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Minutes - 10/24/2006 - Board of Trustees2. 3. 0 5 MINUTES OF THE OCTOBER 24, 2006 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 9, 2007. 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 7:34 p.m. The Pledge of Allegiance was given. ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Jeffrey J. Kennedy, Kathryn F. Manofsky, Robert G. Sanford and Asif Yusuf. ABSENT: Trustees Stelios Aktipis and John W. Craig. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Kenneth T. Kubiesa, Village Attorney; Darrell J. Langlois, Finance Director; Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager and Thomas Sheahan, Chief of Police. PRESIDENT'S OPENING COMMENTS A. CHIEF'S RECOGNITION AWARD Police Chief Thomas Sheahan and President Quinlan awarded Officer Norman Nemec the Chief's Recognition Award due to his dedication and participation in the Northern Illinois Police Alarm Service (NIPAS) Mobile Field Force. RESIDENT /VISITOR COMMENT Numerous parties wished to address the Board of.Trustees on the topic of Starbuck's. President Quinlan suggested that they hold their remarks until the topic was addressed on the Agenda. No one disagreed. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF AUGUST 22, 2006 CONTINUED FROM THE OCTOBER 10, 2006 MEETING. VILLAGE OF OAK BROOK Minutes Page 1 of 14 October 24, 2006 5. A. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of the August 22, 2006 Regular Board of Trustees Meeting as presented. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Kennedy asked that Agenda Item 6.J. Extension of Completion Tuscan Woods Subdivision/Yorkshire Glen Subdivision be removed for further discussion. A. Accounts Payable for Period Ending October 20, 2006 - $595,469.81 Significant Items included in Above: 1) DuPage Water Commission - $158, 027.49 2) Civiltech Engineering - Payout 412 - 31" St. Bicycle Path, Phase III - $11,172.00 3) Kubiesa, Spiroff, Gosselar & Acker — Legal Fees September — $24,405.50 B. Approval of Payroll for Pay Period Ending October 7, 2006 - $713,109.47 C. Community Development Referrals 1) Deerpath Woods Subdivision — Preliminary Plat — 5 Lots D. Authorization to Seek Bids or Proposals or Negotiate Contracts E. Budget Adjustments F. Treasurer's Report — September, 2006 G. Ratification of Resolution of Appreciation - Barbara Nasharr H. Ratification of Resolution of Appreciation - Carolyn Link I. A Resolution Adopting a Departmental Reorganization of the Bath and Tennis Club K. Dana Park Subdivision — Reduction in Subdivision Security Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA 6. J. EXTENSION OF COMPLETION TUSCAN WOODS SUBDIVISION /YORKSHIRE GLEN SUBDIVISION Trustee Kennedy stated that this is the third time during his tenure on the Board that a request for extension of time for completion of this subdivision has been made. He inquired as to the reason. Village Engineer Dale Durfey responded that there were a few documents and drawings that need to be completed. Trustee Kennedy suggested that the Board approve this extension, but that the developer be made aware that the Board and neighbors expect the development to be completed by June 6, 2007 subject to the extension. VILLAGE OF OAK BROOK Minutes Page 2 of 14 October 24, 2006 7. 6. J. Motion by Trustee Kennedy, seconded by Trustee Yusuf that the Board of Trustees approve an extension of seven months, new completion date being June 6, 2007, for the completion of the Tuscan Woods Subdivision improvements subject to the Subdivision Security also being extended to one year past the revised completion date with the understanding that the Village Engineer will convey to the developer the impatience of the Board with the slow progress and their expectation that this deadline will be met. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. 8. BOARD & COMMISSION RECOMMENDATIONS A. STARBUCKS — 2407 22ND STREET — TABLED FROM SEPTEMBER 26, 2006 1) REMOVE FROM THE TABLE Motion by Trustee Kennedy, seconded by Trustee Sanford, to remove from the table the requested map amendment, text amendment, special uses and variations for the redevelopment of the property located at 2407 22nd Street for Starbuck's and place back on the Village Board agenda for additional discussion and consideration at the October 24, 2006 meeting. