Sangamon Sun

Village of La Grange Board of Trustees met Feb. 22.

Here is the minutes provided by the board:

1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE

The Board of Trustees of the Village of La Grange meeting was called to order at 7:30 p.m. by Village President, Mark Kuchler. On roll call, as read by Village Clerk John Burns, the following were:

PRESENT: Trustees Augustine, Gale, Kotynek, McGee and McCarty with President Kuchler presiding.

ABSENT: Trustees Holder

OTHERS:

Village Manager Andrianna Peterson 

Village Attorney Mark Burkland 

Public Works Director Ryan Gillingham 

Community Development Director Charity Jones 

Finance Director Lou Cipparrone 

Deputy Chief Rob Wardlaw 

Fire Chief Terrence Vavra

President Kuchler welcomed the Village Board and thanked Trustees for attending the meeting which has been modified to adjust for social distancing and the wearing of face coverings. He reminded everyone to stay six feet apart and wear a mask at all times while in the Village Hall. The video of the meeting was broadcasted on cable television, YouTube, and will also be available on Facebook and posted to the Village website. Residents were encouraged to submit public comments on the agenda via email or telephone prior to the meeting.

2. PRESIDENT'S REPORT

President Kuchler announced that health officials continue to ask residents to be patient as the supply of vaccines is increased and more open appointments become available. Vaccine deliveries have been delayed as a result of the snow storms last week that have impacted Illinois and other states. To make an appointment for a vaccine under Phase 1B, please visit www.vacine.cookcountyil.gov or call (833) 308-1988. It remains very important for everyone to continue to wear face coverings, watch their distance and wash their hands to slow the spread and keep COVID-19 metrics low.

President Kuchler noted that La Grange Memorial Hospital has advised that they currently have 6 positive COVID-19 cases. Vaccination clinics have been delayed. Once the vaccine becomes available, they will communicate available appointments to the community.

President Kuchler announced that Pillars Community Health has set up their vaccination clinic as well. Since they began, they have been able to administer 770 vaccine doses, with zero wasted vaccines. Pillars is also waiting on vaccine availability and will communicate to the community once they are available for appointments once again.

President Kuchler thanked Public Works crews for plowing streets and handling several back to back snow storms over several days last week. He also thanked first responders for their efforts during the storms.

President Kuchler announced that La Grange Restaurant Week began on Friday, February will last until Sunday, February 28. Participating restaur specially-priced menus at lunch and dinner. For more information regarding restaurant listings, please visit the LGBA website. A community raffle has been organized to raise relief funds for La Grange businesses affected by the pandemic. Individuals who purchase $10 raffle tickets through March 14 can collect one of three prize baskets filled with $3000 in gift cards that have been provided by participating restaurants, retailers and wellness businesses. Proceeds from ticket sales will be shared equally by the participating businesses. Three winners will be announced live on Facebook on March 16 at noon. Tickets can be purchased using the QR code on the flier or by visiting www.lgba.com or www.lgdelivers.com

President Kuchler announced that the Village and the MWRD have worked very hard but to date have been unable to enter into an intergovernmental agreement to further the identified storm water management project that would build a pipe down 50th Street to a north route pipe around the quarry to a reservoir. The settlement agreement with the Quarry expired at the end of 2020. The Village and Hanson Quarry have a court hearing in early March. More information will be provided as it becomes available.

A. Appointment - Environmental Quality Commission

A recommendation to appoint Aakruti Liva to the Environmental Quality Commission was presented by President Kuchler. A motion was made by Trustee Kotynek, seconded by Trustee McGee. Motion carried on a voice vote.

B. Oath of Office - Robert Wardlaw, Deputy Police Chief

President Kuchler reported that Sergeant Robert Wardlaw has been named the new Deputy Police Chief. Sergeant Robert Wardlaw is currently a Watch Comman has been with the Police Department for 20 years. Sergeant Wardlaw has a long resume of accomplishments within the Department including service as an Investigator, Field Training Officer, Squad Leader, Patrol Sergeant and Investigations Supervisor.

President Kuchler expressed his appreciation to Deputy Chief Wardlaw and to his family.

President Kuchler invited Clerk Burns to administer the Oath of Office to Deputy Chief Robert Wardlaw.

