Minutes - 11/13/2007 - Board of TrusteesMINUTES OF THE NOVEMBER 13, 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 7:33 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, Moin Saiyed, Robert G. Sanford and Gerald Wolin.
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Dale L. Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of
Community Development; Bruce F. Kapff, Director of Information
Services & Purchasing; Margaret Klinkow Hartmann, Library Director;
Darrell J. Langlois, Finance Director; Stephen Larson, Deputy Police
Chief, Thomas McEllin, Deputy Fire Chief; 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 - None presented
4. RESIDENT /VISITOR COMMENT
Resident Karen Bushy, former Village President, addressed the Board indicating that she
had served the Village of Oak Brook for 26 years. She expressed concern regarding
accusations that during her tenure the Village paid for someone to write speeches for her.
She also addressed concern for the ethics of naming village employees and their salaries.
She wanted to clarify that no one spoke for her other than herself.
Lars Okmark spoke on the Dean Sanctuary and Mrs. Dean's wishes for the property and
the concerns of the neighbors in the area. He asked for clarification on the issue of buses
on Canterberry and parking on the Dean property.
Mary Ann Mazukelli also thanked the Board for addressing the issue of the speed limit on
35t" Street and expressed her concerns.
Mario Vescovi addressed the Board regarding the discussions of October 23, 2007
VILLAGE OF OAK BROOK Minutes' Page 1 of 14 November 13, 2007
4. regarding legal issues. He called for the Village President to contact the District Attorney
to investigate the issue
5. APPROVAL OF MINUTES
A. REGULAR BOARD OF TRUSTEES MEETING OF SEPTEMBER 25, 2007
Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Minutes of
the September 25, 2007 Regular Board of Trustees Meeting as presented or amended.
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.
A. ACCOUNTS PAYABLE FOR PERIOD ENDING NOVEMBER 9, 2007 -
$552,700.26
Significant Items included in Above:
1) Casey Equipment Company, Inc - Payout #1 & Final - Asphalt Paving Box -
$23,275.00
2) Bruno's Tuckpointing - Payout #2 & Final - Butler Government Center Wall -
$6,298.80
3) Paint Pros - Payout #2 and Final - Library Exterior Wood Refurbishing -
$25,060.00
4) James J. Benes & Associates - Payout #5 - Westdale Garden Water Main -
$13,696.79
5) Dixon Engineering, Inc. - Payout # 4 - Elevated Water Storage Tank
Repair /Painting - $4,995.00
B. APPROVAL OF PAYROLL:
1) FOR PAY PERIOD ENDING OCTOBER 20, 2007 - $692,693.58
2) FOR PAY PERIOD ENDING NOVEMBER 3, 2007 - $718,765.15
C. COMMUNITY DEVELOPMENT REFERRALS
1) ADVOCATE HEALTH & HOSPITALS CORPORATION - 1400
KENSINGTON - VARIATION - PARKING REGULATIONS
Advocate Health & Hospitals Corporation, the owner of the building located at
1400 Kensington Road is requesting approval of a variation to Section 13 -12 -3H
2 in order construct 84 new off - street parking spaces within the 100 -ft. side yard
VILLAGE OF OAK BROOK Minutes Page 2 of 14 November 13, 2007
6. C. 1) setback along Kensington Court. At the present time, Section 13- 12 -31-1-2 limits
the number of parking spaces in the front or side yard abutting a street to six (6)
spaces.
The recommended action was to refer the request for a variation to Section 13-12 -
3H -2 of the Zoning Ordinance relative to permit the construction of additional
parking 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:
1) PROFESSIONAL ENGINEERING DESIGN SERVICES - JORIE BLVD LAPP
PROJECT
The Village applied for and received a Local Agency Pavement Preservation
(LAPP) grant for Jorie Boulevard in 2005. This grant provides 70% funding with
the Village providing 30 %. The engineer's cost estimate was about $1,000,000.
The original construction time frame was 2009; however, that was delayed to
2012 by the Mayors and Managers Transportation Technical Committee due to
funding constraints.
The 2008 Budget will contain funds for the design of the Jorie Blvd LAPP
Project. The intent is to design the plans in 2008 and have them ready as soon as
a funding opening appears (it is common for projects to not be ready in their
planned year and other projects that are ready can take their place). Funds for the
construction will be included in a future Budget.
Staff is seeking approval to negotiate a Professional Services Contract with the
consulting engineering firm of James J. Benes & Associates, Inc. The Benes firm
has been utilized since 1991 for Village annual paving projects as well as major
road work such as the 22nd /York reconstruction project funded by a federal grant.
