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May 01, 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 invited the Boy Scouts from Scout Troop 55 to help lead those present in the Pledge of Allegiance to the Flag.

2. Roll Call

Present: Commissioner Marilyn Schnell, Commissioner William Waldack, Commissioner Sean P. Durkin, Commissioner Becky Rheintgen, Commissioner Geoff Neustadt and Mayor Martin Tully  Absent: Commissioner Bob Barnett  Non Voting: Village Manager David Fieldman, Village Attorney Enza Petrarca and Village Clerk April Holden

3. Minutes of Council Meetings

Executive Session Minutes for Approval Only - April 3, 2012 and April 10, 2012  Council Minutes - April 17, 2012 M ayor Tully asked for a Motion to approve the minutes as submitted.

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

The Mayor declared the Motion carried by voice vote.

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

Tom LeCren, 545 Chicago, quoted the minutes of the last Council meeting regarding the General Obligation Bond interest rate.  He said that there were eight bids mentioned in the packet and asked why the number of bids in the minutes was seven.  He asked why there was a difference in the number of bids, and also if there was only one bond issue, why were there two different interest rates.

Village Manager David Fieldman responded that staff would check on the number of bidders.  He explained that these are actually two different bond issuances, one with a longer term and the other shorter, which explains the different interest rates.  They were reported by Mr. Shih as a combined rate.

Mr. LeCren asked if they addressed Commissioner Waldack's split, and the Mayor responded that Commissioner Waldack was seeking a split in approval between the $10 million and the $25 million bond issuances.  They were passed under a single Ordinance and Commissioner Waldack wanted them handled separately. 

5. Public Hearings

Electrical Aggregation Program - Plan of Operation and Governance M ayor Tully called the public hearing to order at 7:05 p.m. pursuant to the Illinois Power Agency Act to consider the proposed electric aggregation plan of operation and governance for an electrical aggregation program of the Village of Downers Grove.  Notice of this hearing was published in the Downers Grove Reporter and a copy of the notice and the proof of publication have been presented and are made a part of the official record of this hearing.

The Mayor summarized the procedures to be followed for the public hearing.

Mr. Fieldman introduced Allison Deitch, Management Analyst and Project Manager for the Aggregation Program, to present the Plan of Governance.

Ms. Deitch said that the Village is required to hold two Public Hearings on the Electric Aggregation Plan of Operation and Governance.  She presented a brief summary of the key points, explaining that aggregation allows municipalities to arrange for lower supply rates on behalf of their residents from alternative suppliers.  The supply component is approximately 60% of the average customer's bill.  In an aggregation program, the municipality uses the economy of scale to seek an even lower price than an individual could arrange in the market.  The Village received authorization to implement the program through the March 2012 referendum. Staff will seek competitive pricing for electricity supply. While ComEd will still be responsible for distribution, Downers Grove residents and eligible small businesses will pay lower electricity bills.  It is important to note that any customer that does not wish to be included in the program will have the opportunity to opt out before the new contract goes into effect.

Ms. Deitch said the process of aggregation has four general steps.  This Public Hearing is Step 2 of the process.  She said that a Plan of Governance (POG) is required under state law.  It allows conditions to be set to protect residents and sets requirements for potential suppliers.  It also describes the eligible categories of customers, such as those identified who cannot be included in the program and those who will not be included because they will not see savings.

Ms. Deitch presented a series of slides displaying the key points of the plan, and noted for the public that a copy of the plan is available on the Village's website.  She said that the Village would use an RFP process that includes pre-qualifying potential suppliers. Their qualifications will be reviewed to ensure that they are certified by the Illinois Commerce Commission to serve residential accounts.   She stated that the first contract will be for a period of one year, with an option to renew if the supplier can continue to beat the comparable ComEd rate.  If at any time ComEd's rate falls below the Village's rate, the Village could terminate the contract if the supplier cannot beat ComEd.  She further noted that the Village is requiring an opt-out process of at least two weeks.

Ms. Deitch explained that ComEd provides the Village with a list of ineligible customers, and these customers do not need to affirmatively opt out of the Village's program.  The Plan of Governance describes the increments of renewable energy that the Village will review. These are renewable energy credits. If a resident inadvertently opts out of the program, they will have 60 days to re-enroll in the program at the same rate as everyone else.  Requirements have been established that will prevent the supplier from charging residents or businesses if they move out of the Village or if they move within the Village.  A fee may be assessed if a resident terminates the contract before the end of the contract period.

