Minutes - 10/14/2003 - Board of TrusteesMINUTES OF THE OCTOBER 14, 2003 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON OCTOBER 28, 2003.
1. CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Village Board of Trustees was called to order by
President Quinlan 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:
Deputy Village Clerk Carol Harty called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and
Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Bruce F. Kapff,
Director of Information Services & Purchasing; Darrell J.
Langlois, Finance Director; Kenneth T. Kubiesa, Village
Attorney and Bonnie Sartore, Bath & Tennis Club Manager.
3. ANNOUNCEMENTS AND OPEN FORUM:
President Quinlan announced that the scheduled Closed Meeting had been
canceled.
David Rice, Audrey Muschler and Irene Anitoniou all spoke on behalf of the
First Folio Shakespeare Festival and the impact that the delay with construction
at the Peabody Mansion had on this program. They asked that the Village work
with the Forest Preserve District to resolve the problems that are blocking the
progress of the expansion.
President Quinlan commented that the Board would like time to take their
comments under advisement and determine if the documentation required has
been received.
ROLL CALL
ANNOUNCE
4. APPROVAL OF MINUTES: MINUTES - 09 -23 -03
Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Minutes
of the Regular Board of Trustees Meeting of September 23, 2003 as presented
and waive the full reading thereof. VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 1 of 9 October 14, 2003
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
President Quinlan asked that item 5. H. "An Ordinance Amending Chapters 2
and 3 of the Zoning Ordinance of the Village of Oak Brook, Illinois — Structure
Heights and Natural Ground Level" be removed for further language
amendment.
Trustee Miologos asked that item 5. C. 1) Municipal Complex Project —
Harbour Contractors, Inc. and Earth Tech — Proposed Final Change Orders be
removed for further discussion.
Motion by Trustee Caleel, seconded by Trustee Miologos, to approve the
Consent Agenda as amended. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. APPROVAL OF BILLS - $596,194.65
Significant items included above:
1) Chicago Communication Service, Inc. - Payout # 3 — Village
Communications Center - $31,688.30
2) Water Resources, Inc. — Payout #6 — Automated Meter Reading Project
- $118,825.00
3) James J. Benes & Associates — Payout #2 — 2004 Paving Design -
$11,268.17
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER
27, 2003 - $703,126.26
C. CHANGE ORDERS:
1) MUNICIPAL COMPLEX PROJECT — HARBOUR CONTRACTORS,
INC. AND EARTH TECH — PROPOSED FINAL CHANGE ORDERS
— Removed from the Consent Agenda for further discussion.
D. REFERRALS: None
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
VILLAGE OF OAK BROOK Minutes Page 2 of 9 October 14, 2003
R
C. AGENDA
BLS - $596,194.65
PYRL - $703,126.26
CHNG ORDERS
REFERRALS
SK BIDS, PROP OR
NEG CNTRCTS.
5• 1) TREE PLANTING — LIBRARY /SPORTS CORE THE PLNT - LIB /SC
Trustee Caleel suggested including garden irrigation to the bid package
with the consensus of the Board.
F. APPROVAL OF REQUEST FOR RELEASE OF FUNDS — OAK BROOK RELSE OF ENDS -
H
HOTEL, CONVENTION AND VISITORS COMMITTEE — 20% OF THE CTTEL. -, C'J ONV , & VIS
$18,032,73
2003 THIRD QUARTER HOTEL TAX RECEIPTS TO THE DUPAGE
CONVENTION & VISITORS BUREAU IN THE AMOUNT OF
$18,032.73
G. ORDINANCE 2003- AL -RR -G -731, "AN ORDINANCE AMENDING ORD 03-AL-RR-G-
73 1, AMND LIQ
TITLE 4, CHAPTER 1, LIQUOR CONTROL, SECTION 4- 1- 24 -B.3.E OF CNTRL
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK."