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. Resident Dr. Forutan stated that his understanding was that the decision on the Starbuck's project was postponed to a time when Starbuck's would be able to present an agreement for an access road with the neighboring property. He did not believe that had been done and he requested that the approval be postponed until that agreement was completed. In addition, he asked to extend the decision until the next meeting due to the fact that the owner of the surgical center, who has many concerns, was unable to be in attendance. Mr Ted Johnson, the authorized representative for Starbuck's and the property owner commented that he was available to answer questions and wanted to specify that if there was a concern that trees were being felled at the subject property, that the petitioners were not involved. He stated that it was an ongoing IDOT project to remove dead trees from 22nd Street. Mr. Mike Stratus, offered that the cross access easement issue was being addressed and the attorney for the subject property intimated that the issue would be resolved. Mr. Scott Day, attorney for Dr. Jafari, was asked by Dr. Jafari to express his concern for traffic on Tower Drive and his position on the topic. VILLAGE OF OAK BROOK Minutes Page 3 of 14 October 24, 2006 8. A 2) MAP AMENDMENT, TEXT AMENDMENT, SPECIAL USES AND VARIATIONS At its meetings on August 1 and September 5, 2006, the Zoning Board of Appeals held the required public hearing and completed its review of several petitions from TJ Design Strategies, authorized representative of the Starbucks Coffee Company on behalf of The Mary Ann R Monty Trust #8 -1995, the owner of the property at 2407 22nd Street. They are seeking approval of a map amendment, text amendment, two special uses and two variations in order to construct a new stand -alone Starbucks. The existing one -story building on the property will be demolished to accommodate the proposed 1925 square foot Starbucks building, which will also include a drive -in facility (east side of building) and an outdoor dining area (north side of building). Map Amendment The applicant is seeking a map amendment from ORA -1 to B -3. The adjacent property to the east improved with two office buildings is zoned B -3. By a vote of 7 to 0, the Zoning Board concurred with the Plan Commission recommendation for approval of a map amendment to rezone the subject property at 2407 22nd Street from ORA -1 to B -3 finding that the applicant has addressed the required factors on pages C and C.3 of the case file Trustee Kennedy agreed that there was a concern for traffic issues on this project, but that there are changes in the works that would mitigate those issues longer - term. He felt that it was important to move forward on this project that would be a significant, advantageous change in the Village subject to mitigating the traffic issues as best as can be done. He would like to condition the approval on the basis that Starbuck's will in fact build the cross connection section across the southern portion of its property connecting Tower Drive to the properties to the east. An additional condition would be that Starbuck's have a traffic engineering firm conduct a traffic usage study of that intersection approximately three months after the restaurant opens to see what in fact the problems are since much of the concern is based on speculation. Based on that survey, if there is a significant decline in the level of service at that intersection, that Starbuck's would pay to have traffic officers provide manual control of traffic at the intersection during the peak hour in the morning and evening. President Quinlan asked Village Engineer Durfey for a standard of measurement that could be defined. Engineer Durfey responded that there were several criteria that could be used such as level of service, delay in seconds at intersection and accident rates. He asked that Engineer Durfey provide those standards for the next Board meeting. Trustee Kennedy suggested that Village Attorney Kubiesa include those standards in the ordinances provided. VILLAGE OF OAK BROOK Minutes Page 4 of 14 October 24, 2006 8. A. 2) Trustee Manofsky expressed concern for the parking along Tower Drive and suggested that the parking lot at the rear of Dr. Jafari's building was not being used to its capacity and clients were using Tower Drive for parking which aggravates the situation. She suggested restrictions on parking along Tower Drive. Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested map amendment from ORA -1 to B3 for the property located at 2407 22nd Street and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 14, 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. Text Amendment Outdoor dining is permitted as a special use in the B -1 and B -2 Districts, but not in the B -3 District. The applicant is seeking a text amendment to Section 13 -7C -2 of the Zoning Ordinance to permit outdoor dining areas adjacent to restaurants as a special use in the B -3 District. By a vote of 7 to 0, the Zoning Board of Appeals concurred with the Plan Commission recommendation for approval of the requested text amendment to Section 13 -7C.2 of the Zoning Ordinance, to add "outdoor dining areas adjacent to restaurants" as a special use in the B -3 District finding that the applicant has addressed the required factors on page E of the case file. Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested text amendment to Section 13 -7C -2 of the Zoning Ordinance to permit outdoor dining areas adjacent to restaurants as a special use in B3 District and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 14, 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. Special Uses The applicant is seeking two special uses. One special use is necessary to construct a drive -in facility along the east side of the building for patrons wishing to make purchases from their vehicle. The other special use will permit the construction of an outdoor dining area to be located on the north side of the building. (Drive -thru) By a vote of 7 to 0, the Zoning Board concurred with the Plan Commission recommendation for approval of the requested special use for approval of the requested special use for a drive -thru facility finding that the VILLAGE OF OAK BROOK Minutes Page 5 of 14 October 24, 2006 8. A. 2) applicant has addressed the required standards on pages G of the case file subject to the following conditions: 1. Development of the property in substantial conformance with the revised Elevation and Site Plan dated July 12, 2006 on page 23 of the case file. 2. Suggest that the owner use reasonable efforts to negotiate a cross - access easement to satisfy the concerns raised. 3. If signalization at the intersection of Tower Drive and 22"d Street is installed, the property owner agrees to pay 25% of the costs of the installation to be shared between the property owners utilizing that intersection. 4. The village to consider the imposition of cross - access easement requirements in the Commercial Corridor Revitalization Project. (Outdoor Dining) By a vote of 7 to 0, the Zoning Board of Appeals concurred with the Plan Commission recommendation for approval of the requested special use for outdoor dining, finding that the applicant has addressed the standards on page G of the case file, to recommend approval of the requested special use for an outdoor dining area adjacent to the restaurant subject to the following conditions: 1. Development of the property in substantial conformance with the revised Elevation and Site Plan dated July 12, 2006 on page 23 of the case file, bollard design on page 22, Building design on page 18 and Outdoor dining area with table and umbrella design as shown on page 16 of the case file and the following conditions imposed by the Plan Commission. 2. Operation between April 1 and October 15 of each year. 3. Tables and chairs to be removed during the winter months. 4. No live music or other live entertainment is allowed in the exterior seating area. 5. No wait service to be provided to the exterior seating area. Motion by Trustee Kennedy, seconded by Trustee Sanford, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special uses for drive -thru and outdoor dining at 2407 22nd Street and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 14, 2006 Village Board of Trustees meeting subject to the following conditions: 1. Starbucks shall conclude its agreement in principle with the property owner to the east for a cross - connection easement between their properties. 2. Starbucks shall pay for construction of that portion of a cross access roadway across the southern portion of its property connecting Tower Drive with the properties to the east, meeting Village roadway requirements. 3. Starbucks shall engage a traffic engineering firm acceptable to the Village Engineer to conduct a traffic survey of the 22nd St. and Tower Drive intersection (weekday and weekend) [at a time to be determined by the Village Engineer] after the facility opens. VILLAGE OF OAK BROOK Minutes Page 6 of 14 October 24, 2006 8. A. 2) 4. If that traffic survey shows a substantial degradation in the level of service [as defined by the Village Engineer] at that intersection, Starbucks with or without the financial cooperation of the Surgical Center, shall contract with the Oak Brook Police Department or other law enforcement agency having jurisdiction to provide police officers for manual control of traffic at that intersection during peak traffic hours in the morning and evening, as required, until such time as the intersection is signalized. 5. When that intersection is signalized, Starbucks shall pay 1/4 of the total costs of signalization. 6. Development of the property shall be in substantial conformance with the revised Elevation and Site Plan dated July 12, 2006 on page 23 of the case file. 7. With respect to the outdoor dining Special Use, development of the property shall comply with the bollard design on page 22 of the case file, Building design on page 18, and outdoor dining area with table and umbrella design as shown on page 16 of the case file, and the following further conditions: a. Operation between April 1 and October 15 of each year, b. Tables and chairs to be removed during the winter months. c. No live music or other live entertainment is allowed in the exterior seating area. d. No wait service to be provided to the exterior seating area. VOICE VOTE: Motion