Ms. Deitch then provided an update on the aggregation process, as well as a timeline for moving forward.  She noted that the Village has identified a partnership opportunity with the Village of Westmont that allows the formation of a larger buying group.  On the Consent Agenda tonight, the Council is considering an intergovernmental agreement to pursue a joint RFP and contracting process with the Village of Westmont. As proposed in the agreement, the Village will have the opportunity to use Westmont's consultant for aggregation, Belden Energy Solutions, to assist the communities by preparing the RFP, advising the villages on the requirements for suppliers and finally, negotiating the contract. The cost of the consultant will be included in the rate at approximately $.60 per account per year.  After the Village Council approves the Plan of Governance and adopts the ordinance authorizing aggregation, the Village will issue the RFP for the suppliers, and will ask suppliers to provide a proposal including their qualifications and preliminary pricing.  The Village Council will authorize the list of qualified suppliers and give the Village Manager authority to authorize the contract with the lowest bidder from among those pre-qualified suppliers.  This process ensures choosing the lowest bid from the list of qualified suppliers.

Ms. Deitch then presented the timeline. The second public hearing will be held on May 15, the same night that the Council will be asked to adopt the Plan of Governance and authorize the aggregation program.  After the Council authorizes the Plan of Governance, the RFP will be published.  Approval of the list of pre-qualified suppliers will take place on June 5, and the Council will select the renewable energy mix.

During the month of June, the Village consultant will determine the best date to request final pricing from the suppliers. The Village Manager will be authorized to award the contract to the lowest bidder based on the Council-approved parameters.  The implementation process will begin with the opt-out period and the actual switchover to the new supplier. The new contract is expected to begin late July or early August.

Commissioner Schnell asked about termination fees if a resident wishes to terminate their contract.  She asked if this will be included in the RFP.  Mr. Fieldman said it is and the Village could specify the fee it wants, or could ask for a fee in the response.  Commissioner Schnell noted that this is controversial among some people and she wanted this to be properly publicized so people understand it and that there is transparency.  Commissioner Schnell then discussed the timeline, asking whether the prequalification bid would be on the Consent Agenda.

Mr. Fieldman replied that the Council approves the pre-qualifying suppliers and gives the Manager certain parameters.  He noted that the Village retains total decision-making autonomy in its partnership with Westmont and can opt to partner with Westmont, or go on its own based on the preliminary pricing.

Commissioner Schnell reiterated that they must be clear about this with the residents.  The Manager responded that there would be opportunity for extensive outreach in terms of opting out.

Mayor Tully noted that it will be important to announce the outreach efforts in advance.

Commissioner Rheintgen clarified her understanding that Westmont and Downers Grove can make two different choices, and the Village is only tied on issues that benefit it.  When the Village gets the preliminary pricing it can act independently.   Also, residents can always opt out.  Mr. Fieldman said that was correct.  Both municipalities retain autonomy.  Residents can stay with the Village's program or go on their own. Commissioner Rheintgen also asked for clarification that the Village is not receiving any revenue benefits.  Ms. Deitch said that was correct.  Mr. Fieldman agreed that the Village does not get any money for this.

The Mayor said that in some communities, the government sponsoring the program will take part of the savings and direct it to an identified project.  That is not contemplated by the Village at this time.

Commissioner Durkin said he was in Springfield last week and spoke with an individual from ComEd.  They said that this would be basically an 18-month period before ComEd is able to provide savings.  The Manager replied that ComEd's contract will come due and they will have the opportunity to rebid the electricity rates.

Commissioner Neustadt asked if there is a penalty or fee for opting out, and Ms. Deitch said there is not.

The Mayor asked if the customer would have the opportunity to opt out at a later date without penalty.  The Manager responded that at the termination of the contract, the resident can opt out without penalty.

Commissioner Waldack inquired whether the Village will go through the bid process after the 18-month period, and the Manager said it can do so without another referendum.   Commissioner Waldack said that they should look carefully at how information mailings are worded and make it more understandable to encourage people to look at their mail.

Commissioner Schnell stated that people must know what they are choosing.  The more educated and informed they are, the better.  She said that residents should be alerted that they would be receiving mail.  People may not understand this well enough to make good choices.

Commissioner Rheintgen asked if a resident has an energy contract, whether they have to opt out.  Ms. Deitch said they did not.  If the contract expires within 60 days, the resident could sign up with the Village's supplier.  After 60 days, signing up would be at the supplier's discretion as to the price.