The firm is highly qualified to accomplish these professional services and has
become very familiar with the Village's particular procedures and policies, which
saves time and money. If another firm were selected, both the Village staff and
the firm would spend additional time to orient them. Additionally, the Benes firm
has worked within several surrounding municipalities for the past several years
and is very familiar with the area. The Benes firm has historically experienced
good efficiency with its workers and a low overhead rate, which has been
beneficial to the Village in controlling costs.
Of significance is the fact that the Benes firm originally designed and performed
construction inspection on the 1992 reconstruction of Jorie Boulevard which
utilized STP grant funds. Additionally, their engineers on past projects have been
excellent in contacting residents and handling their concerns.
VILLAGE OF OAK BROOK Minutes Page 3 of 14 November 13, 2007
6. D. 1) In recommending a particular firm, staff follows a logical procedure as well as
State law applicable to procuring professional services. With any professional
service, whether it be engineering, architectural, or legal, the Village is buying
creativity and expertise, not a commodity. The selection is based on
qualifications and competence in relation to the scope and needs of a particular
project. An exact predetermined scope of work is not available for professional
services and technical expertise is needed to review and identify technical issues
and alternatives and develop functional, cost effective designs or solutions.
This procurement process must also follow State law which requires a local
government to select architects, engineers and land surveying services on the
basis of qualifications and to negotiate contracts that are fair and reasonable. The
statute lists specific procedures that must be met, including the selection of a
most - qualified firm before compensation discussions can take place. Straight
competitive bidding is not permitted under the statute, nor is it appropriate given
the nature of the work.
Both the logical and statutory issues are satisfied in a process known as
Qualifications Based Selection (QBS). QBS is a process that facilitates selection
on the basis of qualifications and competence and facilitates the development of
an appropriate scope of work at fair and reasonable prices. It evolved from the
public owners need to be an informed customer and to have a logical, fair and
objective means of selecting professional means. QBS is straightforward and
easy to implement, is objective and fair, can be well documented, and is open to
public scrutiny.
The Village went through the full QBS process in 1991 doing the selection of a
consultant for the 1991 Paving Project and in 1999 for the 2000 Paving Project.
Those processes concluded that the Benes firm was the most qualified of eleven
firms considered in 1991 and the seventeen firms considered in 1999. Based on
their exemplary performance, it is recommended that the Village use them again.
Please note that staff recommends other consultants for other project types; staff
does not recommend the same consultant for all Village projects.
From a professional viewpoint, Benes has provided excellent service at excellent
rates which is why staff recommends them for this project.
The recommended action was that the Village Board authorize staff to negotiate a
contract with James J. Benes and Associates, Inc. for Professional Engineering
Design Services regarding the Jorie Blvd LAPP Project. When the contract is
complete it will be brought before the Board approval.
VILLAGE OF OAK BROOK Minutes Page 4 of 14 November 13, 2007
6. E BUDGET ADJUSTMENTS
1) Public Works - Electric, Health Insurance, Maintenance Vehicles
2) Community Development - Consulting Services
3) Engineering - B. T. & Misc.
4) Employee Benefits - Consulting Services
5) General Management - Consulting Services
6) Emergency Management - Maint. Other Equipment
7) Human Resources - Advertising, Other Services
8) Legal - Village Attorney, Other Services, Litigation Among Corp. Auth.
F. CANCELLATION OF DECEMBER 24 COMMITTEE OF THE WHOLE AND
THE DECEMBER 25, 2007 REGULAR BOARD OF TRUSTEES MEETING
Due to the Village Holiday Schedule, the Village will be closed on Monday,
December 24, 2007 and Tuesday, December 25, 2007. It has been traditional that
the meetings scheduled during the fourth week of December have been canceled
because of the holidays. This year in particular the scheduled meetings fall on
Christmas Eve and Christmas Day. It is recommended that the Board cancel the
December 24, 2007 Committee -of -the -Whole and the December 25, 2007 Regular
Board of Trustees Meetings.
The recommended action was to cancel the December 24, 2007 Committee-of-the -
Whole and the December 25, 2007 Regular Board of Trustees Meetings.
