A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK MAY 14, 2013

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1 A REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF BOLINGBROOK MAY 14, 2013 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 7:32 p.m., May 14, 2013, in Bolingbrook, Illinois, by Mayor Roger C. Claar. PLEDGE OF ALLEGIANCE Mayor Claar requested Mike Drey, recently retired Director of Public Works and Engineering, lead the Pledge of Allegiance to the Flag. ROLL CALL Village Clerk, Carol Penning, called the roll. Present were: Mayor Roger C. Claar and Trustees Leroy J. Brown, Michael T. Lawler, Joseph B. Morelli, Ric Morales, Patricia E. Schanks and Sandra S. Swinkunas. Absent: None Also present were: Village Clerk Carol S. Penning, Village Attorney - James Boan, Public Safety Director- Kevin McCarthy, Finance Director Rosa Cojulun, Acting Director of Public Services & Development Lucas Rickelman Absent: None Representing the press: Laura Katauskas - The Bolingbrook Ruble Alex Soulier - The Bolingbrook Reporter JOURNAL OF PROCEEDINGS Motion Swinkunas, second Brown to approve the minutes of the April 16, 2013, Village Board meeting submitted by the Village Clerk. Voice vote. APPROVAL OF AGENDA/ADDITIONS There were no additions or corrections to the agenda. Motion Swinkunas, second Morales to approve the agenda. Voice vote. APPROVAL OF APPOINTMENTS Motion Swinkunas, second Morales to approve the commission appointments as follows: Arts Council: Phyllis Erickson as Chair 1

2 Historic Preservation: Jerry Wolak as Commissioner Voice vote. Mayor Claar gave an update on the Letter Carriers Food Drive held last weekend. The letter carriers collected a total of 28,353 lbs. of food for the pantry, which was 823 lbs. more than they collected last year. PROCLAMATIONS POPPY DAYS, MAY 17-19, 2013: Mayor Claar proclaimed May 17th through May 19th, 2013, POPPY DAYS in Bolingbrook and urged citizens to recognize the merits of this cause by contributing generously to its support through the purchase of poppies and to wear a Buddy Poppy to signify gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. George Foy, Commander of Bolingbrook VFW Post 5917, accepted the proclamation. NATIONAL POLICE WEEK, MAY 12 - MAY 18, 2013: Mayor Claar proclaimed May 12th through May 18th, 2013, NATIONAL POLICE WEEK and urged citizens to especially honor and show our sincere appreciation for the Police Officers of Bolingbrook by deed, remark and attitude. The proclamation asked all residents to make every effort to express their thanks to our men and women who make it possible for us to leave our homes and families in safety each day and return knowing they are protected by men and women willing to sacrifice their lives, if necessary, to guard our loved ones, property and government against all who would violate the law. Police Chief Kevin McCarthy accepted the proclamation. SWEARING-IN Motion Swinkunas, second Lawler to approve the appointment of Kevin McCarthy to the newly created position of Public Safety Director. Chief McCarthy was sworn in by Mayor Claar as Public Safety Director. 2

3 Motion Swinkunas, second Morelli to approve the appointment of Lucas Rickelman to the newly created position of Acting Director of Public Services & Community Development. Lucas Rickelman was sworn in by Mayor Claar as Acting Director of Public Services & Community Development. APPOINTMENTS/REAPPOINTMENTS Arts Council: Phyllis Erickson was unable to be sworn in as Commission Chair during the meeting as she was recovering from heart surgery. Historic Preservation: Jerry Wolak was sworn in as a new Commissioner. BILL APPROVAL Motion Swinkunas, second Brown to approve expenditures submitted as Bill Listing A - Payables in the amount of $1,604, and Bill Listing B - Pre-paids in the amount of $343, totaling $1,948, (Copies were available in the Finance Dept. and Clerk's Office.) MOTIONS MOTION TO ACKNOWLEDGE AND ACCEPT THE ABSTRACT OF VOTES FOR THE CONSOLIDATED ELECTION HELD APRIL 9, 2013, FROM THE DUPAGE AND WILL COUNTY CLERKS Motion Swinkunas, second Brown to accept a motion to acknowledge and accept the abstract of votes for the Consolidated Election held on April 9, 2013, from the DuPage and Will County Clerks. The consolidated local election was held on April 9, While there was no longer a local canvassing board to review the results, the Village Board needed to accept the vote totals from the Will and DuPage County Clerks. This motion accepted the final vote counts (Copy of certification papers attached). 3

