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Minutes - 10/09/2007 - Board of TrusteesMINUTES OF THE OCTOBER 9, 2007 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 22, 2008. 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, Mom Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: None. IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney; James Bodony, Fire Chief, Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Bruce F. Kapff, Director of Information Services & Purchasing; Darrell J. Langlois, Finance Director; Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of Police and Trey VanDyke, Golf Club Manager. 3. PRESIDENT'S OPENING COMMENTS President Craig announced that Trustee Carson was working with the Village Manager, staff and trustee liaisons to fill vacancies on the Village commissions and committees. He also addressed the issue of legal bills incurred as the result of his initial appointment of an Acting Village Manager when he took office. He felt the manner in which the Board addressed the issue was inappropriate and if he were asked to vote on the issue he would vote against the payment of the fees. 4. RESIDENT /VISITOR COMMENT Resident Richard Black addressed the Board inviting them and all residents to attend the anniversary celebration commemorating the fifth year of operation of the Library in the new building. The event was presented by Library staff, supported by the Library Commission and the Friends of the Library. 5. APPROVAL OF MINUTES - None presented. VILLAGE OF OAK BROOK Minutes Page 1 of 13 OCTOBER 9, 2007 6. 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 OCTOBER 5, 2007 - $903,154.16 Significant Items included in Above: 2) Holland & Knight LLP - Legal Services - August, 2007 - $13,589.00 3) Klein, Thorpe and Jenkins, Ltd. - Legal Services - Police Department - August, 2007 - $1,475.00 4) R. W. Dunteman Company - Payout 92 - 2007 Paving Project - $445,547.66 5) Civiltech Engineering — Payout 413 & Final — 31" Street Bicycle Path — $12,556.89 6) Kubiesa, Spiroff, Gosselar, Acker & Kern - Legal Services - July, 2007 - $23,947.00 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 22, 2007 - $711,694.24 C. COMMUNITY DLVELOPMENT REFERRALS 1) VILLAGE OF OAK BROOK - TEXT AMENDMENT - PORTABLE STORAGE UNITS At the present time, the Village has no specific regulations that address the issue of portable storage units on private property. Since the use of these units are growing in popularity, several homeowners associations have commented on the need to set parameters on where these units can be placed and for how long. To that point, Staff is recommending that the Zoning Ordinance be amended to include language which addresses portable storage units. The requested action was to refer the request for a text amendment to the Zoning Ordinance relative to establishing requirements for the placement of portable storage units on private property to the Plan Commission for review and recommendation at its November 19, 2007 meeting and to the Zoning Board of Appeals for public hearing at its December 4, 2007 meeting. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS - None presented E. BUDGET ADJUSTMENTS - None presented VILLAGE OF OAK BROOK Minutes Page 2 of 13 OCTOBER 9, 2007 6. F. HAWKS SOCCER CLUB — ORDINANCE S -1211, AN ORDINANCE GRANTING A SPECIAL USE FOR THE DEVELOPMENT OF ADDITIONAL SOCCER FIELDS AND RELATED IMPROVEMENTS AT 1315 AND 1425 KENSINGTON ROAD IN THE VILLAGE OF OAK BROOK The Board of Trustees directed the Village Attorney to prepare an ordinance which grants a special use for improvements to the Hawks Soccer Fields at the McDonald's property located at 1315 and 1425 Kensington Road. The requested action was for Passage of Ordinance S -1211, An Ordinance Granting a Special Use for the Development of Additional Soccer Fields and Related Improvements at 1315 and 1425 Kensington Road in the Village of Oak Brook. G. EVERGREEN BANK - ORDINANCE G -842, 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 -IOD TO REQUIREMENTS FOR OFF - STREET PARKING SPACES The Board of Trustees directed the Village Attorney to prepare an ordinance which grants a text amendment to Article A of Chapter 7 of Title 13 of the Village Code of the Village of Oak Brook to add a permitted use for banks and financial institutions in Section 13 -I0D. The requested action was for Passage of Ordinance G -842, 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 in Section 13 -10D. H. GUINTA'S FIRST ASSESSMENT PLAT - RESOLUTION R -998, A RESOLUTION APPROVING GUINTA'S FIRST ASSESSMENT PLAT - 3108 WHITE OAK LANE, OAK BROOK, ILLINOIS 60523 Michael Guinta, the owner of the parcel