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April 03, 2012

1. Call to Order

Mayor Martin Tully called the regular meeting of the Village Council of the Village of Downers Grove to order at 7:00 p.m. in the Council Chambers of the Downers Grove Village Hall.  

Pledge of Allegiance to the Flag

 Mayor Tully led those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner Bob Barnett, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen and Mayor Martin Tully  Absent: Commissioner Geoff Neustadt  Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden  T he Council meeting is broadcast over the local FM radio station, WDGC.  In addition, a tape recording and videotape of the meeting are being made using Village owned equipment.  The videotape of the meeting will be used for later rebroadcast of the Council meeting over the Village cable television Channel 6.

The Council will follow the rules of conduct for this meeting as provided in Sec. 2.5 of the Downers Grove Municipal Code.  These offer the public the opportunity to comment at several points in the meeting.  First, immediately following approval of the minutes of the past meetings, an opportunity will be given for public comments and questions of a general matter.  If a public hearing is scheduled for this meeting, an opportunity is given for public comments and questions related to the subject of the hearing.  Finally, an opportunity is given for public comments and questions on items appearing on the Consent Agenda, the Active Agenda and the First Reading.

The presiding officer will ask, at the appropriate time, if there are any comments from the public.  If anyone wishes to speak, the individual should raise their hand to be recognized and, after acknowledgment from the presiding officer, approach the microphone and state their name and address.  Remarks should be limited to five minutes, and asked that individuals refrain from making repetitive statements.

Mayor Tully said there are agendas located on either side of the Council Chambers, and he invited the audience to pick up an agenda and follow the progress of the Council meeting.

3. Minutes of Council Meetings

Council Minutes - March 20, 2012 C ommissioner Waldack said he forwarded a change to the minutes to the Village Clerk.

Mayor Tully asked for a Motion to approve the minutes as amended.

Commissioner Schnell moved to approve the minutes as amended.  Commissioner Durkin seconded the motion.

The Mayor declared the Motion carried by voice vote.

Recognitions

Telecommunicators Week  Marsha Giesler, 2012 Fire & Life Safety Educator of the Year (National Fire Protection Association)  Police Department Accreditation (Commission on Accreditation for Law Enforcement Agencies)  M ayor Tully announced three commendations:

1.  Telecommunicators Week

Police Chief Bob Porter introduced Jennifer Rizzo and Heather Lippe from the Village's Operation Center (VOC).  He spoke of their work and the outstanding job they did with the consolidation with the Village of Westmont.  He recognized all the dispatchers and said they are the unsung heroes for staff and residents.

The Mayor read a proclamation declaring the week of April 8-14, 2012, as Telecommunicators Week.  He presented the proclamation to Ms. Rizzo and Ms. Lippe.

Marsha Giesler, 2012 Fire & Life Safety Educator of the Year (National Fire Protection Association)

Fire Chief Jim Jackson announced this award.  This is a national recognition.  He said Ms. Giesler was previously a school teacher.  When she was hired by the Fire Department, she enrolled in the fire academy.  She has used programs of the National Fire Protection Association (NFPA) to teach school children about fire safety and has developed programs on her own as well.  In addition to working with children, Ms. Giesler also conducts presentations for older adults and teaches them fire prevention skills.  Chief Jackson reviewed Ms. Giesler's professional associations.  He noted that she has authored a book which is now part of the State curriculum.  Ms. Giesler is a true leader and innovator.  She has brought the fire service and Fire Department to a new level.

Ms. Giesler said she is lucky to receive an award for a job she loves to do and a department that values education as part of its firefighting efforts.  She thanked the Village for always supporting her safety education as part of the Department's efforts.  She said the firefighters make the work she does possible.  She expressed her appreciation for this award.

The Mayor congratulated Ms. Giesler on a well-deserved award and service to the community.

Police Department Accreditation - Commission on Accreditation for Law Enforcement Agencies (CALEA)

Chief Porter announced that the Police Department has been re-accredited for three years.  The assessment by CALEA for accreditation is extensive and comprehensive.  He was grateful and honored that the final report showed 100% compliance.  This is a credit to the staff, and support of the Council, Manager and the community.  CALEA makes a difference in keeping a department professional.