3. MANAGER'S REPORT

Village Manager Andrianna Peterson announced that the Budget Workshop on operational expenses is scheduled for Saturday, March 13 at 8 a.m. in the Village Hall Auditorium. The workshop is the final component of the budget development process. Face coverings and social distancing will be required. Everyone is invited to attend and comments are welcome at any time via email at apeterson@lagrangeil.gov. The Preliminary Budget documents will be available at Village Hall and Library; and posted, along with the Village Manager's message, on the Village's website by Friday, March 5. On Monday, April 12, at the regular Village Board Meeting, there will be a Public Hearing regarding the proposed FY 2021-22 Village Budget. On Monday, April 26 at the regular Village Board Meeting, consideration of the proposed FY 2021-22 Village Budget is scheduled.

Manager Peterson announced that this year's Spring Clean Up will be held the week of April 19 on resident's regular collection day. The contract with Flood Brothers requires a separate “Spring Clean Up” sticker (2 are required at $3/each) for participation. Spring Clean Up stickers will be sold at the same locations as refuse and yard waste stickers. Residents will receive a post card with more information in early March. For more information about the Village's refuse program, please visit the Village website.

Village Manager Peterson announced the last day to accept voter registration or transfers of registration for the April 6, 2021 Consolidated Election is March 9, 2021 by mail and March 21, 2021 online. For more information, please visit the Village website or www.cookcountyclerk.com.

4. PUBLIC COMMENT REGARDING AGENDA ITEMS

Village President Kuchler asked Village Manager Peterson if any comments had been received. Village Manager Andrianna Peterson advised that one comment had been received and proceeded to read the submitted comment.

Daniel Hernandez from the Painters District Council, submitted a comment regarding Item 5-B – Award of Contract – Painting 1.5MG Elevated Water Storage Tank. He expressed concerns regarding out of state contractors selected to paint the Water Tank and asked that an Illinois based company be chosen instead. He cited local workers and distribution of tax dollars as the principal concerns.

5. CONSENT AGENDA AND VOTE 

A. FY2021-2022 Street Improvement Program - (1) Engineering Task Order; (2)

Preliminary Engineering Services Agreement for Motor Fuel Tax Funds; (3) Resolution for Improvement Under the Illinois Highway Code

B. Contract – Painting 1.5MG Elevated Water Storage Tank

Agreement - Construction Engineering Services Agreement

(Moved to Current Business for further discussion.)

C. Agreement - Consulting Attorney Services

D. Minutes of the Village of La Grange Village Board of Trustees Regular Meeting, Monday, February 8, 2021

E. Consolidated Voucher 210222

Trustee Gale requested item 5-B be removed from the Consent Agenda and placed under Current Business for further discussion.

Trustee Augustine stated that in consideration of her relationship with the Village Prosecutor, she recused herself from each item on the voucher related to the Village Prosecutor.

Trustee Kotynek inquired as to how Item A is funded. Public Works Director Gillingham responded that it is funded through a variety of means including the Village Capital Projects fund, Motor Fuel Taxes and Rebuild Illinois funds.

Trustee Augustine asked if Item A would consist of street resurfacing only, not water main repairs. She also inquired if the timeline begins in May and then ends in the fall for all three scheduled streets. Mr. Gillingham responded that is correct. He noted that residents should expect the actual disruption period to be shorter but that timeline represents the entire project schedule.

A motion was made by Trustee McCarty to approve items A, C, D, and E of the Consent Agenda, seconded by Trustee Augustine.

Approved by a roll call vote:

Ayes: Nays: Absent:

Trustees Augustine, Gale, Kotynek, McGee and McCarty None

Trustee Holder

6. CURRENT BUSINESS 5-B. Award of Contract – Painting 1.5MG Elevated Water Storage Tank

Agreement – Construction Engineering Services Agreement (Removed from Consent Agenda for further discussion.)

President Kuchler asked Trustee Gale to introduce the item. Trustee Gale explained that La Grange receives water from Lake Michigan from the City of Chicago, purchased from the Village of McCook. The distribution system includes water mains, pumps, valves, hydrants and water towers. Pumps distribute the water into a water distribution network of 59 miles of water main ranging in size from 4” to 16" in diameter. The Village's main pumping station includes five pumps and a 2.0 million gallon reservoir. Additionally, there is a 2.0 million gallon standpipe with an emergency pump system located on Birks Court, and a 1.5 million gallon storage tank located on Tilden Avenue next to Gordon Park.