G. RESOLUTION R -1000, A RESOLUTION ESTABLISHING AN AD HOC
COMMITTEE FOR THE PURPOSE OF PLANNING AND COORDINATING THE
2008 OAK BROOK AUTUMN FESTIVAL
Resolution R -1000 establishes an ad hoc committee for the purpose of planning and
coordinating the 2008 Oak Brook Autumn Festival. The number of members is
being restored to seven(7) as there are seven residents who wish to serve on the
Committee.
The recommended action is for passage of Resolution R -1000, A Resolution
Establishing an Ad Hoc Committee for the Purpose of Planning and Coordinating
the 2008 Oak Brook Autumn Festival.
VILLAGE OF OAK BROOK Minutes Page 5 of 14 November 13, 2007
6. H ORDINANCE S -1212, AN ORDINANCE AMENDING THE PERSONNEL
MANUAL OF THE VILLAGE OF OAK BROOK
At the October 23, 2007 Board of Trustees Meeting the Board directed the Village
Attorney to prepare an ordinance to amend Article 5 Section 5C of the Village of Oak
Brook Personnel Manual to include holiday pay for regular part -time employees who
work holidays.
The recommendation was to include all regular part -time employees even though at
this time no other department would be affected by this provision. (Part -time
employees at the Bath and Tennis Club and the Golf Club are classified as either
situational or seasonal employees and would not be affected by this change). All
regular part-time employees would receive one and a half time their regular rate of
pay for all holiday hours worked as opposed to the straight time pay they currently
receive.
The recommended action was for passage of Ordinance 5 -1212, An Ordinance
Amending the Personnel Manual of the Village of Oak Brook, Illinois
I. RATIFICATION OF EXPENSE - ENGINEERING SERVICES 22ND
STREET /SALT CREEK GEOTEC1 NICAL STUDY (SOIL BORINGS)
In determining the feasibility of a `bore and jack' method of installing a proposed 16"
water main under Salt Creek at 22nd Street to replace our existing 12" water main, (all
apart of our 22nd Street water main replacement project that is adjoined to the
Tollway Bridge project), soil borings are extremely beneficial in determining if
unsuitable material (bedrock, etc.) is present in the proposed crossing location. If
these borings are not undertaken and during installation unsuitable soils are
encountered, the installation may be jeopardized causing delay and perhaps
increasing costs.
Subsequently, in an effort to expedite the work and not delay pre -final plans that need
to be submitted by HDR (the Tollway's design engineer and the engineer designing
the 22nd Street work), a local geotechnical engineering firm used by the Village in
past, Claude H. Hurley Co., was directed by staff, after consultation with the Village
Manager, to proceed with the borings at an estimated cost of $5,788.25.
Unfortunately, and mistakenly thinking that the Village Manager's purchasing
authority level of $10,000 that was reinstated in July of 2005 included professional
services; Public Works Director unintentionally misinformed the Village Manager of
this ordinance amendment. Subsequently, the work was authorized and carried out
but should have first received authorization from the Board to do so.
The requested action was to ratify the expense for soil boring analysis as conducted
by Claude H. Hurley Co. at Salt Creek and 22nd Street in the amount of $5,766.00.
VILLAGE OF OAK BROOK Minutes Page 6 of 14 November 13, 2007
6. J. KANAN COURT SUBDIVISION - ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS - REDUCTION IN SUBDIVISION SECURITY
The developer of the Kanan Court Subdivision has accomplished all of his
contractual obligations of providing improvements and documentation. We have as-
built mylar drawings, the engineer's and surveyor's statements, proof of payment for
all work, and the letter from the Flagg Creek Water Reclamation District accepting
ownership of the sanitary sewer on file. All of the punchlist items have been
accomplished.
The Engineering and Water Departments have inspected the improvements and found
them to be acceptable. The Village will own and maintain the water main and the
water services to the b- boxes. The street is private as is the storm sewer system.
The subdivision security can be reduced to an amount equal to 15% of the original
estimate of the work which will be held as security for the 1 -year maintenance period.
The attached Engineering Department computer printout depicts the subdivision
security reductions.
My recommended summary is as follows:
Original amount of subdivision security previous reductions $215,074.22
This reduction $ 32,796 45
Balance in subdivision security $ 39,137.48
The action recommended was that the Board of Trustees
1. Accept as complete the Subdivision Improvements for the Kanan Court
Subdivision, and
2. Authorize a reduction in the Subdivision Security by the amount of $32,796.45,
which leaves $39,137.48 (15% of the original estimate) to act as the 1 -Year
Maintenance Security.