The Mayor congratulated Chief Porter and the Police Department on this outstanding accomplishment.

 

 4. Public Comments - General Comments on Matters Not Appearing on Tonight's Agenda

Wallace H. Brown, 1308 Gilbert Avenue, spoke about the number of freight trains passing through Downers Grove and the rules of railroads.  There have been dramatic changes over the years.  He said there are at least 12 freight trains a day through Downers Grove.  He is concerned about tanker cars and separation of tanker cars.  Today he counted 50 tanker cars with no separations.  He asked for more action with and feedback from the railroads.

The Mayor said the BNSF Director of Public Affairs is Amy McBeth.

Village Manager, Dave Fieldman, said staff has some answers and will provide information to Mr. Brown.  The Mayor suggested that perhaps a BNSF representative could be put in touch with Mr. Brown.

George Swimmer said Mr. Brown was on a task force for the Belmont Underpass.  He said there are close to 200 trains daily on the BNSF line.  Trains are getting longer and slower.  People hear about accidents almost daily.  He thanked Chiefs Porter and Jackson for their work and the work of their departments; he is impressed with the staff.  Mr. Swimmer spoke about the area of Main, Washington and Forest, and the need to raise the track bed.  He related an article in the Chicago Tribune about a Chicago Police officer shot in the line of duty and the efforts made to transport the officer for medical attention.  Mr. Swimmer said two police officer friends of his were killed in the line of duty.  He commented on the "golden hour" being so important and in that situation one would not want to have to wait for a train to pass.  He urged the Council to have plans in place to get federal funding for shovel ready projects.  He would like Council to be part of the solutions.

Gordon Goodman, 5834 Middaugh, said the topic of railroad crossings is very important.  He has seen increases in train traffic and feels it will get more serious.  The Village needs more accessible crossings and he hopes staff will pursue this.

Dr. Goodman then spoke of the Downers Grove Concert Association.  On April 15, in cooperation with Midwestern University, the Downers Grove Concert Association will feature a piano recital by Alon Goldstein.  The event is free.  Further, on June 3, 2012, Menahem Pressler and the Ariel Quartet will perform the final concert.  Mr. Pressler is 88 years old and has an international following.  This is also a free concert and the last concert of the Downers Grove Concert Association.  It is a farewell from the Association.  He hopes the community will take advantage of these concerts.

Tom Wagner, 503 Lake Avenue, said work was done in his parkway and still needs restoration.

Bill Wrobel, 7800 Queens Court, said he has been a member of the Downers Grove Concert Association for many years and he is sorry to see this come to an end.  He is also a member of the Chicago Area Theater Organ Enthusiasts.  He shared a recent performance and said he hopes there will be more performances. The Historic Theater Association will be in Chicago in July for its annual convention and will enjoy the hospitality of the Tivoli.

Gloria Wagner, 503 Lake, spoke of the Chicago Tribune article referenced by Mr. Swimmer.  She said we are fortunate to have Advocate Good Samaritan Hospital as a Level I trauma hospital, but the emergency room is so busy that people choose to go elsewhere.  It is the only Level I trauma hospital between here and the Iowa state line.  Ms. Wagner also mentioned that she is a customer of Caputo's which is a fabulous store and would like to move into Downers Grove.    

5. Public Hearings

6. Consent Agenda

COR 00-04841 A.  Claim Ordinance:  No. 5943, Payroll, March 9, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

BIL 00-04842 B.  List of Bills Payable:  No. 5968, April 3, 2012

Sponsors: Accounting A motion was made to Approve this file on the Consent Agenda. Indexes: N/A

RES 00-04843 C.  Resolution:  Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code

Sponsors: Public Works

Summary of Item: RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE

 

RESOLUTION 2012-20 A motion was made to Pass this file on the Consent Agenda. Indexes: Motor Fuel Tax