The elevated storage tank located on Tilden Avenue was built in November, 1994. The tank is approximately 30 years old and requires additional cleaning and maintenance work. Specifically, metal surfaces of the interior and exterior surface of the water tower are beginning to rust. A formal inspection of the tank was completed in May, 2019 and it was recommended that the interior and exterior of the tank be repainted. The tank was last painted in 2004.

In October, 2020 an agreement with Baxter & Woodman was executed to complete the detailed engineering plans and specifications for the repairs. The project plans were completed in January, 2021. The general scope of work includes repainting the interior and exterior metal surfaces of the 1.5 million gallon elevated water storage tank including surface preparation, collection and disposal of surface preparation debris, painting and other miscellaneous items of work.

In order to paint the water tower, it must be taken out of service. This means that the work must be done in the spring or fall to avoid high demand periods during the summer as much as possible. In order to obtain the best pricing for the water tower painting, the Village's consultant recommended that the Village bid the project during the winter as contractors are lining up their work for the upcoming construction season.

On January 13, 2021 the Village advertised that bids would be received for the 1.5 MG Elevated Water Storage Tank Repainting project. For exterior painting, bidders were asked to provide a cost for two options. The first option was alternate 1: Enclose tank to prevent dispersal of paint, full power wash and spot power tool clean, and repaint surfaces. The estimated life expectancy is between 15-20 years for this alternate. The paint system provides higher initial gloss, and longer color and gloss retention than Alternate 2. The second option was alternate 2: Full power wash and spot hand or power tool clean, and repaint surfaces. The estimated life expectancy is 10+ years for this alternate. This is a dry-fall paint system and does not require containment.

The low bid amount for Alternate 1 was submitted by Seven Brothers Painting, Inc. in the amount of $567,800. The low bid is lower than the engineer's opinion of probable cost to complete the work, which was estimated at $1,091,900. Baxter & Woodman, Inc. reviewed the submission and found the low bidder, Seven Brothers Painting, Inc. to be lowest, responsible, and responsive Bidder, and technically capable to perform the work as specified. The second lowest bid for Alternate 2 was provided by Jetco, Ltd in the amount of $483,189.

Staff recommended awarding the contract Seven Brothers Painting in the amount of $567,800 based on the low bid being significantly less than the engineer's opinion of probably cost, and the additional 5-10 years of life expectancy. If approved, work is expected to begin in the spring of 2021 and be substantially completed by the end of July.

It is recommended that Baxter & Woodman, Inc. perform the construction management for this project based on their knowledge of this project and experience in this type of work. Baxter & Woodman, Inc. proposes to complete all construction inspections for an amount not-to-exceed of $43,570. If approved, a task order with Baxter & Woodman will be executed for this work in accordance with their task order contract.

In follow up to the Capital Projects meeting on February 8, 2021, the cost to paint the Village's logo or name on the water tower is estimated to be between $10,000-$20,000. The Village is currently working with the recommended contractor to get a formal proposal for this work. Once the proposal is received, the Village Board will need to provide guidance to staff on the size and style for any logo or name to be painted on the Tilden Avenue Water Tower.

Several questions have been raised regarding the applicability of certain State laws and proposed products to be used for this project. Specifically, the State law called the Employment of Illinois Workers on Public Works Act does not apply to the water tower painting project because the Village is not using State funds or funds administered by the State. The State Act only applies if it is a “Public Works” as defined by the Act, which includes the funding noted above. A project is not a “Public Works” if no State funds are involved. As a result, the Village may contract for the water tower painting project with the lowest qualified bidder, regardless of whether that bidder uses Illinois laborers.

Second, water tower painting projects require certain paint specifications to ensure quality and performance. The paint specification for the Village's project was determined by the engineer of record and included in the bid documents. Other interested manufacturers have the ability to follow the established process that is outlined in the bid documents that allows substitutions to be submitted for consideration, which has been communicated to the other manufacturers.

Staff recommended that the Village Board award the contract to paint the Village's 1.5MG elevated water storage tank to Seven Brothers Painting, Inc. in the amount of $567,800. Also, staff recommended approval of a task order agreement with Baxter & Woodman for construction engineering services for the project in the amount of $43,570.

Trustee Gale stated that while the project may not specifically apply to the Act, it is persuasive and historically La Grange has supported businesses. He asked that the interest of Illinois small businesses as well as the small cost difference be considered.

