Minutes - 10/22/2002 - Board of Trustees2.
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MINUTES OF THE OCTOBER 22, 2002 REGULAR
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON NOVEMBER 26, 2002.
CALL TO ORDER: 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 7:38 p.m. The Pledge of Allegiance was given.
ROLL CALL: ROLL CALL
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and
Alfred P. Savino.
ABSENT: None.
IN ATTENDANCE: 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;
Michael J. Meranda, Public Works Director; Allen W. Pisarek,
Police Chief; Bonnie Sartore, Bath & Tennis Club Manager;
Trey VanDyke, Golf Club Manager and Alice Filinovich,
Accounting Manager.
ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCF.
President Bushy wished Trustee Craig's wife, Connie, a full and speedy
recovery from her recent accident.
Trustee Caleel asked that residents be aware of coyotes in the area as his dog
had been attacked. He further noted that in response to his concerning the
intersection of Spring Road and 31" Street, Village Engineer Durfey reported
that given advancements in directional boring technology, DuPage County
indicated it was more cost effective to directional bore cabling at a future time
than it would be to install conduit now for a future signal.
Trustee Aktipis noted the Village Trustees' concern of sales tax revenue decline
and he wanted to acknowledge the challenges that staff has had to meet as a
result of the budget constraints.
VILLAGE OF OAK BROOK Minutes Page 1 of 18 October 22, 2002
3. The Trustees are concerned with protecting the finances of the Village and
realize how committed the departments are, considering the circumstances.
Gerald McInerney, 27 Blue Grass Court, addressed the Village Board on behalf
of the Oak Brook Civic Association, asking residents to open their homes to
Great Lakes Naval recruits for Thanksgiving Day dinner. President Bushy
stated it is a wonderful opportunity for residents to come to the Golf Clubhouse
to welcome recruits and offer an opportunity to call home during that time
before visiting a resident and then gathering again to the clubhouse to return to
the base. Eighty servicemen will be coming to Oak Brook.
4. APPROVAL OF MINUTES: None. MINUTES
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will
be enacted in one motion.
Motion by Trustee Aktipis, seconded by Trustee Savino, to approve the
Consent Agenda as presented. 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 - $ 799,963.23
Significant items included above:
1) Civiltech Engineering, Inc. - Payout # 1 - 31" Street Bike Path Phase I1 -
$19,288.55
2) DuPage Water Commission - $260,143.44
3) Harbour Contractors, Inc. - Payout #20 - Municipal Complex Project -
$247,545.91
C. AGENDA
BILLS - 5799,963.23
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 12, PYRL - 5522,661.41
2002 - $522,661.41
C. CHANGE ORDERS: None.
D. REFERRALS: None.
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS: None.
F. ACCEPT AND PLACE ON FILE TREASURER'S REPORT — TREAS RPT 09/02
SEPTEMBER, 2002
VILLAGE OF OAK BROOK Minutes Page 2 of 18 October 22, 2002
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ITEMS REMOVED FROM CONSENT AGENDA: None. RMVDC AcNDA
BOARD & COMMISSION RECOMMENDATIONS• BD /COMM RECOM
A. PARILLE — 214 FOREST TRAIL — FLOOD PLAIN SPECIAL USE PARILLE -214
FOREST TRL - FLD
PLN SPEC USE
Plan Commission and Zoning Board of Appeals Recommendations
Flood Plain Special Use - The Plan Commission by a vote of 4 to 0, and the
Zoning Board of Appeals by a vote of 5 to 0, have recommended approval
of the request from the property owners, Anthony and Karyn Parille for a
Flood Plain Special Use to permit the construction of a new garage and
driveway which are located in the flood plain. Since some additional fill
will be placed in the flood plain to accommodate the planned improvements,
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 (page I of the case file).
• Final engineering approval.
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 this request was in keeping with the
neighborhood and would not affect the public health, safety and welfare in
the area.
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 November 12, 2002 Village Board meeting. VOICE
VOTE: Motion carried.