MOT 00-04844 D.  Motion:  Award a Contract Not to Exceed $85,000 to SEECO Consultants, Inc., Tinley Park, IL, for Material Testing Services

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Geotechnical Engineering, Public Works - Standard Supplies & Services

MOT 00-04845 E.  Motion:  Award a Contract Not to Exceed $85,000 to Great Lakes Soil & Environmental Consultants, Inc., Bolingbrook, IL, for Material Testing Services

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Geotechnical Engineering, Public Works - Standard Supplies & Services

BID 00-04846 F.  Bid:  Award $62,400 to James D. Fiala Paving Co., Inc., Bolingbrook, IL, for Supply of Hot Mix Asphalt Materials

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works - Standard Supplies & Services

BID 00-04847 G.  Bid:  Award a Contract Not to Exceed $20,000 to Meyer Material Company, Des Plaines, IL, for Supply of Ready Mix Concrete

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Public Works - Standard Supplies & Services

BID 00-04848 H.  Bid:  Award $62,860 to Western Gradall Corporation, Naperville, IL, for Roadside Drainage Ditch Reconstruction and Maintenance Services

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Roadway Improvements

MOT 00-04851 I.  Motion:  Award a Contract for $66,208 to SEECO Consultants, Inc., Tinley Park, IL, for Material Testing Services (Valley View Estates and Knottingham Subdivision Reconstruction and Water Main Replacement Projects)

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Geotechnical Engineering

BID 00-04852 J.  Bid:  Award $39,515 to ENCAP, Inc., Sycamore, IL, for Cumnor Basin Planting and Landscape Improvements

Sponsors: Public Works A motion was made to Approve this file on the Consent Agenda. Indexes: Watershed Infrastructure Improvement Plan

MOT 00-04820 K.  Motion:  Award $3,552,453 to A. Lamp Concrete Contractors, Inc., Schaumburg, IL, for Valley View Estates Reconstruction and Water Main Replacement Project

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Water Main Improvements, Subdivision - Valley View

MOT 00-04819 L.  Motion:  Award $5,489,847.76 to Austin Tyler Construction, LLC, Elwood, IL, for the Knottingham Subdivision Road Reconstruction and Water Main Replacement Project

Sponsors: Public Works A motion was made to Award this file on the Consent Agenda. Indexes: Water Main Improvements, Subdivision - Knottingham

RES 00-04834 M.  Resolution:  Authorize an Intergovernmental Agreement with City of Darien  

Sponsors: Public Works

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DARIEN AND THE VILLAGE OF DOWNERS GROVE

 

RESOLUTION 2012-21 A motion was made to Pass this file on the Consent Agenda. Indexes: Subdivision - Knottingham, Darien

MOT 00-04858 N.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Plan Commission - March 5, 2012 A motion was made to Note Receipt Of this file on the Consent Agenda. Indexes: Boards and Commissions Minutes Passed The Consent Agenda

 A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, that the consent agenda be passed. The motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen and Mayor Tully

7. Active Agenda

MOT 00-04840 A.  Motion:  Authorize a Salary Increase for the Village Attorney

Sponsors: Manager's Office

Summary of Item: This authorizes a 3% annual salary increase for Village Attorney, Enza Petrarca, effective May 1,

2011 and a 3% salary increase effective May 1, 2012. The Mayor said the last few years have been difficult financially and this is a catch up.  The Village Attorney has not had a wage adjustment in several years. A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Authorize this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen and Mayor Tully  Nay: Commissioner Waldack  Indexes: Village Attorney

ORD 00-04833 B.  Ordinance:  Amend Certain Rates Charged for Water

Sponsors: Public Works

Summary of Item: This deletes the special rates for the sale of water to residents in the Knottingham Subdivision.

 

AN ORDINANCE AMENDING CERTAIN RATES CHARGED FOR WATER

 

ORDINANCE NO. 5257 A motion was made by Commissioner Durkin, seconded by Commissioner Barnett, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen and Mayor Tully  Indexes: Subdivision - Knottingham

RES 00-04835 C.  Resolution:  Declare Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation

Sponsors: Manager's Office

Summary of Item: This enables the Village to reimburse project expenditures for street and water system

improvements by issuing General Obligation Bonds.