The Manager said that there are five options regarding the renew-green energy costs.

Jeffrey Crane, 4825 Saratoga, said this is a good will movement by the Village.  Some other municipalities have taken the savings.  The Mayor responded that there is no such proposal to do that at this time.  He cannot speak for future Councils.

Chris Saricks, 1116  61st Street, Chairman ProTem of the Pierce Downer's Heritage Alliance, read a statement in favor of the proposal.  He said the Alliance supports pursuing a contract on behalf of Downers Grove customers.  Taking an independent course rather than joining a consortium of jurisdictions allows greater control on the Village's part to set terms and conditions of the arrangement.

Mr. Saricks noted that there are considerable environmental impacts of electrical generation and the potential for reducing environmental impact through appropriate action.  He said the Alliance supports inclusion of the 25%, 50%, and 100% renewable-REC supported power mix options included in the RFP terms.  The Alliance also recommends adding wording to the operations plan requiring the electrical supplier to implement active measures to promote energy efficiency and conservation.  Further, the Alliance recommends continued involvement of the Environmental Concerns Commission in the development and implementation of the operations plan and in the supplier-selection process.

Tom LeCren, 545 Chicago Avenue, recommended that notification to Village residents be made in a Village envelope so people will pay attention to it.  Also, the information should include a cover letter.  The Manager said that is specified in the Plan of Governance.

Mr. LeCren asked who residents contact if there is a problem.  Mr. Fieldman said it would be the supplier.  The Mayor said that the supplier's response would be carefully weighed.

Rich Crilly, 535 Wilson, asked about additional miscellaneous costs.  The Manager responded that there is a maximum of $10,000 for the cost to the Village of the consultant's charge, which would be paid for at the cost of $.60 per account per year.  It is paid for through the rates.  Mr. Crilly asked if ComEd will also be making a proposal.  The Manager said they will not make a proposal.

Mr. Crilly then asked that the Village point out that this is Downers Grove approved.  He also asked, with regard to the percentage of green energy, whether the Village's priority would be the lowest rate or the percentage of green energy.

Mayor Tully responded that the Village would responsibly weigh the options.  He doesn't think people want it to be green at any cost.  The Council will want to hear from residents as to how green residents want it to be.

Commissioner Neustadt noted that the current required level is 6%, and asked if that is required based on State guidelines.  Ms. Deitch responded that it is at 6%, and will eventually go to 25%.  Commissioner Neustadt said that the Environmental Concerns Commission recommends 25%.  Ms. Deitch said that was correct.

Commissioner Rheintgen commented that they would decide on the mix on June 5.

Judy Rosko, 6285 Chase, asked who is not eligible.  Ms. Deitch responded that no action is required from ineligible residential groups.  That includes those under an existing supply contract, space heat customers using electricity for their heat, those who are on hourly or real-time pricing, and those on free service or bundled hold.  She also mentioned businesses using less than 15,000 kwh/year.

Ms. Rosko asked who residents call for service.  Mayor Tully said that they would call ComEd; only the pricing changes.

Ms. Rosko asked whether the information would be broken down by kwh.  The Mayor said that comparisons will be shown in the same units of measurement.

Mr. Fieldman said that ComEd would remain in charge of rebate programs.

Stacey Salman, 4945 Highland, thanked the Council for looking at the renewable mix.  She said that Evanston voted for 100% green and got a lower price than a community with a 7% renewable mix.  She said that the Village must be vocal about what it wants, and also asked that they consider a class customer based on renewable choices.  She noted also that ten communities have gone with 100% renewable energy suppliers.

Mr. Fieldman said that the Village will know the differences in costs.

Hilary Denk, 433 Wilson Street, thanked the Village for pursuing this with the referendum and for representing the community.  She said the agreement is very comprehensive.  She has noticed that many communities are going with 100% renewable suppliers.  She said it is something she believes that our community values and it creates jobs.  She believes that this can lead to economic growth.  The League of Women Voters held a forum on the Smart Grid.  There is a need for public information.  She said that a resident can individually purchase power but for an individual that power is much less of a savings than going with the Village or Westmont.  She said that the Village has an opportunity to be green and save money.  Ms. Denk asked if there is an opportunity for people to submit comments and/or questions.  The Mayor said they could submit by multiple forms of media.