B. SPRIESER — 3423 SPRING ROAD - FENCE VARIATION SPRIESER - 3423
SPRING RD - FNC
VARI
The Zoning Board of Appeals by a vote of 5 to 0, has recommended
approval of the request from John and Judith Sprieser, seeking approval of a
variation to permit the reconstruction of an existing six -foot high, chain link
fence and to replace an existing 42" high wooden split rail fence with a six -
foot high chain link fence. The existing chain link fence, constructed over
20 years ago is in need of repair.
VILLAGE OF OAK BROOK Minutes
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Page 3 of 18 October 22, 2002
7. B. The Village's fence regulations limit the height of new fences to 42 inches
and must be at least 50 percent open. A variation is required in order for the
applicant to remove and replace a non - conforming fence and to replace a
conforming wood fence with a six -foot high chain link fence.
In recommending approval of this request, the Zoning Board of Appeals
found that the petitioner has satisfactorily addressed the factors required for
approval of a variation. In particular, it was found that the reconstructed
fence would not negatively impact the neighborhood since a number of
properties in the Fullersburg Woods area have six -foot high chain link
fences.
Staff has informed the applicant that the Zoning Ordinance does permit the
repair and maintenance of the existing fence. However, it is the opinion of
the applicant that the variation request would best serve their needs by
allowing the existing fence to be removed and replaced as a single project.
Trustee Savino recommended that the petitioner incorporate the guidelines
which were passed by the Plan Commission at their meeting of October 21,
2002 regarding fence requirements. He asked Community Development
Director Kallien to explain what the requirements would be. Director
Kallien indicated that the Plan Commission was recommending that all new
chain link fences be green in color, that they be coated with a PVC material
to improve their integrity, that they be constructed of 9 gauge wire and that
the fence contain a brace along the top for safety. He suggested that it
would be reasonable to include in this request.
John Sprieser, the petitioner, asked why the color must be green. Trustee
Savino stated it would blend into the vegetation. Mr. Sprieser suggested
that a black fence seems more appropriate since there are such varying
degrees of green.
Trustee Caleel suggested that coated fencing was important. Trustee Savino
stated that the discussion suggested that the green would blend in with the
vegetation. He added that color will be determined at the next Village
Board meeting but that this recommendation should require the petitioner to
conform to the requirements as determined at the next Board of Trustees
meeting. Trustee Caleel suggested that the choice be left to the petitioner as
to whether it would be black or green. The Board concurred.
Motion by Trustee Savino, seconded by Trustee Savino, to concur with the
recommendation of the Zoning Board of Appeals and authorize the Village
Attorney to draft the necessary ordinance for final consideration at the
November 12, 2002 Village Board meeting including the proposed
recommendations for chain link fencing to be finalized at that meeting.
VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes Page 4 of 18 October 22, 2002
President Bushy noted that Acting Village Manager Crotty was not in
attendance because he was attending the Illinois Public Employers Labor
Relations Association Conference where he will be elected President for this
state organization.
8. ACTIVE AGENDA (Items for Final Actions ACTIVE AGENDA
A. CONFIRMATION OF APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
1) RESOLUTION 2002- SD -FP -R -820, "A RESOLUTION APPROVING RES02- SD -FP -R -820
FNL PL "f OP SUB -
THE FINAL PLAT OF SUBDIVISION KNOWN AS THE JOHN G. JOHN G sTOB SUB
STOB SUBDIVISION (3050 HUNT CLUB DRIVE, OAK BROOK. IL - 3050 HNT CLB DR
60523).'
This Resolution approves the final plat of the John G. Stob Subdivision
subject to the condition set forth in Section 2.
Motion by Trustee Savino, seconded by Trustee Caleel, to pass
Resolution 2002- SD -FP -R -820, "A Resolution Approving The Final
Plat Of Subdivision Known as the John G. Stob Subdivision (3050 Hunt
Club Drive, Oak Brook, IL 60523)." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS:
1) REMOVE FROM THE TABLE —
CONTRACT FIREFIGHTER/PARAMEDIC SERVICES
Motion by Trustee Caleel, seconded by Trustee Savino, to remove from
the table the award of contracts for contract firefighter /paramedic
services. VOICE VOTE: Motion carried.
On June 11, 2002 the Village Board approved waiving competitive
bidding for supplemental contract firefighter /paramedics and authorized
the Village Staff to negotiate renewal of the contract with Paramedic
Services of Illinois (PSI).
