the concrete construction items. Change Order #2 relates to mobilization issues relating to the pipeline discovery. The Village believes that James J. Benes & Associates, Inc. shares some responsibility and subsequent negotiations would need to take place to offset some or all of the costs associated with this change order. Village Manager Veitch indicated that he and Village Engineer Durfey are in agreement that a lot of this expense would not have been incurred, had James J. Benes & Associates, Inc. known that the pipeline existed. He indicated that the concrete pavement section would have been designed, bidding would have taken place and subsequently built. He feels that the Village has already been fairly compensated for the additional cost of the construction. However, the mobilization issue is a separate matter. VILLAGE OF OAK BROOK Minutes Page 3 of 9 September 26, 2000 Motion by Trustee McInerney, seconded by Trustee Savino, to approve Change Order #2 - MFT Paving Project as presented. ROLL CALL VOTE: Ayes: 4 - Trustee Butler, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustee Caleel and Craig. Motion carried. 7. ACTIVE AGENDA (Items for Final Action A. APPOINTMENTS: None. B. ORDINANCES & RESOLUTIONS: 1) RESOLUTION #2000 -AP -R -755, A RESOLUTION OF RES #00 -AP- APPRECIATION - OAK BROOK BANK: R -755, APPREC OB BANK Motion by Trustee Butler, seconded by Trustee Kenny, to approve "Resolution #2000 -AP -R -755, A Resolution of Appreciation - Oak Brook Bank," as presented. VOICE VOTE. Motion carried. 2) RESOLUTION #2000 -AP -R -756 A RESOLUTION OF RES #00 -AP- APPRECIATION - MARK HOULIHAN, ANDRE RIZZO, R -756, RESOL BECKY MCPARTLIN, MARIA QUIROGA AND GORDON OF APPREC BULEIGH: Motion by Trustee McInerney, seconded by Trustee Kenny, to approve "Resolution #2000 -AP -R -756, A Resolution of Appreciation - Mark Houlihan, Andre Rizzo, Becky McPartlin, Maria Quiroga and Gordon Buleigh," as presented. VOICE VOTE. Motion carried. President Bushy read and presented the Resolution of Appreciation to Mr. William Navolio, representing the Oak Brook Bank for their vision and dedication concerning the health and well -being of their employees and the people who use the Bank's facility by purchasing and training employees in using an Automated External Defibrillator (AED). She also read and presented a Resolution of Appreciation to Mark Houlihan, an employee of Oak Brook Bank, who is named in recognition for his heroism in using the AED and was instrumental in saving the life of a cardiac arrest victim on June 27, 2000. Gary Clark, Firefighter /Paramedic with the Oak Brook Fire Department stated that he took the liberty of nominating Mr. Houlihan with the American Heart Association. He read and presented him with a Heart Saver Award, which is given to individuals who perform CPR by the VILLAGE OF OAK BROOK Minutes Page 4 of 9 September 26, 2000 NR American Heart Association. Awards were also given for all individuals named on the Resolution of Appreciation. C. AWARD OF CONTRACTS: None. D. ADOPTION OF 2001 -2005 FIVE -YEAR FINANCIAL PLAN: 2001-2005 FIN PLAN Based on the discussion at the September 12, 2000 Village Board meeting, the narrative concerning the Police and Firefighters' Pension Funds has been expanded to add to the discussion of the "Future Considerations" mention of the need to re- examine the current defined benefit design of these State - mandated plans in the interest of long term cost management and competitiveness. Trustee McInerney read a revised narrative included in the "Future Considerations" section under Police and Firefighters' Pension Funds. He indicated that this was included because of unfunded mandates which affect the pension plans for Police and Firefighters. Motion by Trustee McInerney, seconded by Trustee Kenny, to adopt 2001 -2005 Five -Year Financial Plan as modified based on the discussion at the Board Meeting of September 12, 2000. ROLL CALL VOTE: Ayes: 4 - Trustees Butler, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Caleel and Craig. Motion carried. Trustee Savino indicated that he was not able to attend the previous Board of Trustee's Meeting. He had inquired about the possibility of putting a fence around the HVAC unit that are made of similar materials as the Village's Municipal Project building for aesthetics and to potentially minimize maintenance costs, which may be incurred with a wooden fence. He also inquired about the possibility of greening up the parking lot. Village Manager Veitch indicated that these issues could be accomplished by a Change Order or as an alternate during the bidding process, if feasible financially. E. APPOINTMENT OF FINANCIAL ADVISOR - R.V. NORENE & APPT FIN ASSOCIATES, INC.: ADVISOR VILLAGE OF OAK BROOK Minutes Page 5 of 9 September 26, 2000 F. APPOINTMENT OF BOND COUNSEL - INSTALLMENT CONTRACT FINANCING FOR BATH & TENNIS CLUBHOUSE AND MUNICIPAL COMPLEX PROJECTS: The 2001 -2005 Five -Year Financial Plan includes several major building projects. For two of these projects, the Bath and Tennis Clubhouse Expansion project and Municipal Complex project, financing was anticipated to either fund or partially fund these projects. In order to effectuate the financing, it is necessary to appoint both a financial advisor and bond counsel. Staff is recommending the Village enlist the same financing team that was used for the issuance of $820,000 in installment contract certificates for the golf club irrigation system replacement last fall. The cost related to R.V. Norene and Associates for financial advisory services is based on the same fee schedule as last year (a $4,500 flat -fee cost for the first $1.0 million issued, plus $2.75 per thousand in excess of $1,000,000). The $7,500 fee to Katten Muchin & Zavis to serve as bond counsel for the $1.7 million issue is equal to the fee for the golf course irrigation system project. For the $4.0 million issue, the fee is higher at $12,000, but is reasonable due to the fact that it is a larger debt