Mr. Fieldman suggested sending their inquiries to the Village Manager and/or the Mayor and Council.

Dale Eaman, 157 41st Street, stated he is employed by Exelon and not ComEd.  He made two suggestions.  The two-week opt out window is too short.  He suggested a minimum of three weeks.  Secondly, he recommended considering an option of 7-10% green in the RFP, as that is what is available nationally.

The Mayor then called for comments from the Village Council.

Commissioner Neustadt asked for more information on the opt-out time.

Commissioner Schnell noted that there is an opt-out availability on the Internet.

Commissioner Rheintgen said she would be interested in hearing more about individual choices.  She asked for more information on the North Shore consortium.  Ms. Deitch responded that there are eight communities in the North Shore consortium that opted to purchase 100% green energy.  She explained their program where residents were given the option to sign up for additional green energy credit.  The Manager noted that would include an extra administrative cost.  The Mayor asked for the cost to be broken out in the RFP and the Manager said that would be done.

Commissioner Rheintgen then said that residents have asked the Village to lower the cost of electricity, and the Village must remember that in making its decisions.

Commissioner Schnell thanked staff for the work on this issue.  The Council and the residents need to understand this clearly.

Mayor Tully asked how the mix is audited to assure that the source of renewable energy is in fact renewable energy.   Ms. Deitch responded that reports are required from the suppliers and she will get that information.

Commissioner Schnell noted that at the National League of Cities they toured a company where the power was being sold, and reports were generated.

There being no further discussion, the public hearing was adjourned at 8:07 p.m.

6. Consent Agenda

COR 00-04882 A.  Claim Ordinance:  No. 5947, Payroll, April 6, 2012

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

BIL 00-04883 B.  List of Bills Payable:  No. 5974, May 1, 2012

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

RES 00-04884 C.  Resolution:  Approve Final Plat of Subdivision for 5612 Middaugh Avenue

Sponsors: Community Development and Plan Commission

Summary of Item: A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR 5612 MIDDAUGH AVENUE

 

RESOUTION 2012-31 A motion was made to Pass this file on the Consent Agenda. Indexes: Subdivision - 5612 Middaugh Avenue

MOT 00-04885 D.  Motion:  Award a Contract for $72,304 to Engineering Resource Associates, Inc., Warrenville, IL, for Design of Roadway Reconstruction - Oak Grove Unit 3

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

MOT 00-04886 E.  Motion:  Award a Contract for $122,600 to Baxter & Woodman, Inc., Itasca, IL, for Professional Services for Roadway Reconstruction - Concord Square Unit 2

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

RES 00-04887 F.  Resolution:  Authorize an Intergovernmental Agreement with the County of DuPage for CH 35/55th Street (Dunham Road to Clarendon Hills Road)  

Sponsors: Public Works

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF DOWNERS GROVE FOR CH 35/55TH STREET (DUNHAM ROAD TO CLARENDON HILLS ROAD)

 

RESOLUTION 2012-35 A motion was made to Pass this file on the Consent Agenda. Indexes: Roadway Improvements, DuPage County

RES 00-04888 G.  Resolution:  Authorize an Intergovernmental Agreement with the Village of Westmont Concerning Electric Aggregation

Sponsors: Manager's Office

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY, BETWEEN AND AMONG THE VILLAGE OF DOWNERS GROVE AND THE VILLAGE OF WESTMONT CONCERNING ELECTRIC AGGREGATION

 

RESOLUTION 2012-32 A motion was made to Pass this file on the Consent Agenda. Indexes: Electrical Aggregation

BID 00-04878 D.  Bid:  Award $298,539.74 to Denler, Inc., Mokena, IL, for 2012 Preventive Seal and Parking Lot Improvements Project

Sponsors: Public Works A motion was made to Approve this file.  Mayor declared the motion carried. Indexes: Preventive Seal

RES 00-04809 I.  Resolution:  Authorize an Intergovernmental Jurisdictional Boundary Agreement with the Village of Lisle

Sponsors: Community Development

Summary of Item: A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL JURISDICTIONAL BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LISLE AND THE VILLAGE OF DOWNERS GROVE

 

RESOLUTION 2012-33 A motion was made to Pass this file on the Consent Agenda. Indexes: Village of Lisle, Boundary Line Agreement

MOT 00-04891 J.  Motion:  Note Receipt of Minutes of Boards and Commissions

Summary of Item: Zoning Board of Appeals - February 22, 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 Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully

7. Active Agenda

 

ORD 00-04876 A.  Ordinance:  Designate Planned Development #51 and Authorize an Auditorium and Office Building

Sponsors: Community Development and Plan Commission

Summary of Item: This designates the south side of 31st Street (Midwestern University) as Planned Development

#51 and authorizes the construction of an auditorium and office building.