On August 27, 2002, the Board of Trustees approved a 60 -day extension
to the current contract with Paramedic Services of Illinois (PSI) in order
for staff to negotiate proposed changes to the contract; with the
understanding that any additional compensation due to PSI for services
rendered after August 31, 2002 resulting from the new contractual
agreement would be retroactive.
VILLAGE OF OAK BROOK Minutes Page 5 of 18 October 22, 2002
.AWARD Cl
RMV FRM T I3L-
CONT FF /PAR SERV
Q
C. 1) On October 8, 2002, the Board of Trustees tabled the PSI contract award
proposal to allow time for a more thorough review by the trustees.
The 2002 -2003 contract amount provides for six contract
firefighter /paramedics at a base cost of $383,520.00 for the year (an
average of $63,920 each), as compared to a current annual contract cost
of $350,217 ($58,369.50 each). For this amount, PSI provides 24 -hour
coverage 121.66 days per year per contract employee with each contract
FF /PM working a 24 -hour on and 48 -hour off shift. This price also
includes the associated costs of insurance, uniforms, fire gear, benefits,
etc.
The proposed 2002 base contract price reflects a total increase of 9.5%
over current fees. The increase is due, in part, to increased PSI costs for
insurance, salaries, benefits, and retirement. The primary cause for the
increase, however, is a new pay scale system with pay incentives for
longevity and advanced firefighter certifications. This has been done in
an effort to slow the turnover of contract personnel for the purpose of
enhancing fire /rescue emergency operations.
Paramedic Services of Illinois has 28 years experience in the business of
contractual paramedic service, and has consistently provided good
quality firefighter /paramedics to the Village of Oak Brook since 1989.
Based on their satisfactory past performance and the established Village
policy of supplementing full -time firefighter /paramedics with contract
firefighter /paramedics, Fire Chief Jarvis recommends that the Village
President and Board of Trustees award the contract for
firefighter /paramedics to Paramedic Services of Illinois.
Trustee Miologos requested that the contract remain at $352,520 rather
than the proposed $383,520 including incentive pay. She asked that the
2003 Budget reflect 2002 actual expenditures. Fire Chief Jarvis stated
that it is not possible to have the contract remain at this year's amount
without termination of staff and that it would require renegotiation of
the contract. She added that if staff is terminated then services will need
to be cut.
PSI representatives were in attendance at the meeting. Larry Robbins,
Vice President of PSI Operations, addressed the Board to explain that
$18,800 would be divided among the six contract firefighter /paramedics,
two would be given an incentive to obtain certification in the amount of
$4,000, the Federal Insurance Contribution Act costs would amount to
$1,748 with 2 1/2 % benefits for the remainder of the salary.
VILLAGE OF OAK BROOK Minutes Page 6 of 18 October 22, 2002
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S. C. 1) Mr. Robbins explained that the proposal was to try to curb or stop the
turnover of contract paramedics, which was an issue with the Village.
Trustee Miologos suggested that as a result of the revenue shortfalls, the
incentive program be eliminated. She asked if the contract could be
amended at a later date if finances in the future were more positive to
include the incentives. Mr. Robbins responded that the increases in the
contract were not exclusively for incentives and if the contract were
limited to the same expenditure as last year the company would lose
money because of the increase in expenses. Chief Jarvis noted that the
department has cut expenditures by tightening belts and that those cuts
have not been service- related. She stated that one PSI paramedic would
have to eliminated. Trustee Caleel suggested that the 7% incentive be
removed. Trustee Korin asked to explore a revision of the contract to
include the 2 1 /z% increase and to provide the Board with information
that incentive pay, longevity and bonuses equal a betterment in turnover.
The Board requested a thirty -day extension of the contract to
Wednesday, November 27, 2002. Trustee Savino asked what the cost
was to the Village caused by turnover. Chief Jarvis indicated that there
are additional orientation fees and training time that makes it difficult to
quantify the actual cost.
Motion by Trustee Caleel, seconded by Trustee Korin, to table award of
the contract for firefighter /paramedics to Paramedic Services of Illinois
to the November 26 Board of Trustees meeting. VOICE VOTE:
Motion carried.
