A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK SEPTEMBER 28, 2010

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1 A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK SEPTEMBER 28, 2010 CALL TO ORDER The Regular Meeting of the Mayor and Board of Trustees of the Village of Bolingbrook was called to order at the hour of 8:02 p.m., September 28, 2010, in Bolingbrook, Illinois, by Mayor Roger C. Claar. PLEDGE OF ALLEGIANCE Mayor Roger C. Claar requested that Chuck Danhof, longtime Bolingbrook resident and member of the Bolingbrook Lions Club, lead the Pledge of Allegiance to the Flag. ROLL CALL Village Clerk, Carol Penning, called the roll. Present were: Mayor Roger C. Claar, Trustees Leroy J. Brown, Michael T. Lawler, Rick Morales, Joseph B. Morelli, Patricia Schanks and Sandra S. Swinkunas. Absent: None Also present were: Village Clerk Carol S. Penning, Village Attorney - James Boan, Police Chief - Kevin McCarthy, Fire Chief - David Litton, Planning & Zoning Administrator - Nicole Knapp in for Director of Community Development - Dennis Kowalczyk, Director of Public Works Mike Drey, Finance Director Rosa Cojulun, Information Technology Director Brenda Ladipo Absent: None Representing the press: Michelle Manchir Tribune Local Bob Anderson - The Bolingbrook Sun JOURNAL OF PROCEEDINGS Motion Brown, second Morales to approve the minutes of the August 24, 2010, Village Board meeting submitted by the Village Clerk. VOICE VOTE. MOTION CARRIED. APPROVAL OF AGENDA/ADDITIONS Village Attorney, Jim Boan, noted that there would be an Executive Session regarding litigation. There were no additions or corrections to the regular meeting agenda. Motion Morelli, second Swinkunas to approve the agenda. VOICE VOTE. MOTION CARRIED. 1

2 APPROVAL OF APPOINTMENTS Motion Schanks, second Morales to approve the appointments on the agenda as follows: Fire & Police Board: Reappointment & appointment to Chair - Dennis Meehan Reappointments - Barbara Provo, Prem Lalvani and Cesar Pinzon Voice vote. Motion carried. PROCLAMATIONS FIRE PREVENTION WEEK, October 3-9, 2010: Mayor Claar proclaimed October 3rd through the 9th, 2010, as FIRE PREVENTION WEEK and asked residents to remember the Fire Prevention Week 2010 theme "Smoke Alarms: A Sound You Can Live With". Jim Smith, Fire Marshal, accepted the proclamation. BOLINGBROOK LIONS CLUB CANDY DAYS, October 8th & 9th, 2010: Mayor Claar proclaimed October 8th and 9th BOLINGBROOK LIONS CLUB CANDY DAYS and urged citizens to donate generously in support of this worthy endeavor. Bill Weber, President of the Lions Club in Bolingbrook, accepted the proclamation. SWEARING-IN Fire & Police Board: Dennis Meehan was sworn in as a reappointed Board member and then sworn in as chair of the Board. Barbara Provo and Prem Lalvani were reappointed as Board members. Cesar Pinzon could not attend the meeting and will be sworn in at a different time. PRESENTATIONS LANDSCAPE AWARDS - AUGUST 2010 Mayor Claar and Phyllis Ruggiero, Chair of the Beautification Commission, along with commission members gave out plaques to the winners of the August 2010 Landscape Awards. Winners were as follows: Robert & Natalie Pauls 535 Barclay Dr. Angela & Gus Spatharakis 781 Barclay Dr. Danh & Mai Vo 332 Brighton Ln. Gwendlyn & James Zimmerman 796 Lindsey Ln. Anita Butler 1 Four Seasons Ct. William & Veatrice Leach 2 Four Seasons Ct. Christopher Cusick 1096 Four Seasons Ln. Jerry & Theresa Smallwood 1097 Four Seasons Ln. Andrew & Rosanne Harrington 1105 Four Seasons Ln. Ernnesha Hunter 1 Taylor Ct. Doug Zimny 14 Redspire Ct. James & Carol Conrad 270 Sunshine Dr. 2