4 MOTION TO ACCEPT LOW BID FROM JAMES D. FIALA PAVING COMPANY, INC. IN THE AMOUNT OF $1,420, FOR THE 2013 STREET RESURFACING PROGRAM Motion Swinkunas, second Morales to accept a motion to accept the low bid from James D. Fiala Paving Co., Inc., in the amount of $1,420, for the 2013 Street Resurfacing Program. This motion approved the low bid from James D. Fiala Paving Company in the amount of $1,420, for the 2013 Street non-mft Resurfacing Program. Nine (9) bid packets were sent out and three (3) bids were returned. The bid was $54, under the budgeted amount of $1,475,000. MOTION TO ACCEPT LOW BID FROM SUBURBAN CONCRETE, INC. IN THE AMOUNT OF $319, FOR THE MFT SIDEWALK PROGRAM Motion Swinkunas, second Morales to accept a motion to accept the low bid from Suburban Concrete, Inc., in the amount of $319,600 for the MFT Sidewalk Program. This motion accepted the low bid from Suburban Concrete, Inc., for sidewalk construction. Twelve (12) bid packets were sent out and eight (8) bids were returned. The cost was $319,600, which was $80,400 under the budgeted amount of $400,000. 4

5 MOTION TO ACCEPT LOW BID FROM ROADSAFE TRAFFIC SYSTEMS, INC. IN THE AMOUNT OF $104, FOR MFT PAVEMENT MARKINGS Motion Swinkunas, second Morelli to accept a motion to accept the low bid from RoadSafe Traffic Systems, Inc., in the amount of $104,500 for the MFT Pavement Markings contract. This motion accepted the low bid from RoadSafe Traffic Systems, Inc., for road striping. Six (6) bid packets were sent out and five (5) bids were returned. The cost was $104,500, which was $20,500 under the budgeted amount of $125,000. MOTION TO APPOINT THOMAS A. PAWLOWICZ, VILLAGE ENGINEER Motion Swinkunas, second Lawler to accept a motion to appoint Thomas A. Pawlowicz as Village Engineer. This motion appointed Tom Pawlowicz as Village Engineer and authorized him to sign plats, agreements, and drawings on behalf of the Village. Tom is a licensed Professional Engineer and has been a Village employee for 27 years. Mike Drey previously held this position as part of his Public Works Director duties. RESOLUTIONS RESOLUTION 13R-030 AUTHORIZING SUPPORT OF DUPAGE CONVENTION AND VISITORS BUREAU Motion Swinkunas, second Brown to adopt a resolution authorizing the support of the DuPage Convention and Visitors Bureau. This resolution supported the DuPage Convention and Visitors Bureau and authorized payment of $15,000 as dues for May 1, 2013, through April 30, The payment will come from fees collected from the Hotel-Motel tax. 5

6 RESOLUTION 13R-031 AUTHORIZING REPLACEMENT OF FURNACES, AIR CONDITIONERS AND WATER HEATER AT THE ANIMAL CONTROL FACILITY 145 ROYCE ROAD Motion Swinkunas, second Brown to adopt a resolution authorizing the replacement of furnaces, air conditioners and water heater at the Animal Control Facility at 145 Royce Road. During the flooding that occurred on April 25, 2013, the facilities at STP #1 were inundated. That included the animal shelter. This resolution approved the emergency purchase of two (2) furnaces, two (2) air-conditioning units and a 40-gallon water heater. The purchase will be made from Home Comfort Systems in the amount of $12,173. This expense will be added to the Village s storm damage insurance claim. The Public Works Committee reviewed the quote and recommended approval. RESOLUTION 13R-032 APPROVING PROPOSALS LANDSCAPE CONSTRUCTION AND MAINTENANCE CONTRACTS FOR THE 2013 SEASON Motion Swinkunas, second Brown to adopt a resolution approving proposals for landscape construction and maintenance contracts for the 2013 season. This resolution approved the Village s annual Spring issuance of contracts for tree removal, landscape maintenance and construction services throughout the Village. The contract amounts were as follows: American Landscaping $ 74, Hassert Landscaping 118, Capital Venture 39, Rick s Landscaping 118, Treemasters 20, Total $ 370,