2) AMBULANCE BILLING SER
Total Billing Solutions, the Village's current ambulance billing
company, will no longer be in the business of providing ambulance
billing services to their existing customers due to complex changes in
Medicare laws. In order to find an alternative vendor, a request for
proposal was issued in August, 2002. A request was sent to nine firms
of which five submitted proposals. The fees charged by each
responding firm are listed below:
Med -I- Claims, Inc.
$20.00 for each claim received
Specialty Billing
12% of collections
Andres Medical Billing Ltd.
8% of collections
Efficient Billing Systems
8% of collections
Paramedic Billing Service
9% of collections
VILLAGE OF OAK BROOK Minutes
Page 7 of 18 October 22, 2002
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AMB BILLING SERV
C. 2) Three firms were interviewed by staff and although each firm is
capable of performing the billing function satisfactorily, Andres
Medical Billing was selected for the following reasons:
• Andres Medical Billing (AMB) has been in business since 1995.
They currently provide billing services to over 100 municipal
and private ambulance providers. They specialize in ambulance
billing which gives them the expertise required in working with
insurance carriers and patients. AMB has 37 employees on staff
and one employee will be dedicated to handling all Village of
Oak Brook ambulance customers.
• The fee that AMB charges (8% of collections) is lower compared
to other billing firms. The fee is guaranteed for 3 years and will
remain the same if the contract is extended the optional fourth
and fifth years.
• Staff also checked several of the AMB's references and all of
them indicated that they were very satisfied with the
professionalism, flexibility and promptness in meeting deadlines
and the collection ability of this firm.
The funding source for this service is General Fund 221 -7700 in the
amount of $10,000.
Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village
Board award a three year contract for ambulance billing services subject
to staff review, to Andres Medical Billing Ltd, 3323 N. Ridge Road,
Arlington Heights, IL. 60004. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) PLAN REVIEW SERVICES — FIRE ALARM & SPRINKLER Pr" RV VSLRV-
rKU
K
SYSTEMS SPR .
PRNKLR SYS
Due to the extended medical leave of the Fire Prevention Director, the
Village has been outsourcing fire alarm and sprinkler plan reviews since
February. It was originally anticipated that the Fire Prevention Director
would return to duty within 3 -4 months. As such, the Fire Department
initially requested and received approval for standing purchase orders in
$2,000 increments.
VILLAGE OF OAK BROOK Minutes
Page 8 of 18 October 22, 2002
8. C. 3) The costs for plan review increased substantially in July due to an
increase in plan submittals as well as the complexity and size of the
plans. Expecting that the Fire Prevention Director would be returning
to work soon, staff received approval for a purchase order for July
charges in the amount of $4,797.50. Although staff did not initially
anticipate exceeding $10,000, this brought the total paid out to
$10,797.50. Currently $6,127.50 in invoices have yet to be paid and it is
estimated that there will be $7,500 more before the end of the year.
Purchasing Director Kapff suggests that if the Fire Prevention Director
is not expected to return to work soon, an RFP for plan review services
would need to be put together. Since the Fire Prevention Director
returned to light duty September 16th, and may return to full duty before
the completion of an RFP process (60 -90 days), Fire Chief Jarvis
recommends that the Village Board waive competitive bidding and
ratify a contract with Gage- Babcock, Inc. in an amount not to exceed-
$13,627.50 for the remainder of the year for plan review services. The
funding source for the service is the 2002 Fire Prevention Program 741-
7700.
Trustee Caleel asked whether some of these duties could not be handled
during the Fire Prevention Director's light duty assignment. Chief
Jarvis explained that it is a contract issue that the Village cannot allow
light duty activities for the Fire Lieutenant and mix duties of his part
time work.
It was asked whether the fees that the Village charges for the plan
review compensated the Village for the expenditures. Chief Jarvis
indicated that they did not, but that she and Community Development
Director Kallien were looking to correct that issue. Trustee Caleel
stated that if staff has to hire out for services that the fees involved
should cover the additional costs.