H. AN ORDINANCE AMENDING CHAPTERS 2 AND 3 OF THE ZONING REMOVED
ORDINANCE OF THE VILLAGE OF OAK BROOK, ILLINOIS —
STRUCTURE HEIGHTS AND NATURAL GROUND LEVEL — Removed
for further language amendment.
ITEMS REMOVED FROM CONSENT AGENDA:
5. C. CHANGE ORDERS:
1) MUNICIPAL COMPLEX PROJECT — HARBOUR CONTRACTORS,
INC. AND EARTH TECH, INC. — PROPOSED FINAL CHANGE
ORDERS
The recommended contract settlements have been proposed by the two
firms and agreed to by the Village Board's subcommittee. These change
orders cover additional fees and expenses, and are in addition to the
Village's existing contract obligations, including $169,885.44 to
Harbour Contractors, Inc. under their existing contract and $8,571.81 to
Earth Tech, Inc. under their existing contract.
The Village Attorney will prepare the necessary paperwork, including
confirmation that punch list items have been resolved, as- builts have
been prepared, waivers of lien are complete, and any other work
products contained in the original agreements have been completed.
Trustee Miologos asked whether these were the final change orders of
the project. Manager Boehm responded that it was a long way to the
end of the project, but that these were the final change orders. He
commented that there will continue to be payouts out of retainage funds,
etc.
VILLAGE OF OAK BROOK Minutes Page 3 of 9 October 14, 2003
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RMVD C AGNDA
CHNGEORDR
MCP - HRBR
CONTR & EARTH
TECH - ENL CHNGE
ORDERS
6. 5. C. 1) Trustee Caleel commented that he and Trustee Korin as part of a
subcommittee had negotiated these terms which were felt to be
equitable.
Motion by Trustee Miologos, seconded by Trustee Korin, that the Board
of Trustees approve a change order to Harbour Contractors, Inc. that
increases Harbour's Guaranteed Maximum Price (GMP) in the amount
of $250,578 to cover all remaining Village financial responsibility to
Harbour and its subcontractors for construction of the Municipal
Complex Project, and that the Board of Trustees approve a change order
to Earth Tech that increases Earth Tech's Architectural Services
Agreement in the amount of $4,951 to cover all remaining Village
financial responsibility to Earth Tech and its subcontractors for
architectural services on the Municipal Complex Project, and determine
that the circumstances necessitating the Change Orders were not
reasonably foreseeable at the time the contracts were signed, that the
Change Orders are in the best interest of the Village and are authorized
by law, subject to final review of necessary documents by the Village
Attorney. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
5. H. AN ORDINANCE AMENDING CHAPTERS 2 AND 3 OF THE ZONING ORD AMND zNG
ORD, CHAP 2 & 3 -
ORDINANCE OF THE VILLAGE OF OAK BROOK, ILLINOIS - STRCTR HGHT &
STRUCTURE HEIGHTS AND NATURAL GROUND LEVEL NAT GRND LvL
Village Attorney Kubiesa explained that the language in the amended
ordinance was not applicable to residential districts and language needed to
be added to address the concern.
Trustee Korin suggested other options. Village Attorney Kubiesa suggested
that the topic be deferred until the following meeting to address the
language and Trustee Korin's concerns.
Motion by Trustee Caleel, seconded by Trustee Miologos, to table the
Ordinance Amending Chapters 2 and 3 of the Zoning Ordinance of the
Village of Oak Brook, Illinois — Structure Heights and Natural Ground
Level. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes
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Page 4 of 9 October 14, 2003
7. BOARD & COMMISSION RECOMMENDATIONS: None. BD/COMM RECOM
8. ACTIVE AGENDA (Items for Final Action): ACTIVE AGENDA
A. CONFIRMATION OF APPOINTMENTS: None. CNFRM APPTs
B. ORDINANCES & RESOLUTIONS: OPD/REs
1) ORDINANCE 2003- TX -UT -G -732, "AN ORDINANCE FURTHER ORD 03- TX -UT -G-
AMENDING ORDINANCE G -470, ESTABLISHING A UTILITY TAXAMND UTILITY
TAX WITHIN THE VILLAGE OF OAK BROOK, ILLINOIS"
The Village first imposed utility taxes on various utilities in 1991.