carried. Variations In order to construct the stand -alone Starbucks facility, the applicant is seeking approval of two variations to the Zoning Ordinance. The first variation to Section 13 -7C -3c is requesting an approximate 31 -ft. encroachment into the 100 -ft. front yard along 22" Street. The second variation to Section 13 -12 -3h is requesting an approximate 5 -ft. encroachment into the 10 -ft. setback for parking along Tower Drive. By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested variation to Section 13- 7C -3.c, to allow an approximate 31 -foot encroachment into the required 100 foot setback on 22"d Street; and approval of the variation to Section 13- 12 -3.h to allow an approximate 5 -foot encroachment into the 10 -foot setback required for the parking along Tower Drive finding that the applicant has addressed the required standards on page I of the case file subject to the following conditions: 1. Development of the property shall be in substantial conformance with the revised plans submitted on page 23 of the case file. 2. That the owner grants the Cross - access easement to the Village as provided on the plans submitted should it be obtained. 3. Additional landscape to be provided. VILLAGE OF OAK BROOK Minutes Page 7 of 14 October 24, 2006 8. A. 2) Motion by Trustee Sanford, seconded by Trustee Kennedy, to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to Section 13- 7C -3.c to allow an approximate 31 -foot encroachment into the required 100 foot setback on 22"d Street; and approval of the variation to Section 13- 12 -3.h to allow an approximate 5 -foot encroachment into the 10 -foot setback required for the parking along Tower Drive and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 145 2006 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS - None presented. C. AWARD OF CONTRACTS 1) SURPLUS TELEPHONE EQUIPMENT The conversion to an in -house telephone system was completed on August 11, 2006. The old telephone equipment was declared surplus at the August 22, 2006 Board Meeting. The Village received one bid from Robert Kosman on September 8, 2006, the date bids were due. Staff felt that $2,885 was below the expected value for the equipment and while staff was reviewing options, the Village received a bid on October 3, 2006 (after the original bid date) from Indycom Telephone in the amount of $3,400. Staff is recommending that the bid submitted by Indycom Telephone be accepted since it is a fair bid amount for the equipment. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board reject the bid from Robert Kosman in the amount of $2,885, and accept the bid of Indycom Telephone, Shoalf, Indiana, for surplus telephone equipment for the lump sum price of $3,400. ROLL CALL VOTE: Ayes- 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried.. 2) WATER SYSTEM LEAK DETECTION SURVEY The Village Board, at its September 12, 2006 meeting, authorized staff to negotiate a three -year contract with Associated Technical Services, Ltd for leak detection services. Associated Technical Services' only business is leak detection. They are family owned and operated and most of their technicians are family members that have been with the company since its inception in 1979. VILLAGE OF OAK BROOK Minutes Page 8 of 14 October 24, 2006 a C. 2) Associated Technical Services was awarded the contract four years ago, and due to their experience, thoroughness and familiarity with our system, they are being recommended for this contract award. They were able to pinpoint numerous water main leaks over the past four years, saving the Village thousands of dollars in DuPage Water Commission costs. The 2007 unit cost is the same as our 2006 contract with a 4.7% increase in 2008 and 2009. The leak detection program will be conducted in two phases. The Phase I Survey, will consist of connecting to all system fire hydrants and main line valves with sophisticated ultrasonic sound detection equipment that pick up suspect sounds of water escaping from underground pipes in the general vicinity. Based on information obtained during the survey phase, a priority list will be generated noting the general area of each leak. During Phase II- Pinpointing, each suspect leak will be revisited by priority, and the exact location (within a few feet) of the suspect leak will be pinpointed with computerized noise correlating equipment. At this point, the area will be excavated and the leak(s) verified and repaired by our crews Motion by Trustee Yusuf, seconded by Trustee Kennedy, I move that the Village Board approve a negotiated three -year contract, subject to staff review, to Associated Technical Services, Ltd., Villa Park, Illinois, for a lump sum cost of $12,144.00 for year 2007, $12,751.20 for year 2008, $13,358.40 for year 2009, and for unit costs. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. D. TRANSFERS AMONG BUDGET LINE ITEMS RECOMMENDATION CONTINUED FROM OCTOBER 10, 2006 At the October 10, 2006 Village Board meeting, a proposal was made to adjust the Board's current policy of requiring a mid -year budget transfer for any line item variance that exceeds 10% to a proposal that would require a budget transfer for any account that exceeds 10% and $2,500. This proposal was made in order to reduce the large number of small dollar transfers required under the current policy. Several Board members expressed concern that by leaving in the 10% provision a large budget variance would not require a transfer since it might fall below the 10% limit. For example, a $30,000 variance in an account with an annual budget of $400,000 would not require a transfer in either the current or recommended policy. It is my understanding that the Board would like to have transfers done for these types of variances. VILLAGE OF OAK BROOK Minutes Page 9 of 14 October 24, 2006 9. D. In practice, if a $2,500 threshold is used regardless of any percentage limitation, this would result in many more transfers because there are routinely many variances in personnel accounts (salaries, overtime, pension, insurance, etc.). Many of these are outside of the control the individual department, and many would not go over until the very end of the year when the Board does not meet. As such, Finance Director Langlois is recommending a higher threshold of $10,000 for the personnel series of accounts. The $2,500 limitation on all other accounts would apply, and the 10% test has been eliminated. This will allow the Board to focus on more material items. Since the Board and staff may wish to evaluate how the new policy works in practice, it is Finance Director Langlois' recommendation that the Village Board defer updating the formal Financial Policy ordinance for six months to a year until such a determination has been made. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board revise the policy requiring mid -year line item budget transfers to (1) require transfers for all budget variances that exceed $2,500 in any material and supply account, operation and contractual account, and capital account (6000 -9000 account series), and (2) require transfers for all budget variances that exceed $10,000 in any personnel account (5000 series). ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS - None presented. B. ORDINANCES & RESOLUTIONS - None presented. C. AWARD OF CONTRACTS 1) RESERVOIR A — EMERGENCY DIESEL ENGINE PURCHASE Connected to one of the largest high- service pumps at Reservoir A, is a stand- alone diesel engine that in the event of a ComEd power outage, will drive Pump No 4 and deliver water from the ground storage reservoir into the distribution system. During a recent and routine maintenance check, unburned fuel and carbon was found in the exhaust system and was also found mixed in with the engine oil and coolant; a potentially ominous sign referred to as "wet- stacking ". Upon disassembly and inspection from an outside engine contractor, (Charles Equipment out of Addison, IL.) several cylinder pistons and valves were found to be damaged to the point of requiring a complete engine overhaul. This is a very common condition with older diesel engines that are not routinely operated under heavy loads. VILLAGE OF OAK BROOK Minutes Page 10 of 14 October 24, 2006 10. C 1) Normally, though extremely costly, a repair would be contemplated vs. purchasing a new engine. However, as this is the original station engine and is 29 years old, parts are no longer available rendering the unit obsolete. Consequently, staff contacted several reputable engine manufacturers /installers the Village has previously worked with and obtained quotes for replacement engines that will properly "mate" with the high - service pump. Cummins NPower — Updated remanufactured version of existing unit - $31,795.00 Charles Equipment— Updated remanufactured version of existing unit - $39,000.00 Patten (Caterpillar) — New Cat model engine to replace existing unit - $48,600.00 John Deere — No engine available to replace existing unit - N/A Due to the emergency nature of the matter and action already undertaken by staff to fast -track the process, it is staff s opinion that competitively bidding would only delay the replacement process further without realizing any financial advantage. To underscore this, Charles Equipment themselves suggested we contract directly with an engine manufacturer and save installer "markup" on the unit which should save the Village several thousand dollars. Motion by Trustee Yusuf, seconded byt Trustee Kennedy, to waive formal bids and issue a purchase order to Cummins NPower L.L.C. of Gary, IN., in the amount of $31,795.00 for the immediate replacement of the emergency diesel engine at Reservoir A. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. 