Motion by Trustee Caleel, seconded by Trustee Savino, that the Board
of Trustees waive competitive bidding and ratify a requirements contract
with Gage- Babcock & Associates, Inc. for Fire Alarm and Sprinkler
Plan Review Services in an amount not to exceed $13,627.50. 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 9 of 18 October 22, 2002
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8. C. 4) AUTOMATIC METER READING (AMR) SYSTEM AMR sys
The Village's water meter reading contract with NICOR will expire on
June 30, 2003. As such, authorization was granted at the Board's
March 12, 2002 meeting for staff to solicit proposals for the
procurement and installation of a system -wide, automatic meter reading
system (AMR). Subsequently, staff prepared a detailed Request for
Proposal (RFP) with a submittal deadline of June 7, 2002. Five firms
responded.
After thorough review of each proposal, three firms, Midwest Water,
Water Resources and US Filter were invited to meet with Village staff to
discuss their proposals in depth. Satisfied with the results of the
meetings, staff determined that Midwest Meter's proposal not only met
with all the terms and conditions as delineated in the RFP, but in both
system scenarios, had the lowest costs. After consulting with several
other communities throughout the nation that had already switched to, or
presently are in the process of switching to an AMR system, staff
concluded that the Star - Hexagram Fixed system, despite being more
expensive than the Ramar Drive -by system, would be the system of
choice.
The Village's current water rate structure assesses a $5.00 per month
service charge which is designed to recover the cost of meter reading
and billing and a consumption charge of $2.60 per thousand gallons.
Although there are sufficient funds in the Water Fund to absorb the
initial capital outlay of this automated meter reading system, an increase
in rates is required in order to recover the cost over approximately ten
years. Since the cost of meter reading has no relationship to the amount
of water consumed, an increase in the monthly service charge to $7.00
effective January 1, 2003 was incorporated in the 2003 -2007 Five -Year
Financial Plan. The funding source for this project is in the Water Fund
Program 351 -9090.
Public Works Director Meranda explained that there is a problem with
the pending contract and the contractor is unable to meet the Village's
need. He requested that the Board table this particular recommendation
until staff has had time to resolve the issues with the contractor. He
suggested that the Board might wish to discuss the general idea of an
automatic reading system to provide further guidance to staff.
VILLAGE OF OAK BROOK Minutes Page 10 of 18 October 22, 2002
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S. C. 4) Trustee Caleel asked whether the money in the water fund could be used
for any other purposes. Village Attorney Martens responded that this
had been discussed with Finance Director Langlois who responded that
since 42% of water customers paying into the fund were not Oak Brook
residents, that it would be questionable whether those funds should be
used for General Corporate expenditures. Trustee Caleel clarified his
question as to whether loans could be provided from that fund not
expenditures. Director Langlois indicated, based on his experience, that
within reasonable terms he believed it would be feasible.
Public Works Director Meranda reiterated that the automatic meter
reader is the method of choice based on previous evaluation. If this
were done in- house, staff would require a lot of lead -time. NICOR has
put a qualifier in their agreement that the program will terminate June
30, 2003 without any contract to follow.
Trustee Savino stated that the Board discussed this last March and
directed staff to proceed with an automatic meter reading system.
Trustee Craig asked if this money could be refunded to the water
customers and have our residents sign their own meter cards.
President Bushy indicated that 42% of our customers are outside Oak
Brook and the Village has the lowest water rate in DuPage County. It
was the consensus of the Village Board to have staff proceed with this
project until the problem is resolved and return the proposal to the
Village Board for their approval.
Motion by Trustee Savino, seconded by Trustee Caleel, to table
execution of a contract with Midwest Meter of Oswego, Illinois, for unit
prices plus time and material work as required in the estimated not -to-
exceed amount of $1,150,000.00 for the purchase and installation of a
system -wide, Star Hexagram automatic meter reading system, subject to
review by the Village Attorney and staff. VOICE VOTE: Motion
carried.
Trustee Savino stated that the Downers Grove Sanitary District has a
formula for those who sprinkle their yard in which the water does not go
into the sewer system. He inquired if the Village could provide that
formula and forward it to the Hinsdale Sanitary District for their use.
President Bushy asked what the Hinsdale Sanitary District contract
states in considering a stipulation of providing the District meter
readings and determine if there is the ability to develop a formula
similar to the Downers Grove Sanitary District with the Village
performing the conversion.
VILLAGE OF OAK BROOK Minutes
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Page 11 of 18 October 22, 2002
8. C. 4) Director Meranda stated the Hinsdale Sanitary District is willing to
discuss this issue with the Village.