located at 3108 White Oak Lane has submitted an application for the Guinta's First Assessment Plat and requests approval. It is the applicant's intent to construct a single - family home on the parcel. Due to the fact that the existing parcel was never formally subdivided, the assessment plat is required as a prerequisite to obtaining a building permit from the Village of Oak Brook. Village Engineer Durfey concurs with the recommendation to approve this assessment plat. VILLAGE OF OAK BROOK Minutes Page 3 of 13 OCTOBER 9, 2007 6. I. The requested action was to approve the Guinta's First Assessment Plat for the property located at 3108 White Oak Lane and for passage of Resolution R -998, A Resolution Approving Guinta's First Assessment Plat -3108 White Oak Lane, Oak Brook, Illinois 60523. J. RESOLUTION R - 997, A RESOLUTION REGARDING AUTHORIZATION FOR CHECK SIGNERS Three individuals were authorized to sign checks for the Village. They were the Village Treasurer, Assistant Finance Director and the Village President. Due to the appointment of David Niemeyer as Village Manager action is required in order to add him as an authorized check signer for the Village. Resolution 997 removes Assistant Finance Director Sharon Dangles, who has been signing checks on a temporary basis until a permanent Village Manager was named, as an authorized signer and replaces her with David Niemeyer as Village Manager. The requested action was for passage of Resolution R -997 regarding authorized check signers for the Village of Oak Brook. K. RATIFICATION OF WEST ELEVATED TANK PAINTING CONTRACT CHANGE ORDER #3 Change Order No. 3 is an aggregate a five (5) separate work items resulting in a contract increase of $36,420.00, bringing the total contract amount to $435,286.00. All of the following work and associated costs have been reviewed by our consulting engineer, Dixon Engineering Inc. and have been found to be appropriate and fair. Please note that two of the items, though not foreseeable when the contract was signed, became apparent while the contractor performed the specified work on the east tank. Item 1. 12" fill pipe. Upon removal of the fill -pipe insulation and partial removal of the fill -pipe itself, excessive pitting (small surface holes) was discovered that in the opinion of the welder and Dixon Engineering, was too severe to "patch weld" and in fact, should be replaced. As this could not have been discovered during Dixon's initial inspection on the tank, which was the basis for our specifications, replacement could not have been foreseen. That being said, it is important to note that the tank is 46 years old and replacement of various components becomes more common with age. Cost-$23,710.00 Item 2. Pipe and valve removal and retrofit. This item underscores that an overall savings was realized for this particular work by having the present welder perform the work rather than another contractor not associated with the painting contract. Cost - $55500.00 VILLAGE OF OAK BROOK Minutes Page 4 of 13 OCTOBER 9, 2007 6. K. Item 3. Overflow pipe and vortex plate repairs. Cost - $5,900.00 Item 4. Tank light fixture & aviation roof light moved. With installation of the new safety railing atop the tank, mandated 360 degree visibility of the aviation obstruction light could not be maintained. This was not something that could be determined prior to the railing being installed, but was visually identified afterwards; hence the cost to relocate the light and associated appurtenances. Cost - $995.00 Item 5. Antenna cable penetration. This was a minor detail that needed to be field determined once the safety railing was installed. Note; this penetration is for our radio repeater antenna and our automatic water meter reading antenna that are situated on top of the tank. Cost - $315.00 Time Extension. Due to the above work, the contractor is requesting a time extension of 30 days. Both Dixon and the Village agree this is appropriate and should not affect the tank being completed yet this fall. Cost -0- Though this change increases the total contract amount to $435,286, or $35,286 over budget, a truer accounting would reflect a budget overage of $17,286 if the $18,000 budgeted in Program 351 -7170 for pipe and valve removal and retrofit (Item No. 2) is included. Nevertheless, the over budgeted amount can and will be accounted for by savings in other Water Fund budget line items. The requested action was to approve Change Order No. 3 which increases the contract amount by $36,420.00 and extend the contract substantial completion date by thirty (30) days 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 interests of the Village, and is authorized by law. Motion by Trustee Kennedy, seconded by Trustee Wolin, 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. 