7 RESOLUTION 13R-033 FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Motion Swinkunas, second Morales to adopt a resolution for Maintenance of Streets and Highways (MFT) by a municipality under the Illinois Highway Code. This resolution was requested by the Public Works staff and approved a supplemental appropriation of MFT funds. The resolution with IDOT transferred $16,726 from the MFT fund balance to cover overages associated with last winter s snow plowing activities. RESOLUTION 13R-034 APPROVING PURCHASE OF MULTI PRO 5800 TURF SPRAYER REINDERS Motion Swinkunas, second Lawler to adopt a resolution approving the purchase of a Multi Pro 5800 Turf Sprayer from Reinders. Kemper Sports uses a cart mounted sprayer to apply chemicals and fertilizer to the golf course greens. The existing sprayer was original to the golf course (2001) and was no longer functioning. This resolution approved the purchase of a new Toro Multi-Pro 5800 Turf Sprayer for $37, from Reinders. 7

8 RESOLUTION 13R-035 APPROVING CONSULTANT AGREEMENT WITH MICHAEL J. DREY Motion Swinkunas, second Lawler to adopt a resolution approving a Consultant Agreement with Michael J. Drey. Mike Drey was with the Village for more than 28 years. He has acquired a wealth of knowledge about Village operations and was considered an irreplaceable resource in the pending Water Agency and IAWC overbilling court actions. The Acting Director of Public Services and Development needed access to Mike s knowledge and the Village needed Mike s assistance as an expert witness in preparation for the upcoming trial with Illinois American Water. This resolution approved a Consulting Agreement with Mike. The rate will be $80/hour plus reimbursement of any travel expenses. RESOLUTION 13R-036 AUTHORIZING REPLACEMENT OF TENT AURORA TENT AND AWNING, INC. Motion Swinkunas, second Schanks to adopt a resolution authorizing the replacement of a tent from Aurora Tent & Awning, Inc. This resolution approved the replacement of a 40 x 100 tent, which was damaged beyond repair during a recent storm during the Arbor Day celebration. The purchase was made from Aurora Tent and Awning, Inc., in the amount of $11,000. The Village will be filing an insurance claim with their insurance carrier to recoup the loss. RESOLUTION 13R-037 APPROVING FIRST AMENDMENT TO AGREEMENT RE TAX REFUND DISTRIBUTION (ADVENTIST BOLINGBROOK HOSPITAL) Motion Swinkunas, second Lawler to adopt a resolution approving the first amendment to an agreement regarding Tax Refund Distribution to Adventist Bolingbrook Hospital. At the April 16, 2013, Board meeting, the Village approved a repayment plan with the Will County Treasurer to refund Adventist Bolingbrook Hospital for property taxes they had 8