 

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF DOWNERS GROVE, ILLINOIS TO DESIGNATE THE SOUTH SIDE OF 31ST STREET APPROXIMATELY 1,281 FEET WEST OF MEYERS ROAD PLANNED DEVELOPMENT #51 AND AUTHORIZE CONSTRUCTION OF AN AUDITORIUM AND OFFICE BUILDING

 

ORDINANCE NO. 5260 M ayor Tully noted that this pertains to Midwestern University's main campus project.

Commissioner Neustadt added that there are representatives from Midwestern University present and he thanked them for their continued investment in the Village.   A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Planned Development #51 - Midwestern University

ORD 00-04877 C.  Ordinance:  Amend Certain Parking Provisions in the Downtown Business District

Sponsors: Public Works and Transportation and Parking Commission

Summary of Item: This amends certain parking provisions in the downtown business district.

 

AN ORDINANCE AMENDING CERTAIN PARKING PROVISIONS IN THE DOWNTOWN BUSINESS DISTRICT

 

ORDINANCE NO. 5261 A motion was made by Commissioner Durkin, seconded by Commissioner Neustadt, to Adopt this file. Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Central Business District, Parking Provisions, Parking Restrictions - CBD

8. First Reading

ORD 00-04890 C.  Ordinance:  Authorize a Special Use to Permit the Construction of Three Principal Buildings on a Single Lot at 2300 Wisconsin Avenue  

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

Tom Dabareiner, Director, Community Development, said a special use ordinance has been prepared to allow construction of three principal buildings in the Ellsworth Industrial Park.  The applicant is looking for approval on May 8.   He displayed the site plan.  Phase 1 would include construction of Building 1, which is 8250 square feet, Building 2, which is 43,160 square feet, 118 parking spaces, and a stormwater detention pond.  Phase II consists of Building 3 which is 39,840 square feet, with 29 parking spaces and an underground stormwater detention pond that would replace the surface stormwater detention pond.  Each building will consist of multiple tenant spaces for light industrial office or warehouse uses.  The proposal meets all Zoning Ordinance requirements and was reviewed by the Plan Commission at their April 2, 2012 meeting.  They made a unanimous recommendation for approval and staff concurs with that recommendation.

Commissioner Neustadt asked for clarification that these are individual uses, and not loading docks.  He asked if there is enough room for truck traffic in that area.  Mr. Dabareiner said there was sufficient room, and they also reviewed traffic circulation.

Commissioner Rheintgen asked about uses as it relates to traffic flow and parking spaces.  She noted that similar facilities allow gymnasiums and recreational uses.  In response to Commissioner Rheintgen, Mr. Dabareiner said that parking is assumed for a combination of uses.  There will be an opportunity prior to Phase II to review the site further.

Commissioner Durkin asked if these are spec buildings.  Mr. Dabareiner said that was correct.  Commissioner Durkin asked if this is the best use of the land.  There are so many of those large buildings on commercial property.  Mr. Fieldman said that the pertinent question is whether this proposal is compliant with the Zoning Ordinance regulations and standards.  The Plan Commission made its recommendation based on those standards.  The other question is whether the uses are consistent with these buildings.  Recreational uses are allowed in the M-1 District.

Mr. Dabareiner said he would review the permitted uses.

The Mayor said that it fits the Zoning Ordinance and the Comprehensive Plan.  The uses have to meet the Code.

Mr. Dabareiner noted that the applicant stated that there is a demand for these smaller types of facilities. Indexes: Special Use - 2300 Wisconsin Avenue

ORD 00-04889 A.  Ordinance:  Amend Stormwater and Flood Plain Ordinance

Sponsors: Public Works

Summary of Item: This adopts the amended Stormwater and Flood Plain Ordinance and adopts the general

certifications as approved by DuPage County on April 24, 2012.

 

AN ORDINANCE ADOPTING AN AMENDED STORMWATER AND FLOOD PLAIN ORDINANCE AND ADOPT THE GENERAL CERTIFICATIONS AS APPROVED BY DUPAGE COUNTY ON APRIL 24, 2012

 

ORDINANCE NO. 5262 M r. Fieldman asked Nan Newlon, Director, Public Works, to address this item.