When the tax was first imposed, the enabling ordinance included a one
year "sunset" provision so that the Village Board could review both
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, 2003.
When the 2003 -2007 Five -Year Plan was completed, it was projected
that these taxes were needed at the maximum rate of 5% for the duration
of the planning period. Since that time, there have not been enough
positive events from a revenue perspective that would enable the Village
to consider lowering these taxes without impacting existing service
levels, at least in the next several years.
Although the Village Board has not yet considered either the 2004
Budget or 2004 -2008 Five -Year Financial Plan, action on this item is
requested at this time in order to give appropriate notice to the utilities
of the Village's intent to continue imposition of these taxes. Thus, it is
recommended that the Village Board extend the taxes at the rate of 5%
through December 31, 2004. For 2003, 60% of the receipts of this tax
are allocated to the Infrastructure Fund and 40% of the receipts are
allocated to the General Corporate Fund. At budget time the use for
these funds for 2004 will be finalized.
Motion by Trustee Yusuf, seconded by Trustee Aktipis, that the Board
of Trustees pass Ordinance 2003- TX -UT -G -732, "An Ordinance Further
Amending Ordinance G -470, Establishing a Utility Tax within the
Village of Oak Brook, Illinois." ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 9 October 14, 2003
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8. C. AWARD OF CONTRACTS: AWARD CT
1) OLD BUTLER SCHOOL BOILER REPLACEMENT BTLR scxL
BOILER REPLCMNT
Four sealed bids were opened on October 13, 2003. Packages were sent
to ten companies. Staff contacted the companies that did not submit a
bid. Three stated they were too busy and three did not return the call.
Staff has reviewed and received adequate references for Mechanical,
Inc., the lowest bidder.
The boiler at the former Butler School was originally installed in 1976.
Included in previous Five -Year Financial Plans were funds to replace
the boiler. The boiler needs to be replaced in order to provide heat for
the upcoming winter season.
Motion by Trustee Miologos, seconded by Trustee Caleel, to award a
contract, subject to staff review, to the lowest responsive and
responsible bidder, Mechanical, Inc., 25687 Hillview Court, Mundelein,
Illinois 60060 for the Boiler Replacement — Former Butler School, for a
total price of $24,700.00. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. REMOVE FROM THE TABLE AND RATIFY EMERGENCY
PURCHASE ORDER — SPORTS CORE SLED HILL LANDSCAPING
Motion by Trustee Miologos, seconded by Trustee Caleel, to remove from
the table the Ratification of the Emergency Purchase Order for the Sports
Core Sled Hill Landscaping. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
The Village Board tabled this item at its September 23, 2003 meeting.
This work has been authorized by the Village Manager and, subject to
weather, should be complete by the time the Village Board meets to
consider this recommendation. State Statute and our Village Code both
contain a purchasing limit of $10,000 that may be approved by the Village
Manager. Projects above that threshold require competitive bidding or, in
emergencies, may be approved by the Village Manager and later ratified by
the Village Board.
VILLAGE OF OAK BROOK Minutes Page 6 of 9 October 14, 2003
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8. D. Trustees Korin, Caleel and Miologos expressed concerns of the cost of the
project with the decrease in revenues and the manner in which the process
was completed.
Manager Boehm responded that the hill had been an ongoing eyesore since
the decision had been made not to haul away excess dirt from the Municipal
Complex Project and the Library in order to reduce costs. He commented
that he did not believe that the Village would allow any other construction
project to maintain such debris without some form of erosion control. It had
been recognized that there had been erosion from the hill flowing into our
storm sewer system and it became critical to protect the hill by obtaining a
stand of grass prior to the winter season. In addition, there was availability
of most of the code required topsoil from a local source which reduced the
transportation costs considerably. He reported that the cost to remove the
hill was well over $100,000.00.