issue. Staff was quite satisfied with the services of these two firms for the last debt issuance, and based on the fees quoted, recommends their appointment for the two new issues. Motion by Trustee McInerney, seconded by Trustee Savino, to (1) appoint R.V. Norene & Associates as Financial Advisor and (2) appoint Katten Muchin & Zavis as Bond Counsel for the issuance of installment contract certificates of $1.7 million for the Bath and Tennis Clubhouse expansion project and $4.0 million for the Municipal Complex project. ROLL CALL VOTE: Ayes: 4 - Trustees Butler, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 2 - Trustees Caleel and Craig. Motion carried. G. AUTHORIZATION FOR NEW LIBRARY DONOR WALL SPACE AND LARGE DONOR RECOGNITION - LIBRARY FOUNDATION: The request appears to be in line with the typical practice for recognizing donors to public and quasi - public facilities and that approach appears to be appropriate with respect to recognizing donations to the Foundation, which in turn is funding approximately twenty - percent of the cost of the new structure. VILLAGE OF OAK BROOK Minutes Page 6 of 9 APPT BOND COUNCIL LIBRARY DONOR WALL September 26, 2000 Motion by Trustee Butler, seconded by Trustee McInerney to, authorize the use of public wall space within the new Oak Brook Public Library as a donor wall and authorize the Library Foundation Board to work with large donors for special recognition. Village Attorney Martens indicated that the Village of Oak Brook should be included in the motion for a clarification. Motion by Trustee Butler, seconded by Trustee McInerney to authorize the use of public wall space within the new Oak Brook Public Library as a donor wall and authorize the Library Foundation Board to work with large donors and the Village Board for special recognition. VOICE VOTE. Motion carried. 8. INFORMATION & UPDATES: INFO & UPDATES: A. VILLAGE PRESIDENT: VLLG PRES President Bushy indicated that this morning she was included in a press conference held in Niles on the subject of sales tax on the internet. It was hosted by Mayor Blase of the Village of Niles and Mayor Mullins of the Village of Palatine. Representatives from the shopping center industry and Senator Rauschenberger from the Illinois State Senate were also included. President Bushy was invited to participate as an elected official in an editorial board interview with "Crain's Chicago Business" this afternoon. Also attending were representatives from the Illinois Retail Merchant's Association, the shopping center industry, a representative from Target stores and Senator Rauschenberger. She stated that she was unsure if they understood the plight of municipalities regarding the sales -tax issue on the internet. The editor who conducted the interview did ask if he could contact President Bushy if further information was needed before they make their decision and go to press. President Bushy stated that one of the reasons for these occurrences today was because the shopping center industry paid for a professional survey asking for opinions of approximately 400 registered voters. Initially the survey asked "uneducated discussion" questions regarding their opinions of paying sales -tax on purchases made on the internet. Approximately 34% indicated that they would prefer to pay sales -tax on the internet. Then they asked "push" questions, where more information is provided regarding the effects of no sales -tax on internet sales. When the questions were posed after having been provided more VILLAGE OF OAK BROOK Minutes Page 7 of 9 September 26, 2000 information, approximately 70% of the participants in the poll indicated that they would prefer to pay sales -tax on the internet rather than have municipal services paid for by way of new or added taxes such as property taxes. President Bushy indicated that more education to the public is important and necessary. President Bushy stated that she would be attending a Northeast Illinois Plan Commission (NIPC) meeting tomorrow. They are hosting an Economic Development group from the Metropolitan Mayor's Caucus. This is a working project that, when completed, will go to the Department of Commerce and Community Affairs and eventually to the Governor. This will become the working plan for economic development plans for a portion of northeast Illinois. President Bushy indicated the possibility that the Governor may recommend the plan become a working document for the state of Illinois. B. VILLAGE MANAGER: VLLG MGR Village Manager Veitch provided an update regarding road maintenance by DuPage. During the second two weeks of October, work will take place on York Road between 31St Street and 22nd Street and on 31St Street between the Village Hall and Interstate 294. The intersection of 31 st Street and York Road is included in the work. Also, the widening and reconstruction of Midwest Road from Baybrook Lane south of Interstate 88 to 39th Street in Westmont has been awarded by the County. It is believed that construction will begin within the next month. Elkay Manufacturing, with headquarters located in Oak Brook, is celebrating its 80th anniversary and is having an Open House on Saturday, September 30, 2000 from 11:00 a.m. to 4:00 p.m. An Open House is also being provided at their manufacturing plant in Broadview during the same hours with shuttle buses being provided. A representative from the Village will be attending to receive Elkay's donation of water fountains and coolers for the new Oak Brook Public Library. 9. DEPARTMENTAL REPORTS: No Business. 10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated): No Business. VILLAGE OF OAK BROOK Minutes Page 8 of 9 September 26, 2000 11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. 12. ADJOURNMENT: Motion by Trustee Savino, seconded by Trustee Butler, to adjourn the meeting at 8:30 p.m. VOICE VOTE. Motion carried. ATTEST: Lin a K. donnella, CMC Village Clerk BOT- 092600 ADJOURN VILLAGE OF OAK BROOK Minutes Page 9 of 9 September 26, 2000 A