7. ITEMS REMOVED FROM CONSENT AGENDA 6. A. 1) Kubiesa, Spiroff, Gosselar, Acker & Kern - Legal Services - Gaik/Horne Litigation - $10,132.50 Trustee Manofsky asked to have this item removed from the Consent Agenda because she wished to vote against it. She indicated that it was Attorney VILLAGE OF OAK BROOK Minutes Page 5 of 13 OCTOBER 9, 2007 E� A 6. A. 1) Kubiesa himself who suggested the litigation and she felt that there could have been other recourse to settle the issue. Trustee Saiyed felt that the fees were high and Trustee Carson asked Attorney Sterk if he had reviewed the bills to determine if some negotiation of the amount could be made. Attorney Sterk replied that he had reviewed the bill and did not believe that the charges were out of line. Motion by Trustee Kennedy, seconded by Trustee Wolin, to authorize payment of the Kubiesa, Spiroff, Gosselar, Acker & Kern Legal Services bill for the Horne Litigation in the amount of $10,132.50. ROLL CALL VOTE: Ayes: 4 - Trustees Carson, Kennedy, Sanford and Wolin. Nays: 2 - Trustees Manofsky and Saiyed. Absent: 0 - None. Motion carried. 6. I. CANTERBERRY LANE RESTRICTED ACCESS Based upon discussion at the Village's September 11"' meeting wherein it appeared to be the consensus to restrict the use of Canterberry Lane by large buses, and that in order to post appropriate signage and provide the necessary enforcement of said restriction, an ordinance excluding certain designated types of traffic (vehicles) from using Canterberry Lane must be passed by the Village Board. The requested action was to direct the Village Attorney to prepare the necessary ordinance(s) to prohibit the use of Canterberry Lane by any long, wheel -base school or commercial bus. Trustee Kennedy suggested that while the issue was being addressed for Canterberry Lane the rest of the Village should be reviewed to see if this should be extended to any other streets. The Village Engineer, Dale Durfey and the Police Chief, Thomas Sheahan indicated that to their knowledge no other streets needed to be addressed. Motion by Trustee Kennedy, seconded by Trustee Manofsky to direct the Village Attorney to prepare the necessary ordinance(s) to prohibit the use of Canterberry Lane by any long, wheel -base school or commercial bus. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. BOARD & COMMISSION RECOMMENDATIONS - None presented. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented VILLAGE OF OAK BROOK Minutes Page 6 of 13 OCTOBER 9, 2007 9. B. ORDINANCES & RESOLUTIONS - None presented C. AWARD OF CONTRACTS 1. STATE BID OF DEICER SALT The Village Board, at the February 27, 2007 meeting approved the Village's participation in the State's Joint Purchasing Program for deicer salt. The Village has been notified that the low bid received was from North American Salt Company in the amount of $38.62 per ton delivered; 7.3% higher than last season's price of $35.99 /ton. As part of the contract with the State, we are obligated to purchase at least 70% of the requisitioned amount (1,050 tons), and the vendor is obligated to sell us 130% of the requisitioned amount (1,950 tons) at the stated unit price. The vendor is not obligated to honor the contract price for purchases in excess of 130 %. However, as we use approximately 1,500 tons during a typical winter season, the requisitioned amount plus an additional 300 tons which are presently on hand should be sufficient to carry us through the season. Additionally, as we are on a calendar year budget, funding for our deicer salt needs must be split between two fiscal years, 2007 and 2008. To date, $39,862 has been expended out of $56,790 budgeted in FY -07. Therefore, any deicer salt purchased during the balance of this year will be charged against FY -07 and any purchases after December 31, 2007 will be included and charged against FY -08. Motion by Trustee Wolin, seconded by Trustee Kennedy, that a purchase order be issued to North American Salt Company in the amount of $57,930 for 1,500 tons of highway deicer salt based on the contract unit price of $38.62 per ton delivered. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. D. RATIFICATION OF TRAFFIC SIGNAL POLE & MAST ARM ASSEMBLY REPLACEMENT As previously reported in the Manager's Memo of February 2, 2007 and accompanying memoranda, Meade Electric erected temporary traffic signal poles, mast arm assemblies and signal heads on the NE, NW, and SE corners of Spring and Harger and on the NE corner of Spring and Commerce due to unsafe pole conditions that were discovered. Just recently, Meade received and installed new poles and mast arm assemblies for the same stated corners at the total cost of $35,030.00, which was their estimate back in late January when this situation surfaced. VILLAGE OF OAK BROOK Minutes Page 7 of 13 OCTOBER 9, 2007 9. D. Despite the emergency nature of the matter and consequent exclusion in the FY -07 budget, expenses can and will be accounted for by cumulative savings in various other line items within Program 362. Motion by Trustee Wolin, seconded by Trustee Kennedy, to ratify the emergency expense of replacing the traffic signal pole and mast arm assemblies at the NE, NW, and SE corners at Spring and Harger and the NE corner at Spring and Commerce by Meade Electric Co., in the amount of $35,030.00. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. F. EVERGREEN BANK - 1515 22ND STREET - VARIATION — SECTION 13 -11- 11 A.2 OF THE SIGN REGULATIONS - CONTINUED FROM SEPTEMBER 25 At the September 25, 2007 meeting, the Village Board continued the variation request from Evergreen Private Bank to the next meeting so that the applicant could meet with Village Staff to discuss and analyze additional alternatives which may be available. Since that meeting, staff had one conversation with Mr. Paul Leak who is with the Bank. Because of his work schedule, Mr. Leak has not had a chance to analyze what other options are available to him. I have also forwarded the Bank's request to John Houseal of Houseal Lavigne for his input and comments. Motion by Trustee Sanford, seconded by Trustee Kennedy, to continue the request for a sign variation from Evergreen Private Bank to a future meeting so that the applicant can meet with Village staff to discuss and analyze additional alternatives. VOICE VOTE: Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -841, AN ORDINANCE FURTHER AMENDING ORDINANCE G -470 ESTABLISHING A UTILITY TAX IN THE VILLAGE OF OAK BROOK, ILLINOIS The Village first imposed utility taxes on various utilities in 1991. When the tax was originally imposed, the tax was assessed on electric, natural gas, and telephone services within the Village. The enabling utility tax ordinance included a one year "sunset" provision so that the Village Board could review VILLAGE OF OAK BROOK Minutes Page 8 of 13 OCTOBER 9, 2007 10. B. 1) both the necessity and the rates of tax annually. The tax has been re- imposed each year thereafter (at varying rates), and the current ordinance imposing this tax expires on December 31, 2007. In the mid- 1990's, the Village stopped assessing utility taxes on telephone service and instead implemented a telecommunication tax, which effectively resulted in the Village receiving taxes on long distance service instead of just local telephone service. Furthermore, due to deregulation of the electric industry, beginning in 1998 the Village began implementation of an "electricity tax ", which is a ten - tiered tax rate structure that resulted in the phasing out of the gross receipts utility tax (at the present time the rates are designed to approximate a 5% gross receipts tax). The Finance Director recommended that the current utility tax be extended at the 5% rate through December 31, 2008. Motion by Trustee Manofsky, seconded by Trustee Kennedy, that the Village Board adopt Ordinance G -841, "An Ordinance Further Amending Ordinance G- 470 Establishing a Utility Tax Within the Village of Oak Brook, Illinois" which extends the imposition of the utility tax on natural gas and electricity at the rate of 5% through December 31, 2008. 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) PROFESSIONAL SERVICES - 22ND STREET IMPROVEMENT PROJECT - LOBBYIST Since 2006, the Village of Oak Brook and the City of Oakbrook Terrace employed the services of William Filan as a consultant to assist with issues at the State level. Mr. Filan had been asked to assist in seeking funds for the 22nd Street improvement. As the two municipalities have been working on this roadway improvement together we were asked once again to participate financially with their consultant. The 22nd Street add lanes project (IL 83 to just west of IL 56) received Design Approval in 2002; currently there are no monies in the State's Road Program to perform Phase II (design plans) or Phase III (construction). The scope of the project is to widen the road to six lanes generally within the existing Rights -of- Way. In 2002 the estimated cost of the project was just under $14 M for construction; Phase II Engineering is generally 8 -10% of the construction costs. VILLAGE OF OAK BROOK Minutes Page 9 of 13 OCTOBER 9, 2007 10. C. 1) By hiring a lobbyist with ties to the current State administration