 

A RESOLUTION DECLARING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF AN OBLIGATION

 

RESOLUTION 2012-22 M r. Fieldman said that this reimbursement resolution allows any costs incurred before the issuance of the bond to be reimbursed before the funds are received.

Commissioner Waldack commented that he spoke of his preference for a pay-as-you-go program.  He supports the projects and money is available on a pay-as-you-go basis.  He does not feel the Village needs to incur debt for the $25 million, but he will support the $10 million water bond.

Under Section 2 of the resolution, it states that the maximum principal amount of the bond is not in excess of $35 million.  Commissioner Waldack moved that the maximum principal amount of the bond not exceed $10 million.  His Motion failed for lack of a second.

Mayor Tully said that the $35 million is consistent with the Long Range Financial Planning discussions.  He also pointed out that Commissioner Waldack has been consistent in his comments regarding a pay-as-you-go basis.     A motion was made by Commissioner Barnett, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Barnett, Commissioner Durkin, Commissioner Rheintgen and Mayor Tully  Nay: Commissioner Waldack  Indexes: General Obligation Bond Issue - Series 2012

8. First Reading

ORD 00-04854 A.  Ordinance:  Rezone Property Located at 6622 and 6700 Fairview Avenue from R-1, Single Family Residence, to R-3, Single Family Residence

Sponsors: Community Development and Plan Commission M r. Fieldman asked Tom Dabareiner, Director, Community Development, to address this and the next agenda item.

Tom Dabareiner, Director, Community Development, explained the requests are for rezoning from R-1 to R-3 single family residential along Fairview Avenue.  In addition, there is a request to subdivide the property into 13 lots.  His discussion includes both Items A and B of the First Reading.  Staff is seeking approval on the April 10 Council Agenda.

Mr. Dabareiner said the property is located on the west side of Fairview Avenue between 66th Street and 67th Court.  The property is improved with three single-family homes.  He described the surrounding properties.  The petition is to demolish three existing homes and construct a new street (Atwood Court), 13 single-family lots and one lot for stormwater detention facilities.  The developer will pay the park and school donations and improvements will meet the regulations of the Subdivision Ordinance.  He indicated that the petitioner will create a homeowners association, and if it fails to maintain the detention facility, a Special Service Area (SSA) will be created.  Mr. Dabareiner said that the lots will meet the minimum lot dimension requirements.  The Plan Commission reviewed the petition and has recommended approval.

Commissioner Schnell asked for verification that the homeowners association covenants will outline the requirements, and asked if this project would qualify for stormwater utility credit.  Mr. Fieldman said that it would.

Commissioner Durkin asked about the trees in the drawing and whether they all will be eliminated.  Mr. Dabareiner said that most of the trees would come down.

Commissioner Rheintgen commented that about 33 of the trees would be reserved according to the petition.  She then asked how the new County Stormwater Ordinance would affect this.  Mr. Fieldman said that the petitioner is aware of the changes and will comply with the Code.

Commissioner Waldack thanked the staff for providing references, and said he is pleased to see that no variances are being requested.  It is a very large project and well presented.

Mayor Tully commented that this is a good sign of where we are in terms of the economy.  He is appreciative of the creativity of the SSA.

Commissioner Schnell asked whether a fence is required due to the depth of the detention pond.  Mr. Fieldman said he would obtain that information.  Indexes: Abrogration - 6562 Davane Lane, Rezone 6622 and 6700 Fairview Avenue - R-1 to R-3, Subdivision - 6622, 6650, 6700 Fairview Avenue, Subdivision - Atwood

RES 00-04855 B.  Resolution:  Approve the Final Plat of Subdivision for 6622, 6650 and 6700 Fairview Avenue

Sponsors: Community Development and Plan Commission Indexes: Abrogration - 6562 Davane Lane, Rezone 6622 and 6700 Fairview Avenue - R-1 to R-3, Subdivision - 6622, 6650, 6700 Fairview Avenue, Subdivision - Atwood