Trustee Korin suggested that an alternate way to offset the cost of the
landscaping would be to seek sponsorships for what would be an additional
amenity for Village residents.
Trustee Yusuf commented that there was still the opportunity to find
sponsors for it, but that time was of the essence. He believed that if the
project had been delayed there would not have been time to grow enough
grass to prevent further erosion and clean -up.
Motion by Trustee Yusuf, seconded by Trustee Miologos, that the Village
Board ratify the emergency Purchase Order approved by the Village
Manager to R.B. Enterprises, 1771 Mallette Road, Aurora, IL 60505 in the
total amount of $22,351.90 for landscaping of the Sports Core sled hill.
ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. REMOVE FROM THE TABLE TO RECONSIDER — TEXT
AMENDMENT- TITLE 4 OF THE VILLAGE CODE — REVISION TO
SECTION 4 -3 -9 STORAGE OF REFUSE
Motion by Trustee Caleel, seconded by Trustee Yusuf, to remove from the
table and reconsider the Text Amendment to Title 4 of the Village Code to
Revise Section 4 -3 -9 Storage of Refuse. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes
Page 7 of 9 October 14, 2003
8. E. At the August 12, 2003 meeting, the Board was asked to consider an
amendment to Section 4 -3 -9 of the Village Code to permit trash containers
to be placed in public view (i.e., at the curb) six hours earlier or at 12 noon
the day prior to scheduled pickup. After discussing the issue, the current
regulation was not changed. Trustee Yusuf has asked that this matter be
placed on the agenda for reconsideration. Section 4 -3 -9 of the Code reads:
Section 4 -3 -9 STORAGE OF REFUSE: No person may
place any container containing solid waste, recyclable
material, or landscape waste in public view for pickup prior
to six o'clock (6:00) P.M. on the day prior to any scheduled
pickup. In addition, all such containers shall be removed
from public view after collection no later than six o'clock
(6:00) A.M. the day following such collection.
Consensus was that the changing of an ordinance for one individual
problem would be inappropriate and that there were alternative solutions to
solve the particular problem.
Motion by Trustee Miologos, seconded by Trustee Aktipis, to deny the
amendment to Title 4 Section 4 -3 -9 of the Village Code which permits the
placement of any container containing solid waste, recyclable material or
landscape waste in public view six hours earlier or at 12 noon the day prior
to the scheduled pickup. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
9. INFORMATION & UPDATES:
A. VILLAGE PRESIDENT: No report given.
B. VILLAGE MANAGER:
Manager Boehm wished to alert the Homeowner's Associations of a
seminar on Stormwater Management Facilities and Detention Basins to be
held on Saturday, October 25 in Gurnee. For further information the
Village's Engineering Department may be contacted.
C. VILLAGE CLERK:
Deputy Village Clerk Harty announced that the Clerk's office will provide
passport application acceptance at the Taking Care of Business Day on
October 30 at the Bath and Tennis Club. She added that the Clerk's office
could not process renewal applications, but that forms would be available.
VILLAGE OF OAK BROOK Minutes Page 8 of 9 October 14, 2003
INFO & UPDATES
VLLG PRES
VLLG MGR
VLLG CLK
10. ADJOURN TO CLOSED MEETING:
1) 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
2) Selection of a person to fill a public office, including a vacancy in a
public office, when the public body is given the power to appoint under
law or ordinance.
3) Setting of a price for sale or lease of property owned by the public body.
President Quinlan had announced previously that the Closed Meeting was
canceled .
11. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
8:17 p.m. VOICE VOTE: Motion carried.
ATTEST:
ov,
Linda K. donnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes
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