we would hope to find some funding source, to finance the Phase II Engineering and construction. The legislative session has been significantly extended this year. I have spoken with Mr. Filan and he has been actively working for the two communities throughout the summer and is seeking additional compensation for his work on this issue. Our share of the contract would increase from $7,000 to $11,200 and would cover services to the end of the calendar year. As the 22nd Street (11 83 to I1 56) widening project is vital to relieving a major area of traffic congestion and a priority project of the Village of Oak Brook and the City of Oakbrook Terrace we need to explore all options to fiend this long overdue improvement; by continuing to use a lobbyist we may be able to tap into certain funding sources to keep this project moving forward. As such it is recommended that the Board approve working with Oakbrook Terrace in increasing our share of the Lobbyist contract with William Filan from $7,000 to $11,200 for his services. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve an increase in Oak Brooks portion of our joint agreement with the City of Oak Brook Terrace to hire a professional lobbyist relative to the 22nd Street (I1 83 to 11 56) Improvement Project. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. D. WATER RATE REVIEW In 2005 the Village hired the firm of Alvord, Burdick & Howson, LLC to conduct a comprehensive water rate study for the Village's water system. The purpose of the study was to come up with a rate program that would provide for system improvements over the next five years, provide for storage enhancements (some of this would be bonded for), and to begin setting aside funds for the eventual replacement of older water main segments. As a result of this study, effective January 1, 2006 the Village's water rate was increased from $2.85 to $3.25 per 1,000 gallons. Future increases of 3% annually were required in order to finance the operating and capital improvement program through 2020. Subsequent to approving this study several material events have taken place that warrant taking another look at water rates. These items include: • A reduction from $1.45 to $1.25 in the target wholesale rate for water purchased from the DuPage Water Commission (DWC). • Receipt of a rebate payment of $1,927,342 from DWC due to a revision in their reserve policies. VILLAGE OF OAK BROOK Minutes Page 10 of 13 OCTOBER 9, 2007 10. D. • An increase in revenue of $350,000 due to an agreement in principal to sell the portion of the water system located in unincorporated Elmhurst to the City of Elmhurst. • A reduction in revenue net of water supply costs of approximately $90,000 per year due to the sales transaction to Elmhurst. This loss of revenue is more than offset by elimination of $6.1 million in water main replacement costs scheduled for 2017 -2019. The Elmhurst mains being sold were the first ones scheduled for replacement. • The Village Board elected to hold water rates at the rate of $3.25 per 1,000 for 2007 when an increase to $3.36 was included in the 2005 study. • A review of the road program indicates major road work in Timber Trails in 2016. Thus, especially with the elimination of the Elmhurst mains, it makes sense to move the Timber Trails water main replacement from 2018 -2019 up to 2016 when the road work takes place. This moves $5.3 million of costs up several years. • The Village is moving forward with improvements to three separate water main segments totaling approximately $1.3 million as part of the I- 88/22" d Street bridge project. None of these improvement were included in the 2005 rate study. Taking into account all of these factors, staff has forecasted water rates under four options in order to meet revenue requirements of the system as well as providing for the capital improvements contemplated in the 2005 study. While it is impossible to exactly duplicate the 2005 study, our projections were done with a goal of achieving an ending cash position in 2020 that was materially close to that projected in the 2005 study. • Under Option 1 the water rate is reduced to $3.05 in 2008 in order to fully pass along the $0.20 reduction in the wholesale rate by DWC and rates increase by 3% each year in accordance with the 2005 study. The downside with this option is that it actually deviates by $0.42 from the rate study as the 2008 rate projected was $3.47. This difference reduces the ending cash position by approximately $300,000 below the six month reserve requirement for the 2020 projection period. Furthermore, there would be a negative cash balance in 2016 due to advancing the Timber Trails