9 previously paid. The refund was based on tax appeals that the Hospital made in 2008, 2009, 2010 and Based on statutory changes that the legislature approved and were effective last June, a Will County Circuit Court Judge found that the Hospital qualified for a tax exemption. Since passage of the earlier Resolution, the Court added on an additional year to the Court Order. This resolution amended the earlier resolution to reflect the Court s decision. The Village will be repaying $627, in three (3) annual interest free installments of $209, ORDINANCES PC APPROVAL OF AN AMENDMENT TO A SPECIAL USE PERMIT FOR A PLANNED COMMERCIAL DEVELOPMENT WITH VARIANCES 540 W. BOUGHTON ROAD, SAM SILVA, SILVA, LLC; APPLICANT Motion Morelli, second Lawler to accept Plan Commission Report PC for approval of an amendment to a Special Use Permit for a Planned Commercial Development with variances at 540 W. Boughton Road; Sam Silva, Silva, LLC, Applicant. Voice vote. ORDINANCE APPROVING AMENDMENT TO SPECIAL USE PERMIT FOR PLANNED COMMERCIAL DEVELOPMENT 540 WEST BOUGHTON ROAD (SAM SILVA, SILVA, LLC) Motion Brown, second Morales to pass an ordinance approving an amendment to a Special Use Permit for a Planned Commercial Development at 540 W. Boughton Rd. (Sam Silva, Silva, LLC). Sam Silva owns the building at 540 W Boughton Rd. His primary tenant is Kiddie Academy Day Care. He has applied for an amendment to the Special Use Permit along with associated variances to add nineteen (19) parking spaces. The Plan Commission reviewed the request and recommended approval. 9

10 PC APPROVAL OF A SPECIAL USE PERMIT FOR AN EATING/DRINKING ESTABLISHMENT WITH LIVE ENTERTAINMENT, EXTENDED HOURS OF OPERATION AND OUTDOOR DINING - THE BEER MARKET 641 E BOUGHTON ROAD, SUITE 110, GREG GOODRICH, THE BEER MARKET, LLC; APPLICANT Motion Schanks, second Morales to accept Plan Commission Report PC for approval of a Special Use Permit for an eating/drinking establishment with live entertainment, extended hours of operation and outdoor dining at The Beer Market, 641 E. Boughton Rd., Suite 110; Greg Goodrich, The Beer Market, LLC, Applicant. Voice vote. ORDINANCE APPROVING SPECIAL USE PERMIT FOR LIVE ENTERTAINMENT, EXTENDED HOURS, OUTDOOR DINING 641 E. BOUGHTON ROAD (THE BEER MARKET) Motion Brown, second Lawler to pass an ordinance approving a Special Use Permit for live entertainment, extended hours of operation and outdoor dining at 641 E. Boughton Rd., The Beer Market. The Beer Market (former Just Ducky space) leased 5,200 sq. ft. of space at the Promenade. The applicant sought approval of a Special Use Permit to allow a restaurant with live entertainment, extended hours of operation and to allow outdoor seating. The Beer Market will offer a full food menu and approximately 500 different bottled beers and a selection of 50 draft beers. The outdoor dining will seat up to 40 people. The proposed hours of operation are: Sunday through Wednesday Thursday Friday and Saturday 11:00 a.m. 12:00 a.m. 11:00 a.m. - 1:00 a.m. 11:00 a.m. - 2:00 a.m. The Beer Market expects to open by the end of June, The Plan Commission reviewed the request and recommended approval. PC APPROVAL OF DEVELOPMENT CODE VARIANCES - ADVANTAGE CHEVROLET, 115 WEST SOUTH FRONTAGE ROAD, EDUARDO MARTINEZ; MTZ ARCHITECTS, INC., APPLICANT Motion Swinkunas, second Schanks to accept Plan Commission Report PC for approval of Development Code variances for Advantage Chevrolet, 115 W. South Frontage Rd.; Eduardo Martinez, MTZ Architects, Inc., Applicant. Voice vote. 10

11 ORDINANCE APPROVING DEVELOPMENT CODE VARIATIONS 115 W SOUTH FRONTAGE ROAD (ADVANTAGE CHEVROLET) Motion Morelli, second Lawler to pass an ordinance approving Development Code variations for Advantage Chevrolet, 115 W. South Frontage Rd. Advantage Chevrolet is in the process of renovating and expanding their facility at 115 W. South Frontage Road. In conjunction with their project, the dealership would like to replace and increase the level of illumination. To accommodate this request, lighting variances from existing Village codes were necessary. Lighting levels would be dimmed during off hours. The Plan Commission reviewed the request and recommended approval. ORDINANCE APPROVING DEPARTMENTAL REORGANIZATION AND AMENDING THE MUNICIPAL CODE ACCORDINGLY Motion Brown, second Lawler to pass an ordinance approving departmental reorganization and amending the Municipal Code accordingly. The fiscal budget contained a management and departmental reorganization plan. In order to be implemented, a number of changes and amendments to the Village s Municipal Code were needed. This ordinance made the necessary Village Code changes to reflect the reorganization proposed in the budget. The estimated savings to the Village for consolidating these departments will be between $650,000 and $800,000 per year. ORDINANCE APPROVING PREVAILING WAGE ORDINANCE Motion Lawler, second Schanks to pass an ordinance approving the Prevailing Wage Ordinance as of June All units of local government are required to adopt a Prevailing Wage Ordinance annually. This ordinance adopted a minimum wage for all public construction projects performed by Village 11