RES 00-04857 C.  Resolution:  Approve Final Plat First Resubdivision of Green Acres of Downers Grove Subdivision for 401-403 Lynn Gremer Court and 6568 Fairview Avenue

Sponsors: Community Development M r. Dabareiner presented information on Items C and E.  This is for a final plat of resubdivision for property at 401-403 Lynn Gremer Court, and 6568 Fairview Avenue.  This is part of the Green Acres Subdivision approved in 2004.  It is zoned R-3 single-family residential.  In late 2011 the new owner completed on-site stormwater detention.  The shape of the pond was modified which made new configuration possible.  There will be no changes to Lots 1-11.  Mr. Dabareiner said that the two proposed lots comply with Sections 28.1103(c) and 28.1104(c) of the Zoning Ordinance.  They will provide the required five- foot wide public utility and drainage easements as well.  All new blanket stormwater detention easements will be placed on Lot 2.  In addition, all required park and school donations have been paid.  Additional trees will be installed as well as a new streetlight on Lynn Gremer Court.  The Plan Commission considered the petition and they unanimously recommended approval.  Staff concurs with that recommendation.

Mayor Tully noted that the Village previously approved a subdivision here, and this is better configured.   Indexes: Subdivision - Green Acres of Downers Grove, Abrogation - 401-403 Lynn Gremer Court and 6568 Fairview Avenue

RES 00-04850 D.  Resolution:  Abrogate a Certain Lot at 6562 Davane Lane

Sponsors: Community Development M r. Dabareiner explained that this is part of the Green Acres Subdivision that was approved in 2004.  The applicant is requesting abrogation of the conservation easement.  During the subdivision review in 2004, a wetland report study identified a non-critical wetland located on proposed Lot 2 of the Subdivision.  Mr. Dabareiner noted that the stormwater facilities in the adjacent Berrywood Estates Subdivision to the west were malfunctioning which resulted in flooding of the property.  Those facility issues were repaired and as a result the wetlands are no longer present on the subject property; therefore, conservation easements are no longer needed.  The petitioner wishes to build a home on the subject property.  Staff has determined that vacating the easement will have no negative effect.

Commissioner Waldack commented that he understood that the pipe originally had holes and malfunctioned.  Once the pipe was fixed this was no longer a wetland.  Mr. Fieldman said that was correct.  The petitioner obtained approval from the County in 2006-2007.  The previous owner paid a fee in lieu of wetland banking, but that money was refunded when the County declared it was no longer a wetland.  Indexes: Subdivision - Green Acres of Downers Grove, Abrogration - 6562 Davane Lane

RES 00-04856 E.  Resolution:  Abrogate Certain Utility and Drainage Easements on Certain Lots at 401-403 Lynn Gremer Court and 6568 Fairview Avenue  

Sponsors: Community Development Indexes: Subdivision - Green Acres of Downers Grove, Abrogation - 401-403 Lynn Gremer Court and 6568 Fairview Avenue

BID 00-04849 F.  Bid:  Award $165,550 to A Lamp Concrete Contractors, Inc., Schaumburg, IL, for 2012 Pavement Patching Services

Sponsors: Public Works M r. Fieldman said this bid is for the 2012 pavement patching services.  This was part of the competitive bid process.

Commissioner Schnell asked if it is possible to do additional patching.  The Manager said staff will come back if the need exists.  Indexes: Public Works - Standard Supplies & Services

9. Mayor's Report

ComEd Reliability Report

The two final equipment upgrade projects are underway. The first is located in the far northwest section of the Village and the second is located near the intersection of Main and Maple. The Village will continue to track progress on those projects.

Additionally, the Village recently completed a survey regarding satisfaction with ComEd's communication efforts during the enhanced tree trimming process. The survey was targeted to residents whose properties were impacted by the enhanced tree trimming. Staff is reviewing the results and will work with ComEd if any deficiencies are identified. Also, staff will be contacting those residents who requested additional follow up by the Village.   Reports

 M ayor Tully said the DuPage County Stormwater Management Planning Committee met this morning.  The Committee unanimously approved adoption of the new County stormwater ordinance and forwarded the ordinance to the County Board.  The Mayor said he has educational materials to share with the public.  The consensus of the Stormwater Committee is that this is a greatly improved ordinance.