Trustee Caleel asked Attorney Martens if the Village has to provide
meter reading service to the Hinsdale Sanitary District or may the
Village request the District to read its own meters. Trustee Aktipis
asked that the Village try to negotiate this in the next contract.
D. ISSUANCE OF 2002 SCAVENGER/SOLID WASTE HAULER LICENSE ScAV . uc
DISPOSAI.I WASTE
DISPOSALL WASTE SERVICES, INC. SEKV., INC
The Village Code provides for one residential scavenger license to be issued
to the hauler awarded the residential contract by the Village and an
unlimited number of commercial scavenger licenses. Pursuant to Section 4-
3-2 of the Village Code, the Village Board issues scavenger licenses upon
recommendation of the Village Manager. DisposAll has submitted its
application for a commercial scavenger /solid waste hauler license within the
Village of Oak Brook.
President Bushy explained that there is a request for more commercial
licenses due to the specific services that are needed by the commercial
sector such as type of waste materials and pick up schedules.
Motion by Trustee Caleel, seconded by Trustee Aktipis, that the Village
Board of Trustees approve issuance of a commercial scavenger license to
DisposAll Waste Services, Inc. for the period of October 23, 2002 through
December 30, 2002. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Miologos and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Korin. Motion carried.
E. REFINANCING OF INSTALLMENT CONTRACT — BATH & TENNIS RE-FIN B & T
CLUBHOUSE PROJECT CLUBHSE RFNOV.
1) Authorization to Re- appoint Financial Advisor and Execute Agreement
for Financial Advisory Services through 2005
2) Authorization to Re- appoint Bond Counsel
When the installment contract was issued in 2000 for the financing of
the Bath and Tennis Clubhouse expansion project, it was necessary to
negotiate the terms of this issue with only two local banks due to various
litigation issues involving the Sport Core property. The installment
contract cert ificates totaling $1,170,000 due through 2007 at the rate of
4.96% were sold to American National Bank and certificates totaling
$630,000 due 2008 through 2010 at the rate of 5.15% were sold to Oak
Brook Bank.
VILLAGE OF OAK BROOK Minutes Page 12 of 18 October 22, 2002
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S. E. Since the installment contract financing was done as a negotiated issue,
the Village was able to incorporate terms so that remaining principal
would be callable at any time. The Oak Brook Bank portion was called
using proceeds from the sale of the 31st Street right -of -way. After
making the scheduled principal payment on December 1, 2002, the
outstanding balance on the American National Bank portion will be
$875,000.
With the certificates being callable at any time and with interest rates at
historically low levels, the Finance Director recommends that the
Village refinance this debt at substantially lower rates. It is estimated
there would be a savings in excess of $50,000 if the debt is refinanced.
The Village's bond counsel, Katten Muchin & Zavis, contacted the
Village regarding the status of prior litigation. They have indicated that
a new debt issue could be done with an unqualified legal opinion. Thus,
Finance Director Langlois recommends that a refinancing issue be done
on a competitive basis to ensure the lowest possible interest rate.
The role of the Financial Advisor on this type of transaction is to
develop financing options, transaction management, assistance and
coordination with document preparation which includes an official
statement, marketing of the issue, and coordination of the sale and
closing. R.V. Norene and Associates has proposed a three -year
engagement, with the fee amount on any issue being a minimum of
$4,500 for the first $1,000,000 issued plus $2.75 per $1,000 in excess of
$1,000,000 plus out -of- pocket expenses. This fee quote is unchanged
from the last agreement. Although the contract is for a three -year
period, the Village is only obligated to pay if the Village issues debt.
Since the Village has been very satisfied with their service on prior debt
issues, Finance Director Langlois recommends another three -year
agreement. Based on the anticipated issue amount, the Financial
Advisor fee on this transaction would be $4,500.
Katten Muchin & Zavis has served the Village as bond counsel on all
three debt instruments issued since 1999. Finance Director Langlois has
been very satisfied with their performance and they are familiar with the
Village and the various legal issues involved. They have quoted a fixed
fee of $6,000 on this transaction, which is actually lower that the fee
paid on previous issues. Finance Director Langlois recommends that
Katten Muchin & Zavis be appointed as bond counsel.