K. VACATION OF DETENTION AND PUBLIC UTILITY EASEMENT - 12
NATOMA COURT
Staff has been reviewing a request of the owner of Lot 6 in the Old Oak Brook
Subdivision (Chris Kariotis) to rebuild and extend his existing pool deck. Part of the
existing deck is located inside the detention and public utility easement that contains
a detention lake. In order to rebuild and extend this deck, the easement has to be
reduced. To justify the request, the owner's engineer accomplished a topographic
survey which showed that the existing easement extended significantly beyond the
actual high water elevation of the detention facility. This extra easement area is
therefore not needed.
VILLAGE OF OAK BROOK Minutes Page 7 of 14 November 13, 2007
6. K The Engineering Department has reviewed the proposed site plan which shows that
all construction will take place above the high water level of the detention pond.
Therefore the detention storage is not negatively impacted.
The Plat of Easement Vacation revises the easement boundary to more closely match
the actual high water limit near the pool and therefore allows additional buildable
area. This easement was similarly amended in 2006 for construction on this home's
rear patio, which is located east of the pool.
The recommended action was that the Village Board approve the Plat of Easement
Vacation on lot 6 in Old Oak Brook.
L 2007 THIRD QUARTER HOTEL /MOTEL TAX RECEIPTS
The Oak Brook Hotel, Convention and Visitors Committee, at a meeting of the
Committee members on November 8, 2007, recommended that $24,841.98 be
released to the Dullage Convention & Visitors Bureau. This amount represents 20%
of 1 % of the 2007 third quarter hotel tax receipts.
The requested action was to authorize the release of 20% of 1 % of the 2007 third
quarter hotel tax receipts to the DuPage Convention & Visitors Bureau in the amount
of $24,841.98, as recommended by the Oak Brook Hotel, Convention and Visitors
Committee.
Motion by Trustee Kennedy, seconded by Trustee Saiyed, to approve the Consent
Agenda and authorize expenditures as presented. 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 - None presented.
8. BOARD & COMMISSION RECOMMENDATIONS - None presented
9. UNFINISHED BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented
President Craig announced that he had spent several hours interviewing candidates
for various positions.
B ORDINANCES & RESOLUTIONS - None presented
VILLAGE OF OAK BROOK Minutes Page 8 of 14 November 13, 2007
9. C. AWARD OF CONTRACTS
1) SPORTS CORE SOFTWARE REPLACEMENT
Pursuant to Village Board direction (March 13, 2007), staff issued a Request for
Proposals (RFP) for the acquisition of a replacement Sports Core software
system.
The only firm choosing to submit a proposal was Jonas Software (three other
firms initially expressed an interest). The total cost quoted by Jonas was $48,825
(not including hardware purchased separately by the Village). Through
negotiations, this price was lowered to $34,425 (they were able to give us a 50%
discount on the license fees — a promo that had previously expired).
In addition to the Jonas cost, the Village will also be purchasing a server, an
inventory control scanner and printer, and replacing and upgrading up to nine
point -of -sale (POS) computers at the Bath & Tennis and Golf Clubs (total
estimated cost of $20,000).
The change -over to the new Jonas system will be completed during the Winter
off - season
In the way of history, the current software system being used at the Sports Core
was implemented approximately eleven years ago. The vendor, Smyth Systems,
was bought out by Jonas Systems last year. The Village needed to get off of the
current Smyth System - Jonas indicated that they would not be keeping the Smyth
System product state -of -the -art, instead encouraging existing customers to move
to an improved system marketed by Jonas
The Smyth software, doesn't provide the functionality needed by staff to
adequately serve our customers. Among other things, the current software does
not include an integrated event management system, which would benefit all
Sports Core facilities.
Motion by Trustee Sanford, seconded by Trustee Carson, that the Village Board
award a contract for a Sports Core software system to Jonas Software U.S.,
Flossmoor, IL, subject to staff review, for the total cost of $34,425. ROLL CALL
VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent 0 - None. Motion carried
Motion by Trustee Sanford, seconded by Trustee Kennedy, that the Village Board
authorize staff to purchase necessary hardware and software, in conjunction with
VILLAGE OF OAK BROOK Minutes Page 9 of 14 November 135 2007
9. C. 1) the Sports Core Software replacement project, for an estimated cost of $20,000.
ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
2) MICROFILM READER, SCANNER, PRINTER
The Village Clerk's Department is responsible for responding to Freedom of
Information Requests within seven working days, for providing documentation
for discovery for litigation via subpoena and research for a variety of reasons.