Nan Newlon, Director, Public Works, said DuPage County enacted a County-wide Stormwater and Flood Plain ordinance in 1991 that applies to all areas of the County, and on April 24, 2012 the County adopted a major update to that ordinance.  As a full-waiver status community, the Village must adopt and administer the ordinance.  She reviewed the new ordinance saying that it places greater emphasis on the redevelopment process, provides for a higher level of water quality, and streamlines the permit submittal requirements.  Staff has been involved in the revisions of this ordinance.  The Village's Stormwater and Flood Plain Oversight Committee reviewed this ordinance and unanimously recommended approval.

Rich Crilly said he is on the Oversight Committee, and thinks it is a very good plan.  He asked about the stormwater utility.   The Mayor clarified that the matter under discussion is a different ordinance, and is not related to the proposed stormwater utility.

Mr. Fieldman responded further that the stormwater utility is based on the impervious area of a site.  Single-family parcels would be categorized into small, medium and large.  Information on the fees is available on the Village's website.

The Mayor called for questions from the Council on the County's ordinance.

Commissioner Waldack said that he supports this.  He asked what would happen if the Village decided not to adopt it.  The Manager said the Village would be subject to regulatory actions by the County and would not be in compliance.

The Mayor said that this has been a long process.  He serves on the DuPage County Stormwater Management Planning Committee.  Full and partial waiver communities have to adopt this.  The Village's laws have to be at least as restrictive as the County ordinance.  The Mayor thanked staff for their work as well as the Stormwater and Floodplain Oversight Committee.  This is a great improvement over the existing ordinance.  He noted that there will be training and information provided and the County is already scheduling presentations and seminars.  Most of these will be held at the County complex or on site.  Indexes: Stormwater and Flood Plain Ordinance

9. Mayor's Report

ComEd Reliability Report

Mayor Tully said that staff is continuing to work with ComEd and updates on the reliability report are available on the Village's website.  ComEd continues to proceed with its final equipment upgrades that were identified during the Vuillage's reliability review completed in 2011.  They expect to complete the projects by June 2012.

On April 11, 2012 ComEd submitted a protocol for emergency preparedness with the Illinois Commerce Commission.  He asked Allison Deitch to discuss the protocol, which includes a new concept of a Joint Operating Center (JOC).  Training sessions on the JOCs will be held later in the month.

Ms. Deitch provided a report on the protocol for emergency preparedness and response management filed by ComEd.  ComEd has filed this protocol with the Illinois Commerce Commission, its regulating agency, for implementation this year.

The goals of the new protocol are to improve communication between ComEd and municipalities, and between ComEd and ComEd customers during major outage events.  Further, the protocol is intended to provide a guideline for planning for restoration of critical facilities before outages take place.

There are three major components.  The first is establishment of a Joint Operating Center for municipalities and ComEd representatives during major outages.  The second is improvement of communication with customers; and the third is improvement of ComEd's annual report.

The Joint Operating Center will be a physical office and will be established only during major outages.  She indicated it would be staffed by municipalities and ComEd representatives in situations where 36,000 customers experience an outage for three or more hours.  Ms. Deitch noted that rarely would this many customers be affected by an outage.  The primary purpose is to allow municipalities to have direct access to ComEd representatives to ensure that critical facilities are addressed as priorities during outages.  The goal is to make sure that municipalities are receiving accurate and timely information on restoration efforts.

ComEd has increased the capacity of their call centers, and has implemented a system for two-way text messaging that residents can sign up for on ComEd's website.  The Village has provided a link to the ComEd page on our website.

With respect to the annual report, Ms. Deitch said ComEd has committed to improving the performance data they provide annually in terms of system improvement plans.  The report will provide more detailed tree trimming information and Smart Grid implementation plans.

The Mayor said while there are positive aspects to the Joint Operating Center, there is also an apparent shifting of the burden and blame to the municipality.  He said that the Village does not control the infrastructure or delivery mechanisms.  There are instances where ComEd could place responsibility on the municipalities.  The Centers are going to be staffed by municipal employees which will take those employees away from their municipalities.  He said that Village residents need to know what is coming.  There are some benefits; however, there are also some issues that could potentially create problems.