If these recommendations are approved, staff will proceed with the
refinancing. A debt issue amount of $895,000 is anticipated in order to
refinance the $875,000 of certificates outstanding plus an additional
$20,000 to cover the costs of issuance.
VILLAGE OF OAK BROOK Minutes Page 13 of 18 October 22, 2002
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8. E. As to the term, the Village will consider refinancing over the same
period through 2007. However, should the Village Board wish to
extend the term in order to reduce the cash flow requirements at the
Food & Beverage operation, now would be the time to do so. Adding
years to the term of the issue would reduce the amount of interest
savings noted previously.
This item is unbudgeted in the Sport Core Fund, but will result in lower
interest costs in future years.
Consensus of the Board was that the amortization remain the same,
which is currently seven years.
Motion by Trustee Aktipis, seconded by Trustee Caleel, that the Village
Board (1) re- appoint R.V. Norene and Associates as Financial Advisor
to the Village and authorize execution of an agreement for financial
advisory services through 2005; and (2) re- appoint Katten Muchin &
Zavis as bond counsel. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - Motion carried.
F. EAST HVAC ENCLOSURE - MUNICIPAL COMPLEX PROJECT MCP HVac' r:NC
Previously, the Board was provided with preliminary information received
from Harbour Contractors and Earth Tech concerning additional costs that
will be incurred in order to conduct a formal bid procedure for the masonry
HVAC enclosure. Staff met with representatives from Harbour Contractors
and Earth Tech to further discuss the costs submitted by each. It is apparent
that some additional cost will be incurred relating to the formal preparation
of specifications and bidding, as well as time spent supervising the
construction of the structure in the spring.
Acting Village Manager Crotty suggests it is unlikely that any savings
realized from bidding will completely offset the architect and construction
manager costs incurred as a result of proceeding with a formal bid process.
Formal bidding will ensure that the project cannot be done until next spring.
If the project were completed as a change order as presented on September
24, 2002, it is possible that the work may be completed yet this year, and
this would obviate the need to incur costs for supervision in the spring.
Trustee Aktipis suggested that the overall cost seems to be inappropriate
due to the financial situation of the Village. He suggested that the Board
reconsider the decision to go forward with a masonry HVAC enclosure at
this time, review other options and take time to consider those options.
VILLAGE OF OAK BROOK Minutes Page 14 of 18 October 22, 2002
8. F. Trustee Savino commented that he felt discussion should take place at this
time since the costs savings anticipated from putting the project out to bid
would not be seen and therefore reconsideration of the original
recommendation of a wooden fence should be discussed. Trustee Caleel
recommended that the enclosure project be stopped, no further change
orders related to it be considered and that a credit for the projected work
budget be issued. President Bushy indicated that per our Village ordinance
the HVAC equipment must be screened. Community Development Director
Kallien added that the screening would need to be done prior to final
occupancy, but that since there was ongoing construction it could be
deferred.
Consensus of the Board was to remove the enclosure from the Municipal
Complex Project and defer a decision on the type of enclosure until a later
date prior to final occupancy.
Ron Gall, Harbour Contractors, explained the situation to the Board. The
Village Board asked that a $6,900 credit be issued to the Village.
Motion by Trustee Aktipis, seconded by Trustee Savino, to postpone
screening of the HVAC unit until 2003 recognizing that the equipment must
be screened before final occupancy due the Village Code requirement.
Motion by Trustee Aktipis, seconded by Trustee Savino, to rescind the
previous motion.
Motion by Trustee Caleel, seconded by Trustee Aktipis, to provide the
appropriate screening prior to Municipal Complex occupancy and HVAC
screening be removed from the Harbour contract and the appropriate credit
be given to the Village. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
Trustee Caleel asked if landscaping could be used. Community
Development Director Kallien stated landscape vegetation screening could
be used, but would require maintenance. He stated that our own staff could
do the plantings. Trustee Korin asked Public Works Director Meranda to
review what could be implemented.