Currently, other than maintaining the hard copy, the State only allows
microfilming as an alternative for storage. As such, many Village records are
currently on microfilm. In order to comply with the Freedom of Information Act
requests and subpoenas and to allow for needed research into Village records the
Archives must be able to read and reproduce these records until such time as the
State allows for electronic storage and we are able to convert our microfilm
records to the electronic media.
Several years ago, the Village was informed that the machine that we currently
have would not be supported for repair. Recently the printer portion of the
machine needed a toner. The manufacturer no longer makes the toner cartridges
and the fusor also needed replacement which also is no longer readily available.
Based on the critical nature of the machine, and the information provided by the
manufacturers, several years ago the Clerk's office included in the budget a line
item for replacement of the microfilm unit in the estimated amount of $15,000.
Several companies were contacted for prices on this type of unit. The Konica
Minolta price was $11,395.00 and the Canon unit was $8,657.16 (unable to
confirm usage by other customers). Kodak was contacted but we have received
no response from them. The recommended unit has additional features that
provide user friendly controls, electronic zoom and uses proven mature
technology. The Village has had more than ten years experience with staff from
Advantage Microfilm Services who provided reliable technical support and has
served the Village well.
Repair of the unit would probably cost close to $1,000.00, if it can actually be
repaired. The Archives has been without this unit for at least a month and the
bidding process would extend that time considerably. There is an older microfilm
machine in the Police Department, which though exceedingly cumbersome and
extra time consuming has been used in the interim. Therefore, I recommend that
the Board waive the bidding process since there are limited sources, the prices
solicited are very close and our positive experience with the recommended
vendor.
VILLAGE OF OAK BROOK Minutes Page 10 of 14 November 13, 2007
9. C. 2) Motion by Trustee Sanford, seconded by Trustee Kennedy, that the Village Board
Waive the Bidding Process Due to the Critical Nature of the Use of the Equipment
and the length of time involved in the bidding process to Advantage Microfilm
Services, Inc. for the purchase of an Alos Digital Microform Scanner /Printer,
subject to staff review, for the not to exceed price of $9,345.00 and an additional
$750.00 for an Annual Equipment Service Agreement. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. 35"' STREET TRAFFIC STUDY /ENFORCEMENT
At the previous Village Board meeting, a discussion was held about the recent
request from residents for a speed limit reduction on 35th Street. Staff completed a
study which showed that a reduction was not warranted. The Village Attorney was
also asked to determine whether or not we could legally lower the speed limit even if
the study on 35th Street did not recommend this. Also, it was suggested that the police
department undertake various measures to better enforce the speed limit on that road.
The Board reviewed several documents in regards to this issue:
• A memo from Engineer Durfey on various statutes and policies in regards to speed
limits.
• The original speed limit study which the board previously received.
• A memo from the Village Attorney confirming that local authorities can change
speed limits on their streets.
• A memo from Chief Sheahan referencing the results of recent enforcement efforts
on 35th Street.
Trustee Wolin agreed with the traffic study and also believed that 25 was too slow
and that the real issue was one of enforcement. He asked Police Chief Sheahan to
respond. Chief Sheahan felt that there were several challenges that made this issue
less straightforward. He agreed that it would be appropriate to change the limit
because of the flat, straight surface, the high volume of speeders and the quantity of
pedestrians and people on the bike path in such a close proximity.
Trustees Carson, Sanford and Kennedy expressed that they agreed with staff and the
procedures set forth, but did agree with the unique circumstances of this particular
area.
Motion by Trustee Saiyed, seconded by Trustee Carson, to direct the Village
Attorney to draft an ordinance reducing the limit from 30 to 25. VOICE VOTE:
Motion carried.
VILLAGE OF OAK BROOK Minutes Page 11 of 14 November 13, 2007
10. NEW BUSINESS
A. CONFIRMATION OF APPOINTMENTS - None presented
B ORDINANCES & RESOLUTIONS
1) ORDINANCE G -846, AN ORDINANCE AMENDING STANDARDS FOR
THE CONSTRUCTION OF FACILITIES ON THE PUBLIC RIGHT -OF -WAY
AND AMENDING TITLE 8 OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK, ILLINOIS
This summer, Governor Blagoj evich signed a law that drastically changes the
cable franchising process in Illinois. This law allows incumbent operators to
decide whether to continue to provide cable service under their existing
agreements with counties and municipalities or to obtain a state - issued
authorization. It also allows new entrants, such as AT &T, to provide video
service (known as Project Lightspeed) under a local agreement or by obtaining a
state - issued authorization.