water main replacements. Proper perspective should be given to these issues since the planning period is so long (15 years) and there will be so many other variances that these problems may never in ,fact materialize. Nevertheless, a 2008 rate that is $0.42 below what was originally called for in the 2005 study does not provide the Village with much "cushion" should new costs develop or should the current or future Board deviate from the increases called for. VILLAGE OF OAK BROOK Minutes Page 11 of 13 OCTOBER 9, 2007 10. D. • Under Option 2 the water rate is reduced to $3.15, which is a reduction of $0.10 from the current rate and $0.32 below the rate called for in the 2005 study; each year thereafter rates would increase by 3 %. The advantage of this option is that it fixes the cash flow problem in 2016 encountered under Option 1, and in 2020 the ending cash position is $2.5 million greater than Option 1. This is significant since at that time capital funding will be an issue since water main work averaging $4.6 million per year is expected in 2021 -2025. • Under Option 3 the water rate is reduced to $2.95, which is $0.30 below the current rate and $0.52 below the 2008 rate called for in the prior study; the rate increases 4% per year thereafter. The theory here is that if the Board is willing to live with higher increases later the rate can be reduced further today. In this option there is a minor cash flow problem in 2016 once again due to the Timber Trails mains but in 2020 the ending cash position is very similar to Option 2. The danger in this scenario is that once the rate is lowered the Board may be reluctant to adopt the increases scheduled later, which could put the entire capital program in jeopardy or require significant borrowing. • Under Option 4, the Village would hold the existing water rate at $3.25 for an additional two years, which would be a reduction of $0.22 for 2008 and $0.32 for 2009 from the rates called for in the 2005 study; thereafter rates would increase by 5% every other year. The advantage of this option is the elimination of the need to increase rates each year, which is obviously unpopular. There are no cash flow issues in 2016 as in some of the other options, and the ending cash position in 2020 is similar to that in Options 2 and 3. Based on all factors, staff would recommend that the Board direct implementation of the water rate program indicated under Option 2, which would lower the Village's water rate from $3.25 per 1,000 gallons to $3.15 per 1,000 gallons effective for all consumption after October 31, 2007 and provide for annual increases of 3% thereafter. Trustee Wolin recommended Option 2 because the residents will see a reduction of $.10 per thousand gallons, yet allowing for funds for the required capital improvements. He added that this was actually $.32 per thousand gallons lower than had been recommended by the water rate study. Trustee Sanford expressed his thoughts on the different options indicating that if rates were left at the current level it would decrease the need for bond issues for the capital improvements needed in the future. It could also leave the opportunity to accelerate the water main replacement. Another possible use of the refund could be to start the beautification program. He added that he was willing to support Option 2, but wished to suggest other options for discussion. VILLAGE OF OAK BROOK Minutes Page 12 of 13 OCTOBER 9, 2007 10. D. Motion by Trustee Wolin, seconded by Trustee Manofsky, to direct the Village Attorney to prepare the necessary ordinance to reduce the Village's water rate from $3.25 per 1,000 gallons to $3.15 per 1,000 gallons for all consumption after October 31, 2007 based on Option 2 as presented. 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 - None presented B. VILLAGE MANAGER - None presented. C. VILLAGE CLERK - Clerk Pruss announced that the Wednesday Buffets at the Bath & Tennis Club had been extended through November 28, 2007 12. ADJOURN TO CLOSED MEETING to discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act (2c21) and to consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11). President Craig commented that Ms. Mullins had asked to meet with the Board, which is lawful, in Closed Meeting. President Craig believed this discussion should be held in the open. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn to Closed Meeting at 8:09 p.m. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 13. ADJOURNMENT Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn the Regular Meeting of the Board of Trustees at 9:41 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 13 of 13 OCTOBER 9, 2007