3 Susan Smith 1 Collingwood Ct. Ross & Tammy Mohrman 1145 Collingwood Ln. Thomas & Mary Roberts 808 Wimbledon Ct. Ervin & Joan Toth 305 Slugrave Ct. Enriquito & Ligaya Deguzman 1021 Londonberry Ct. Wesley Mazur 693 Kensington Wy. William & Diana Bodell 1072 Rain Tree Dr. Kevin Cunningham 327 Stonecreek Dr. David Franklin 1066 RainTree Dr Chito Bumanlag 1333 Rosemary Dr. M. Chaquinga V. Fierro 1306 Riverview Ln. Phillip Cousin 1322 Rosemary Dr. Michael O'Donnell Greg Fraker 2041 Mark Cir. Jose & Cecilia Ortega 2077 Mark Cir. Filipe & Elisa Pico 2151 Emily Dr. Francis & Susan Prock 1913 Eisenhower Dr. Michael & Pam Slikas 2349 Brookstone Dr. Leonard & Christina Tham 2183 Muirfield Trail Tim & Joann Tunt 1900 Eisenhower Ln. Michael Preze 504 Clover Ln. Jonathan Hall 109 Concord Ln. Alexander & Catherine Erdmann 2 Genesee Ct. Timothy & Michelle Smith 125 Orchard Dr. Jim & Carol Kurdski 431 Justine Ave. Rodolfo & Violeta Estrada 7 Swan Cir. Spyros Antonopoulous 3 Swan Cir. Mary & Charles Hoffman 649 Gannet Ln. Randy Radecki 644 Goldenrod Dr. David & Lisa Kerr 321 Shield Ct. Ventura Ramirez 404 Galahad Dr. Steven & Alissa Medows 818 Wescott Rd. PLAQUE & YARD SIGN WINNER: Enriquito & Ligaya Duguzman 1021 Londonberry Ct. BILL APPROVAL Motion Morales, second Lawler to approve expenditures submitted as Bill Listing A - Payables in the amount of $2,029, and Bill Listing B - Pre-paids in the amount of $375, totaling $2,404, (Copies were made available in the Finance Dept. and Clerk's Office.) 3

4 Tax Receipts 1. June, 2010 State Income Tax - $344, (June, 2009 State Income Tax - $342,102.18) a.73% Increase 2. July, 2010 Sales Tax - $2,083, (July, 2009 Sales Tax - $1,936,285.87) a 7.6% Increase 3. July, 2010 Motor Fuel Tax - $140, (July, 2009 Motor Fuel Tax - $170,867.49) a 17.6% Decrease RESOLUTION 10R-050 APPROVING INVOICE FROM CLARKE ENVIRONMENTAL FOR SPRAYING OF ADULT MOSQUITOES Motion Swinkunas, second Morelli to adopt a resolution approving an invoice from Clarke Environmental for spraying of adult mosquitoes. In August, the Village authorized Clarke Environmental to do a village-wide adulticide spraying of mosquitoes. The work was performed on August 14th. The spraying was predicated on recommendation of the Will County Health Department to help prevent West Nile virus. The cost was $20, This resolution authorized the payment. RESOLUTION 10R-051 APPROVING CUSTOMER WORK AGREEMENT WITH COMMONWEALTH EDISON FOR RELOCATION OF OVERHEAD POWER LINES (LILY CACHE LANE BETWEEN ORCHARD ROAD AND VETERANS PARKWAY) Motion Morales, second Brown to adopt a resolution approving a Customer Work Agreement with Commonwealth Edison for relocation of overhead power lines at Lily Cache Lane between Orchard Road and Veterans Parkway. Phase 4 of the Lily Cache Lane widening project is scheduled for next year. In anticipation of the work, the utilities need to be relocated. This resolution approved a customer work agreement with Commonwealth Edison to relocate and underground the service lines on Lily Cache from Orchard to Veterans Parkway. The Village will be responsible for the cost of undergrounding, which will be $950, and will be paid for by the use of Rider 28 (meaning it is included in ComEd s overall billing). Phase 3 should be complete by the end of October. 4

5 RESOLUTION 10R-052 APPROVING MAINTENANCE CONTRACT FOR MUNIS SOFTWARE - TYLER TECHNOLOGIES Motion Schanks, second Lawler to adopt a resolution approving a Maintenance Contract for Munis Software - Tyler Technologies. The software program that the Village uses for most financial applications is MUNIS. This resolution authorized the annual payment to Tyler Technologies for maintenance support and license renewal. The cost will be $61,200. The Finance Committee has reviewed and recommended approval. PC TEXT AMENDMENT TO THE ZONING ORDINANCE ARTICLE 4 PART 3, ARTICLE 9 PART 1 ARTICLE 15 PART 2 INDUSTRIAL DISTRICT USES, INCLUDING BUT NOT LIMITED TO PAWN SHOPS AND PRECIOUS METAL DEALERS, PLANNED DEVELOPMENT AND DEFINITIONS; VILLAGE OF BOLINGBROOK, COMMUNITY DEVELOPMENT DEPARTMENT, APPLICANT Motion Morelli, second Schanks to accept Plan Commission Report PC for text amendment to the Zoning Ordinance (Article 4, part 3, Article 9, part 1, Article 15, part 2) Industrial District Uses, including but not limited to pawn shops and precious metal dealers, planned development and definitions; Village of Bolingbrook, Community Development Department, Applicant. Voice vote. Motion carried. ORDINANCE AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE RE INDUSTRIAL USES Motion Morelli, second Schanks to pass an ordinance amending certain provisions of the Zoning Ordinance of the Village regarding industrial uses. 5