Commissioner Schnell commented that in addition, this could raise false expectations on the part of Village residents.  There is the expectation that things will be much better based on advertising in the media.  She asked that Ms. Deitch's presentation be placed on the Village webpage so residents will have as much information as possible.  

Mayor's New Business

 

RES 00-04892 Resolution:  Appoint Members to Boards and Commissions

Sponsors: Mayor

Summary of Item: This appoints Liz Pelloso to the Environmental Concerns Commission for the balance of the

vacated term expiring August 31, 2012.

 

A RESOLUTION APPOINTING LIZ PELLOSO TO THE ENVIRONMENTAL CONCERNS COMMISSION

 

RESOLUTION 2012-34 M ayor Tully said that Ms. Pelloso is unable to be present this evening, but she is exceptionally qualified to serve on this Commission.  She has a BS in Environmental Science from DePaul University, and obtained her Master's in Environmental Science from Indiana University.  He reviewed her professional background.  He thanked Ms. Pelloso for agreeing to serve and said she will bring her exceptional experience to the Commission.

Commissioner Waldack said he read her profile and congratulated Ms. Pelloso on her appointment.  He complimented the Mayor on his work in making this choice.  This was the Mayor's work and he did a fine job.  Commissioner Waldack said, regarding the previous nominee, he did not receive any communication as to why that nomination did not go through.  He suggested that perhaps the Council could discuss the liaison role as the Mayor is now interviewing and choosing the candidate to recommend to the Council.  He is disappointed that the process did not work.   He thought the liaison process was an excellent suggestion and would like to review this.

The Mayor noted that the Municipal Code provides for the Mayor to make appointments.  There have been different ways that Mayors have implemented this.  They still have liaisons and he liked the way this worked.    A motion was made by Commissioner Schnell, seconded by Commissioner Durkin, to Adopt this file.  Mayor declared the motion carried by the following vote: Votes: Y ea: Commissioner Schnell, Commissioner Waldack, Commissioner Durkin, Commissioner Rheintgen, Commissioner Neustadt and Mayor Tully  Indexes: Boards and Commissions

10. Manager's Report

The Manager said Council has been discussing changes to the Community Events policy.  He said that Council approved a report, not a policy that has dictated practices and procedures since that time.  Staff will present a formal Community Events policy to the Council on May 15.  All questions raised in the past few weeks will be addressed.   He also noted that Long Range Financial Planning will begin next Tuesday in the Committee Room.

Commissioner Waldack said he was assured by the Village Manager and the Village Attorney that the language that was discussed at the last meeting would not be appearing. 

11. Attorney's Report

Village Attorney Enza Petrarca said she was presenting three (3) items to the Council:  1)  An ordinance authorizing aggregation of electrical load and adopting an electric aggregation plan of operation and governance; 2)  An ordinance authorizing a special use to permit the construction of three principal buildings on a single lot at 2300 Wisconsin Avenue; and 3)  An ordinance adopting an amended stormwater and flood plain ordinance.   

Future Active Agenda

 

12. Council Member Reports and New Business

Commissioner Durkin said that the Administrative and Finance Committee will meet on May 8 at 6:30 p.m. in the Committee Room.  The subject will be Council travel and training.

Commissioner Durkin said he attended the ASGE ground-breaking event with Commissioners Rheintgen and Neustadt, staff and local business representatives.  This will be a great addition to the community, and the ceremony was very well done.

Commissioner Durkin was in Springfield last week and met with the Village's former intern, Jamie Belongia.   She was recently made the Assistant Village Administrator for the Village of Montgomery.

Commissioner Neustadt noted that the Downers Grove Junior Women's Club Golf Outing will be held on May 12 at the Park District Golf Course.  Additional information can be found at www.dgjwc.org.

Commissioner Rheintgen said that the Park District is supporting TV Turnoff week this week, and further information can be found on their website.

Commissioner Waldack commented that Senior Home Sharing has a home for Seniors on Main Street near McCollum Park.  On May 3 there will be a gala held at Harry Carey's in Lombard benefitting the group.  Joel Daly, former news anchor, will be present.  There will be tickets available for the Cubs vs. Sox game.

Mayor Tully said that the Scouts of Pack 55 should receive two pins for attending tonight's meeting and sitting in the front row during the entire meeting.

There are 50 days until Rotary Grove Fest.

13. Adjournment

Commissioner Schnell moved to adjourn.  Commissioner Durkin seconded the Motion.

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

Mayor Tully declared the motion carried and the meeting adjourned at 9:00 p.m.