2) ENERGY CHOICE, P.C. Legislation for the deregulation of electricity was passed in 1997 and took effect in 1999. Com Ed was required to freeze their prices from 1999 -2006 at approximately 20% lower than the 1999 rate. The deregulation applies to non- residential customers only. Residential customers will still be serviced by Com Ed and should expect an increase of 20 % -25 %. The Metropolitan Energy Collaborative (MEC) was created by the Metropolitan Mayors Caucus and enterpriz Cook County to assist municipalities in investigating economic alternatives to Com Ed's auction prices when purchasing electricity. Energy Choices, P.C. is the designated agent of their collaborative. Com Ed is expected to increasing the Village's cost for water pumping bills by 17.8% and street lights by 37.1%. These increases are higher than current market prices. VILLAGE OF OAK BROOK Minutes Page 11 of 14 October 24, 2006 10. C. 2) EC believes that a 3rd party company increase will be below the current market, thus saving the Village money. In order to determine what sort of increase will apply to the Village from a 3rd party company, the Village Board must approve this agreement and send copies of previous bills from Com Ed so they can determine what type of savings the Village could receive. EC has advised us that the Village cannot offer our eventual rate to Oak Brook commercial customers. Each commercial account would have to be reviewed separately to determine available rates. The Village pays no fee to Energy Choices (EC) under the following circumstances: 1. if we choose an ARES (alternate retail electric supplier) to supply us electricity 2. if the alternative suppliers only offer supply costs equal to or greater than 98% of the Com Ed rates The Village pays a fee if the Village is offered alternate suppliers with costs less than 98% of the Com Ed rates and elect to stay with Com Ed. The fee the Village would pay is equal to 1.5% of actual electricity costs for the past 12 months. The electricity cost for water pumping and street lights for 2005 was $128,885, and therefore the potential fee (1.5 %) could be in the range of $1,930. EC has been in the business since 1997 and is currently working with over 25 municipalities. They work with 6 different 3rd party companies that supply electricity. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that the Village Board direct staff to enter into an agreement with Energy Choice, P.C. (EC) to secure a competitively priced electricity supply to the Village for non - franchise covered electrical supply. ROLL CALL VOTE: Ayes- 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent: 2 - Trustees Aktipis and Craig. Motion carried. D. FINANCIAL REPORT OF THE 2006 OAK BROOK AUTUMN FESTIVAL Resolution 2005 -BD- AFC -R -928 established the Ad Hoc Committee for the 2006 Autumn Festival. The resolution requires that the Committee evaluate the 2006 Autumn Festival and to make recommendations concerning future events. Attached is the financial report of the 2006 event in which the Committee met and recommended that the Village Board of Trustees consider approving a 2007 Autumn VILLAGE OF OAK BROOK Minutes Page 12 of 14 October 24, 2006 10. D. Festival Event. The Committee requests that funds remaining in the amount of $667.23 from the successful 2006 Autumn Festival event be designated for the 2007 Autumn Festival event. Motion by Trustee Yusuf, seconded by Trustee Sanford, to direct the Village Attorney to draft the necessary resolution establishing an Ad Hoc Committee for the purpose of planning and coordinating the 2007 Oak Brook Autumn Festival. VOICE VOTE: Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT - None recorded. B. VILLAGE MANAGER - None recorded. C VILLAGE CLERK - Clerk Gonnella reminded residents of the DuPage County Early Voting for the November 7 General Election at the Village Hall and explained the hours. She also explained that November 7"' was the first day to circulate petitions for signatures for the municipal April 17, 2007 Consolidated Election. At this time, four residents have taken candidate packets for this election. They are John Craig, Denise Tennison Mauro, Kevin Quinlan and Asif Yusuf for the Village President office and Gerald Wolin for the Village Trustee office. She added that packets were available in the Village Clerk's office from the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday. 12. ADJOURN TO CLOSED MEETING to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body (2c 1) Motion by Trustee Kennedy, seconded by Trustee Sanford, to adjourn to Closed Meeting at 8:40 p.m. ROLL CALL VOTE: Ayes: 4 - Trustees Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None Absent. 2 - Trustees Aktipis and Craig. Motion carried. 13. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Sanford, to adjourn the Regular Meeting of the Board of Trustees at 9:09 p.m. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 13 of 14 October 24, 2006 ATTEST• s /Linda K. Gonnella Linda K. Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes Page 14 of 14 October 24, 2006