6 This was a housekeeping ordinance initiated by the staff. The Village Code does not currently provide, as either a permitted or as a Special Use, certain types of businesses in any of its zoning district. The Village has limited certain less traditional retail uses such as tattoo parlors and adult book stores to industrially zoned area. This ordinance amended Articles 4, 9 and 15 of the Zoning Ordinance to limit Pawn Shops and Precious Metal Dealers, as an allowable permitted use, in the I-1 Industrial Zoning District. The ordinance also imposed conditions on permitted or Special Uses in this zoning district. PC SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT TO ALLOW A TOBACCO STORE N. BOLINGBROOK DRIVE; LOW BOB'S TOBACCO, APPLICANT Motion Lawler, second Swinkunas to pass Plan Commission Report PC for a Special Use Permit for a Planned Unit Development to allow a tobacco store at 136 N. Bolingbrook Dr.; Low Bob's Tobacco, Applicant. VOICE VOTE. MOTION CARRIED. ORDINANCE APPROVING SPECIAL USE PERMIT FOR PLANNED COMMERCIAL DEVELOPMENT TO ALLOW A TOBACCO STORE - BRIAR SQUARE (136 NORTH BOLINGBROOK DRIVE - LOW BOB'S TOBACCO) Motion Schanks, second Morelli to pass an ordinance approving a Special Use Permit for a Planned Commercial Development to allow a tobacco store in the Briar Square Shopping Center at 136 N. Bolingbrook Dr. - Low Bob's Tobacco. Efrain Aguilera sought approval of a Special Use Permit to allow a tobacco store to occupy 1,768 square feet of retail space in the Briar Square Shopping Center (behind McDonald s on Rt. 53). This ordinance approved the Special Use Permit. The Plan Commission has reviewed and recommended approval. The owner, Efrain Aguilara, talked about his new business. He stated that Low Bob's is a franchise out of Indiana. He hopes to open as soon as possible. Hours will be Monday through Saturday from 8:00 a.m. to 8:00 p.m. Yea 5 - Brown, Lawler,, Morelli, Schanks, Swinkunas Nay 1 - Morales 6

7 ORDINANCE APPROVING LABOR CONTRACT BETWEEN THE VILLAGE OF BOLINGBROOK, ILLINOIS AND THE BOLINGBROOK FIRE FIGHTERS ASSOCIATION LOCAL 3005 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO-CLC Motion Brown, second Lawler to pass an ordinance approving the labor contract between the Village of Bolingbrook, Illinois, and the Bolingbrook Fire Fighters Association Local 3005 of the International Association of Fire Fighters AFL-CIO-CLC. The Fire Fighters Labor Contract with IAFF Local 3005 expired April 30, The Village and the Union have been negotiating since early 2009 on a renewal. A tentative agreement was reached with the Union several weeks ago. The Union membership has ratified the contract. The contract contains the following highlights: 1) A three year contract retroactive to May 1, ) Wage increases: 0% % % ) The Village agreed to extend an early retirement incentive to three (3) fire fighters under the same terms as the previously offered program, which will result in the rehiring of the three (3) fire fighters that were laid-off in the current year s budget. 4) Adopting Fair Labor Standards Act language will allow the Village to pay a reduced overtime rate of $30/hour for non-core activities provided by fire personnel (i.e., safety house) 5) Increase of 10% per year in employee contribution toward health insurance premiums 6) An increase in the cost of prescription co-pays as follows: Generics $5 to $10 and Brand Names $10 to $20 7) Language changes effecting the contract include a) Inclusion of an alcohol/drug testing policy b) Minimum time commitments for specialty teams c) Minimum standards to qualify for engineer and inspector positions d) Abuse of sick time This ordinance approved the renewal of the contract. 7