12 contractors. The Illinois Department of Labor publishes the rates on a county by county basis and includes a list by job classification. This ordinance adopted the June 2013 Prevailing Wage rates for construction work. ORDINANCE APPROVING PLAT OF DEDICATION OF RIGHT-OF-WAY, PROPOSED PERMANENT UTILITY EASEMENT AND PROPOSED TEMPORARY CONSTRUCTION EASEMENT (REMINGTON BOULEVARD SOUTH OF REAGAN BOULEVARD) Motion Brown, second Morales to pass an ordinance approving a Plat of Dedication of Right-of- Way, proposed Permanent Utility Easement and proposed Temporary Construction Easement near Remington Boulevard south of Reagan Boulevard. This ordinance accepted right-of-way for the future widening of Remington Boulevard, south of Reagan Boulevard to Frontage Road. The Grant will be coming from Elmhurst-Chicago Stone Company at no cost to the Village. ORDINANCE APPROVING PLAT OF VACATION OF SCHMIDT ROAD RIGHT-OF-WAY Motion Swinkunas, second Morales to pass an ordinance approving a Plat of Vacation of Schmidt Road Right of Way. This ordinance vacated unused Right-of-Way north of Boughton Road. Schmidt Road currently curves to the west and merges with old Schmidt Road, providing access to Hidden Lakes. From the point where the existing road turned to the west, there was 895 feet of Right-of-Way going north. At one time, Schmidt Road was envisioned to cross the DuPage River. With the development (Whalen Lake and Will County Forest Preserve) north of the river, no extension of the road seemed likely. This ordinance vacated the property to the Park District. 12

13 ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $32,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013A OF THE VILLAGE OF BOLINGBROOK, WILL AND DUPAGE COUNTIES, ILLINOIS, AUTHORIZING THE EXECUTION OF A BOND ORDER, AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION WITH THE REFUNDING OCCASIONED BY SUCH ISSUANCE, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS (SUBJECT TO VILLAGE ATTORNEY AND MAYORAL APPROVAL) Motion Swinkunas, second Schanks to pass an ordinance providing for the issuance of not to exceed $32,000,000 General Obligation Refunding Bonds, Series 2013A of the Village of Bolingbrook, Will and DuPage Counties, Illinois, authorizing the execution of a bond order, authorizing the execution of an escrow agreement in connection with the refunding occasioned by such issuance, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds (subject to Village Attorney and Mayoral approval). Interest rates were currently at historic lows. As with many homeowners, the Village looked at refinancing its long term General Obligation debt. This ordinance authorized the Village to refinance portions of its 2002 and 1999 debt. No additional debt was being issued. The Village will have present value savings of approximately $2 million in each of the next two (2) years with no debt service impact in the remaining years. This ordinance authorized the Mayor to execute the documents needed to complete the refunding. ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE AND AWARDING A CLASS D-6 TO MCQ S (730 N BOLINGBROOK DRIVE) Motion Morales, second Schanks to pass an ordinance amending Chapter 13 of the Municipal Code and awarding a Class D-6 liquor license to McQ's located at 730 N. Bolingbrook Drive. McQ s (formerly Ditka Dome) will be providing food and liquor to patrons of the Off Track Betting (OTB) parlor. Since the OTB space will be exclusively leased to Hawthorne, it was considered off-site. As such, it required a new category of license which the Village Board created at the last meeting. This ordinance awarded this Class D-6 license to McQ s. 13