On September 24, 2007, AT &T applied to the Illinois Commerce Commission for
a state - issued authorization. The Illinois Municipal League has prepared a model
right of way construction control ordinance to regulate this new service. Staff has
reviewed this ordinance and made some minor modifications to the ordinance,
which is attached. Dale Durfey's November 9, 2007 memo summarizes the
changes.
AT & T is also requesting approval to install the equipment needed for their new
service in various parts of town. By law, we will have 45 days from the date of
the state authorization to issue any necessary permits. I have attached pictures of
the equipment and addresses where they expect to be installing this equipment.
They have been working with staff to provide appropriate landscaping to screen
this equipment
The Illinois Municipal League has also recommended that we approve model fee
ordinances and customer services ordinances related to this new service in the
next couple of months. Staff is currently reviewing these model ordinances and
will present them to the Board at a later date.
Trustee Kennedy had a few concerns about wording and one substantial issue
regarding the removal of abandoned facilities.
Motion by Trustee Wolin, seconded by Trustee Kennedy, for passage of
Ordinance G -846, An Ordinance Amending Standards for the Construction of
Facilities on the Public Right -of -Way and Amending Title 8 of the Village Code
VILLAGE OF OAK BROOK Minutes Page 12 of 14 November 133 2007
10. B. 1) of the Village of Oak Brook, Illinois as amended by Trustee Kennedy. 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 - None presented
D. INTERGOVERNMENTAL AGREEMENT - FLAGG CREEK - WATER
DISCONNECTION FOR UNPAID SEWER CHARGES
This agreement establishes procedures for the Village of Oak Brook to discontinue
water service to customers who have outstanding bills with the Flagg Creek Water
Reclamation District. The agreement also outlines the procedures for the Village to
reinstate water service after the affected customer pays the outstanding bill.
The Village had very little alternative on this issue. 70 ILCS 3010/7 requires a
municipal water service provider to disconnect water service whenever a water
reclamation district notifies the municipality about a delinquent bill.
Trustee Kennedy was concerned about an issue regarding indemnification of the
Village under circumstances of commercial account cut -offs in the case of
misidentification. Attorney Sterk interpreted the statute that the Village would be
covered. Trustee Kennedy indicated that he would prefer' to have the language be
specific. Trustee Wolin agreed that as long as there were no deadlines defined he
would support the changes recommended.
Motion by Trustee Wolin, seconded by Trustee Kennedy, to continue the topic to
have the agreement corrected. VOICE VOTE: Motion carried.
E INTERGOVERNMENTAL AGREEMENT - RETAINING WALL REPLACEMENT - 31ST STREET
& TRINITY LANE
The Village received a letter dated November 5, 2007 from Agnes Dolan and a
proposed Intergovernmental Agreement (IGA). This regards the recent removal by
DuPage County of an older wooden retaining wall which had deteriorated with a new
concrete segmental block wall with a safety railing. The Village Board previously
reviewed this subject at its meeting of June 26, 2007 when it authorized Acting
Village Manager Jeff Moline to concur and execute Chuck Tokarski's letter of May
25, 2007.
Ms. Dolan is requesting that the Village formalize the May 25t" letter into an IGA.
The Village Engineer's review of the proposed IGA, its contents and obligations are
what the Village understood when the Assistant Village Manager signed the letter
back to Chuck Tokarski. Apparently, they need a formal IGA instead of the letter.
VILLAGE OF OAK BROOK Minutes Page 13 of 14 November 13, 2007
10. E. Trustee Kennedy pointed out a scrivener's error to be corrected.
Motion by Trustee Wolin, seconded by Trustee Kennedy, to approve the
Intergovernmental Agreement Between the County of DuPage and the Village of Oak
Brook for Retaining Wall Replacement - 31" Street and Trinity Lane as amended by
Trustee Kennedy. 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 - President Craig announced a meeting on the dangers of
internet predators.
B. VILLAGE MANAGER - None presented.
C. VILLAGE CLERK - Clerk Pruss announced that the General Primary Election is
early this election. It is scheduled for February 5, 2008
12. ADJOURNMENT
Motion by Trustee Kennedy, seconded by Trustee Carson, to adjourn the Regular Meeting
of the Board of Trustees at 8.46 p.m. VOICE VOTE- Motion carried.
ATTEST:
/s/ Charlotte K Pruss
Charlotte K. Pruss
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 14 of 14 November 13, 2007