8 ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY - EVENTIDE DIGITAL LOGGING RECORDER SYSTEM Motion Swinkunas, second Schanks to pass an ordinance authorizing the sale of surplus personal property - Eventide Digital Logging Recorder System. The Village recently entered into an agreement with Will county E to join the countywide system. This was done in conjunction with the building addition to the Police Department. As a result of the agreement, the County has replaced all of the Village s E equipment including an Eventide Digital Logging Recorder System which recorded 911 calls and emergency radio communications. The equipment was two (2) years old. This Ordinance declared the equipment surplus and authorized the Police Department to sell the property. The estimated value was $30,000 and the funds will be deposited in the Village s E account for future equipment purchases. ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE INCREASING CLASS "B" FROM TEN (10) TO ELEVEN (11) - COSTCO (COSTCO WHOLESALE CORPORATION) Motion Swinkunas, second Schanks to pass an ordinance amending Chapter 13 of the Municipal Code increasing Class "B" liquor licenses from ten (10) to eleven (11) - COSTCO (COSTCO Wholesale Corporation). COSTCO Wholesale Corporation plans to open their store on November 18th this year. They have requested a "Class B" Liquor License for the sale of packaged liquor. This ordinance increased the number of Class B licenses from ten (10) to eleven (11) and issued the license to them. Chris Davis, Manager of COSTCO, talked about COSTCO and answered questions regarding the new store. Construction is moving along as planned and merchandise should start coming in mid October. They still plan to open on November 18th. Anyone interested in working at COSTCO can go to their website "costco.com" and fill out an application. 8

9 ORDINANCE AMENDING CHAPTERS 2, 13 AND 19 OF THE MUNICIPAL CODE RE ADMINISTRATION OF THE EXECUTIVE DEPARTMENT Motion Lawler, second Schanks to pass an ordinance amending Chapters 2, 13 and 19 of the Municipal Code regarding administration of the Executive Department. Ordinance , enacted in September 2004, provided for the elected officials to receive an annual 3% cost of living increase to their compensation. This year, the elected officials refunded their 3% raise. This ordinance amended Chapters 2, 13 and 19 of the Municipal Code to provide that, starting in April of 2011, elected officials will receive a C.O.L.A. of 2% a year. This was comparable to the compensation that was negotiated with the fire fighters (see Ordinance ). Elected official compensation must be addressed at least 180 days prior to an election, which is on April 5, QUESTIONS FROM THE AUDIENCE None QUESTIONS FROM THE PRESS None TRUSTEE COMMENTS Trustee Lawler gave details of the "Preserving Financial Resources during Tough Economic Times" seminar on Saturday, Oct. 9th, 9:00 a.m. to 11:30 a.m., at the Romeoville Recreation Center sponsored by the Community Service Council. Reservations to attend the seminar were necessary. Trustee Swinkunas congratulated New Life Lutheran Church's 40th Anniversary and mentioned the DuPage Township Job Fair on October 6th from 9 a.m. to 1:00 p.m. She also announced that Trick or Treat hours will be on Sunday, October 31st, from 4:00 p.m. to 7:00 p.m. Trustee Brown announced that BCT received a Golden Achievement Award for their DVD about what happens at a school district when a concern triggers "lock down" mode.. Trustee Schanks announced the "Poly Emery Royce Gravesite Dedication" at 10 a.m. on October 2nd at Boardman Cemetery. Poly is being recognized as a "Daughter of the American Revolution". Trustee Morelli had no comment. 9

10 Trustee Morales gave details regarding the Chamber of Commerce Business Expo event on October 21st at the Bolingbrook Golf Club from 1:30 p.m. to 7:00 p.m. Mayor Claar announced that the last day to register to vote is Tuesday, October 5th. He also noted that the next weekend was Bolingbrook High School's Homecoming. They will be playing football against Homewood Flossmoor. EXECUTIVE SESSION Motion Brown, second Swinkunas to enter into Executive Session for the purpose of discussing litigation (5 ILCS 120/2(c)(11) according to the provisions of The Open Meetings Act. Yea 6 - Brown, Lawler, Morales, Morelli, Schanks and Swinkunas Nay 0 - Absent 0 - None None Motion Carried and the Board Entered into Executive Session at 9:00 p.m. RECONVENE The Regular Meeting reconvened at 9:45 p.m. ADJOURNMENT Motion Morales, second Schanks to adjourn the regular meeting. Voice vote. Motion carried and meeting adjourned at 9:47 p.m. ATTEST: Roger C. Claar MAYOR Carol S. Penning, CMC VILLAGE CLERK 10