Standard and Poor's Rating Report

Mayor Tully said Standard and Poor's (S&P) affirmed the Village's AA+ rating.  S&P staff members visited and toured the Village recently.  The Village received the top possible score on management.  We were not awarded the highest rating, AAA, due to demographic factors beyond direct control.  He quoted the report:

"Standard & Poor's Rating Services has assigned its AA+ rating to the Village of Downers Grove's series 2012 general obligation bonds. The outlook is stable."

 "The stable outlook reflects Standard & Poor's expectation that Downers Grove will continue to maintain balanced operations and very strong reserves. The village has consistently demonstrated an ability to make structural budget adjustments in response to adverse conditions, and we expect this to continue. The Village's close monitoring of daily operations, combined with an emphasis on identifying long-term budget challenges and strategies, supports our expectation that balanced operations will continue."

 "Downers Grove's financial management practices are considered 'strong' under Standard & Poor's Financial Management Assessment, indicating that practices are strong, well embedded, and likely sustainable. The Village develops its budget using various sources of data, both historical and current, to support it revenue and expense assumptions. It monitors its revenues and expenditures, and investments, carefully and provides monthly reports to elected officials. Downers Grove's long-term financial plan and capital improvement plan both span at least three years and are updated annually. A formal debt management policy provides parameters for debt issuance and a formal reserve policy outlines minimum permitted cash levels."

The Mayor said this endorsement translates into savings for the public.

10. Manager's Report

REP 00-04866 Municipal Electrical Aggregation Report

Sponsors: Manager's Office T he Manager asked Allison Deitch, Management Analyst, to present this report.

Allison Deitch, Management Analyst, provided an update on the aggregation process.  She said Step #1, the referendum, is completed.  Step #2 is the Plan of Governance which requires two public hearings.  Step #3 is the competitive bid process which will be open to any of the 23 suppliers that meet the requirements of the plan.  Step #4 is the opt-out process.

Ms. Deitch then reviewed the current status of the program.  The initial step is completed as voters gave the Village the authority to enter into a contract for electricity supply.  The Village can seek a lower rate for electricity supply through the competitive bid process.  The next step is to decide how to proceed.  There are two options:  1)  Formally join an aggregation group by approving an intergovernmental agreement; or 2)  Continue independently and look for partnership opportunities.  The staff recommendation is to proceed independently and look for partnership opportunities.

Ms. Deitch then addressed the benefits to a Village-initiated program.  These include a customized Plan of Governance which could be designed to respond to resident feedback and could specify a power mix that includes a "green" power bid.  Additional benefits include a rate that will not include fees, flexibility in the scheduling process, and the ability of the Village Council to award the bid.

Ms. Deitch reviewed the proposed schedule.  The target date for the draft Plan of Governance is the week of April 9, 2012.  The first public hearing is scheduled for May 1, 2012 and the second public hearing will be May 15, 2012.  In terms of the bid and contract process, the target date for the public call for bids is the week of May 21, 2012, and the award is scheduled for June 12, 2012.  The opt-out process will be conducted in July and August 2012.  The new supply contract is targeted for implementation in August/September 2012.  Ms. Deitch emphasized that the proposed timeline could change; however, the goal is to switch to the alternative supplier by late summer.  Updates to the timeline will be announced on the Village's website.

Gordon Goodman, 5834 Middaugh, said he supports the staff recommendation.  It is close to the ideas proposed by the Downers Grove Heritage Alliance.  He noted that this is a tight timetable.  He asked if staff has worked on the the Plan of Governance and he asked as to the involvement of the Environmental Concerns Commission (ECC).

Mr. Fieldman said staff has been working on the Plan of Governance and has a policy recommendation from the ECC.

Commissioner Durkin asked how working independently will affect our ability to get a good rate.