14 ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE INCREASING CLASS C-2 FROM FIVE (5) TO SIX (6) THE BEER MARKET Motion Swinkunas, second Morelli to pass an ordinance amending Chapter 13 of the Municipal Code increasing Class C-2 liquor licenses from five (5) to six (6) - The Beer Market. The Beer Market (Ordinance passed earlier in the meeting) will be opening at The Promenade. The Village Board previously issued the restaurant a liquor license (Ordinance ). They have decided to offer outside seating, which required a separate liquor license. This ordinance increased the number of Class C-2 liquor licenses from five (5) to six (6) to reflect the additional license. PRESENTATION Mayor Claar called retiring Village Trustee, Sandra S. Swinkunas, to the podium and presented her with a proclamation, a crystal award commemorating her 20 years as a Village Trustee. Mayor Claar lauded Sandy as one of the Village s best Trustees who attended almost every function, was accessible, diligent, extremely loyal, and a great asset to the Village in both her public and private life. He noted that she will be sorely missed. She was also presented with a homemade quilt that was made up of 64 individual squares. The quilt was a gift from Mayor Claar, Clerk Penning, Village Trustees and newly elected Trustee Maria Zarate. The squares were made by each department of the Village, fellow Board Members, family, friends, organizations, schools and churches. The quilt was presented by quilt maker Michele FitzGerald and Sandy s dear friend Renee Mierop. Sandy gave a short but emotional farewell speech as Village Trustee. 14

15 MOTION TO ADJOURN SINE DIE Motion Brown, second Lawler to adjourn the meeting Sine Die. Yea 6 - Brown, Lawler, Morales, Morelli, Schanks and Swinkunas Nay 0 - Absent 0 - None None Motion Carried. Meeting adjourned sine die at 8:45 p.m. OATH OF OFFICE Will County 12th Judicial Circuit Court Chief Judge Richard C. Schoenstedt administered the Oath of Office to the newly re-elected Trustee Joseph B. Morelli, for a four-year term. Will County 12th Judicial Circuit Court Chief Judge Richard C. Schoenstedt administered the Oath of Office to the newly re-elected Trustee Michael T. Lawler, for a four-year term. Will County 12th Judicial Circuit Court Chief Judge Richard C. Schoenstedt administered the Oath of Office to the newly elected Trustee, Maria A. Zarate, for a four-year term. Will County 12th Judicial Circuit Court Chief Judge Richard C. Schoenstedt administered the Oath of Office to the newly re-elected Village Clerk, Carol S. Penning, for a four-year term. Will County 12th Judicial Circuit Court Chief Judge Richard C. Schoenstedt administered the Oath of Office to the newly re-elected Mayor, Roger C. Claar, for a four-year term. RECONVENE Motion new Trustee Zarate, second Schanks to reconvene. Yea 6 - Brown, Lawler, Morales, Morelli, Schanks and Zarate Nay 0 - Absent 0 - None None Motion Carried. Meeting reconvened at 9:15 p.m. PUBLIC COMMENTS None TRUSTEE COMMENTS Trustee Lawler had no comments. Trustee Morales thanked Sandy for all the work she has done for the Village as Trustee. 15

16 Trustee Schanks also thanked Sandy and remarked that she will be missed. She congratulated all of the people sworn in as commissioners and department heads this evening. Trustee Brown thanked Sandy for her 20 years of service and mentioned how much he has loved working with her these many years. (He has been a Trustee for 21 years.) Trustee Morelli welcomed Maria Zarate to the Board of Trustees. Trustee Zarate wished Sandy good luck and thanked her for the wonderful experience she has passed on to her as the new Village Trustee. EXECUTIVE SESSION None ADJOURNMENT Motion Brown, second Schanks to adjourn the meeting. Voice vote. Motion carried and meeting adjourned at 9:15 p.m. ATTEST: Roger C. Claar MAYOR Carol S. Penning, CMC VILLAGE CLERK 16