VILLAGE OF OAK BROOK Minutes Page 15 of 18 October 22, 2002
9. INFORMATION & UPDATES: INFO & UPDATES
10
I1
A. VILLAGE PRESIDENT:
President Bushy announced that a $5,000 donation was received from
National City Bank for the Library Foundation. Trustee Caleel also stated
Northern Trust has provided the mailing and program printing costs for
another Library fundraiser and recognized them for their efforts. He also
acknowledged that Private Bank has given a $2,500 contribution to the
Library Foundation.
B. VILLAGE MANAGER: No report given.
DEPARTMENTAL REPORTS - QUARTERLY REPORTS:
VLLGPRLS
A.
Communications Center
H.
Library
B.
Community Development
I.
Police Department
C.
Engineering Department
J.
Public Works
D.
Finance Department
K.
Recycling
E.
Fire Department /EMS
L.
Risk Management
F.
Information Services/
M.
Sports Core - Bath & Tennis and Golf
Purchasing
N.
Village Clerk
G.
Legal Department
Quarterly Reports were accepted as presented and placed on file.
UNFINISHED AND NEW BUSINESS:
A. MAINTENANCE OF OLD LIBRARY BUILDING
Trustee Caleel indicated that the Park District is not interested in this
project. The Historical Society wishes to occupy the building for a
temporary amount of time only and the suggested rental fee would be a
dollar per year. Under these circumstances and the concerns about
revenues, spending $500,000 for renovation was in his point of view
unacceptable. He asked the Village Attorney if the Hotel /Motel Tax
revenue could be used to renovate the building and promote it as a tourist
site. It was suggested that with the cooperation of the Historical Society,
the building could be used as a school tour site for students to provide
history of how the school operated when the Village was first developed. It
should also be determined if grant funding could be used and whether the
School District would contribute to this project.
VILLAGE OF OAK BROOK Minutes
A.
Page 16 of 18 October 22, 2002
VLLG MGR
UNFIN & NI;W
BUSINESS
MAIN "1 - OLI) LIB
BLDG
11. A. Trustee Aktipis suggested there might be more flexibility in the use of
Hotel /Motel Tax funds. Trustee Caleel asked whether the Village should
receive permission from the Oak Brook Hotel, Convention and Visitors
Committee and raise the tax 1% for a year to fund this project. He asked
Director Meranda what were the critical repairs needed at this point.
Director Meranda responded that $193,000 is estimated for repairs in 2003.
The $75,000 earmarked for tuckpointing could be adjusted. He stated that if
the building was not occupied by anyone other than the Village, then
expenditures required for maintenance would be approximately $140,000.
Trustee Aktipis requested that the Illinois Attorney General's opinion be
sought on this project. Attorney Martens noted State Statute indicates the
funds be used solely to demonstrate that this expenditure will attract non-
resident overnight visitors to the Village.
President Bushy reminded the Board that the facility is not accessible under
the American Disabilities Act. Trustee Savino suggested that it could be
considered a museum, which does classify as an attraction. The Oak Brook
Historical Society could have it classified as a historical site on the
historical registry.
Trustee Aktipis reiterated that if the Village obtained cooperation from the
Oak Brook Hotel, Convention and Visitors Committee, then the Illinois
Attorney General's office should be contacted for an opinion.
Consensus of the Board was to save the building. Trustee Caleel
commented that the interim expenses to maintain the building were a
concern because planning a project to save the building and finding means
to support that would not happen quickly.
Finance Director Langlois asked what repairs should be included in the
2003 budget and the Five -Year Plan. Public Works Director Meranda stated
that approximately $36,000 would be considered mandatory repairs and a
very rough estimate of $75,000 for tuckpointing. Other items might be
adjusted. President Bushy stated DuPage County is looking for work
projects for the Sheriff's Department work release program. Director
Meranda stated it would be a liability issue for the Village due to the heights
involved for tuckpointing to make it feasible to participate in such a
program.
12. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None. OTHER Bus.
VILLAGE OF OAK BROOK Minutes Page 17 of 18 October 22, 2002
/-6
13. ADJOURN TO CLOSED MEETING: To Discuss Pending Litigation.
Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn to a closed
session to discuss pending litigation. ROLL CALL VOTE
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
14. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting at
11:10 p.m. VOICE VOTE: Motion carried.
ATTEST:
�lJ�h h
Lin a K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes
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Page 18 of 18 October 22, 2002
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