 Mr. Fieldman said there are opportunities through economies of scale.  The Village is of comparable size to other municipalities that have gotten very competitive rates.  The Will County proposal includes $60,000 of fees.  Staff will continue their dialogue with Will County and Mr. Fieldman expressed his appreciation for their efforts.

Commissioner Waldack said there is power in numbers.  He expressed concern about working independently, especially on such a tight schedule.  He asked for comparisons of communities that have an aggregation program.  He noted that people can decide whether to participate in this program, but he is glad the referendum passed as this has great potential.

Commissioner Schnell said she would have liked to have seen this implemented for the peak electric rate season.

Commissioner Barnett thanked staff for the link on the Village's website to the Illinois Commerce Commission.  He asked if the electrical aggregation presentations can be combined and made available on our website.  Mr. Fieldman answered affirmatively.

Commissioner Rheintgen asked if the Plan of Governance will include mixes.  Ms. Deitch said it will; staff anticipates several options.

The Mayor said the theme with respect to electrical aggregation has always been options.  We know the referendum has passed and we can now explore other options.  If we go independently, we will have the Downers Grove governance plan, cost, power mix, terms, and scheduling.  It is smart and prudent to explore all opportunities. Indexes: Electrical Aggregation

11. Attorney's Report

Village Attorney Enza Petrarca said she was presenting two items to Council:  1)  An ordinance amending the Comprehensive Zoning Ordinance of the Village of Downers Grove, Illinois, codified as Chapter 28 of the Downers Grove Municipal Code, as amended to rezone property located at 6622 and 6700 Fairview Avenue; and 2)  A resolution approving the final plat of subdivision for 6622, 6650 and 6700 Fairview Avenue.

Future Active Agenda

12. Council Member Reports and New Business

Commissioner Rheintgen reported on an Intergovernmental Planning Committee meeting of the DuPage Mayors and Managers Conference that she and Mr. Fieldman attended.  At this meeting there was discussion of a promised ten year plan from ComEd.  Commissioner Rheintgen also thanked staff for working with the newly annexed resident at 75th and Webster.

Commissioner Waldack spoke in regard to a comment made earlier about Advocate Good Samaritan Hospital and how busy it is.  He said there is another option for non-emergency situations.  Advocate Good Samaritan Outpatient Center offers immediate care for non-life-threatening situations and he suggested people consider this option.

Commissioner Barnett asked about updates from ComEd with respect to particularly egregious situations.  He suggested an annual meeting with ComEd representatives.

The Mayor noted that the Downers Grove Area Chamber of Commerce has urged the Village to fold in businesses with respect to ComEd meetings.  He said he feels there is enough time to schedule a meeting for the fall.

Commissioner Durkin complemented everyone involved with S&P on the AA+ rating as this is a huge accomplishment.  He said he hopes this and new development will help the Village get to a AAA rating.  He also asked for a report on building permits issued this year.

Mr. Fieldman said S&P noted the strong commercial market, the return of the residential market and the activity at auto dealerships on Ogden Avenue in Downers Grove.

Commissioner Durkin wished everyone a Happy Easter.

Commissioner Schnell urged people to think locally in terms of Easer shopping and dining.

Mayor Tully announced that for the 28th year the Village has been named a Tree City USA by the Arbor Day Foundation.  He then said his son participated in the Police Department ride along program and thanked Police Chief Porter and Officer Powers.  Lastly, he announced that there are 78 days until Rotary GroveFest and said they are looking for volunteers.  The Mayor wished everyone a Happy Easter.

13. Adjournment

Commissioner Schnell moved to adjourn to Executive Session pursuant to Section 2(c)(6) of the Open Meetings Act  to set a price for sale or lease of property owned by the public body, and pursuant to Section 2(c)(11) to consider litigation matters.  Commissioner Durkin seconded.

VOTE:  YEA - Commissioners Schnell, Durkin, Rheintgen, Barnett, Waldack, Mayor Tully

Mayor Tully declared the motion carried and the Council convened into Executive Session at 8:45 p.m.