Attorney Burkland advised as to various legal questions in conjunction with this project including how the project aligns with the State Act, as well as what should be done if the Village Board decided to award the contract to Jetco, the next in-state, lowest bidder. He noted that the Village can award the contract to the second lowest bidder by rejecting the low bidder if the Village finds that the second lowest bidder is more responsible. To do so, the Village Board would need a supermajority vote with four Trustees, not including the President, choosing to award the contract to the second lowest bidder.

Trustee Kotynek noted that by awarding the contract to Seven Brothers Painting under Alternative One, the paint life would be extended by 10 more years. He also noted that many companies from out of state responded to the request for bids. He asked that as a resident and La Grange taxpayer, how the choice to award the contract to the second lowest bidder can be justified when taking into account the analysis done by Baxter and Woodman as well as the competitive bidding process.

Additional discussion ensued regarding if selecting the second lowest bidder would result in setting a precedent for the future, how Illinois Municipal Code applies, and if the project should be sent back out to bid.

Trustee McCarty inquired if the contract would follow Illinois prevailing wages and if the workers responsible for completing the work would have residency in Illinois. Director Gillingham responded that it would follow Illinois prevailing wages. He noted that residency varies by contractor.

The Seven Brothers Operations Manager, Vlad Vushaj, was in attendance. He advised that the crew would be made up of four people who specialize in the type of painting needed for the project who meet all of the bid requirements. He noted that while Seven Brothers Painting is an out of state company, they would be contributing to the local economy while working on the project. He also noted that many of the bidders were from out of state, and noted it would be disappointing to see well qualified companies disregarded due to location.

Trustee Augustine moved to award (1) the contract to paint the Village's 1.5MG elevated age tank to Seven Brothers Painting, Inc. in the amount of $567,800; and (2) a task order agreement with Baxter & Woodman for construction engineering services for the project in the amount of $43,570, seconded by Trustee McCarty.

Approved by a roll call vote:

Ayes: Trustees Augustine, Kotynek, McCarty and McGee 

Nays: Trustee Gale 

Absent: Trustee Holder

A. Ordinance - Amendment to the La Grange Zoning Map at 610 East Avenue - Park District of La Grange

President Kuchler asked Trustee Augustine to introduce the item. Trustee Augustine explained that the Park District of La Grange is the owner of the property at 610 East Ave and has requesting an amendment to the La Grange Zoning Map to reclassify the subject property from the 1-1 Light Industrial District to the IB Institutional Buildings District. The Park District intends to use the subject property as additional parking for their existing adjacent recreational facility at 536 East Ave.

On December 8, 2020, the Plan Commission held a public hearing on the matter. At the hearing, the Park District provided information on the proposed zoning map amendment and presented a concept plan for the proposed parking lot. No members of the public spoke regarding this application.

The Plan Commission found that the proposed Zoning Map amendment was consistent with the purposes of the Zoning Code, the IB District, and Comprehensive Plan. The Plan Commission found that the proposed rezoning will not negatively impact the surrounding properties use, enjoyment, or orderly development. The Plan Commission found that the Park District's programming and services at the 536 East Ave. recreational facility dictate the parking demand and therefore, the proposed parking lot will not increase the traffic in the immediate area. Additionally, the Plan Commission found that if the concept plan is revised to reduce identified conflicts, adequate ingress/egress for the proposed parking lot could be provided.

After hearing testimony and deliberating, the Plan Commission voted 7-0 to recommend approval of the rezoning to the IB District with two conditions. The Plan Commission recommended that if the Park District does not purchase and begin construction of parking lot within a reasonable time period, or at some point in the future sells the subject property, then the zoning classification would automatically revert to the I-1 District. This is the same condition that was placed on the Park District's existing facility at 536 East Ave, at the time of its rezoning. The Plan Commission also recommended that the proposed access point(s) for the parking lot be redesigned to ensure that they are sufficiently separated from the existing ingress access for 536 East Ave. to avoid potential pedestrian and vehicular conflicts between the two access points. The Park District has reviewed the conditions recommended by the Plan Commission and provided a letter agreeing to the conditions.

An ordinance authorizing the map amendment with the two conditions, pursuant to the recommendation of the Plan Commission was prepared. The first condition is that the Park District must apply for and secure a building permit from the Village for the Parking Lot on the Subject Property, and must have commenced construction of the Parking Lot within 12 months after the effective date of the ordinance. If construction has not commenced within 12 months, or if the Park District undertakes improvements on the subject property for any use other than a parking lot or other facility directly tied to the Park District's public recreation facility, then the classification of the subject property will revert, immediately and automatically, to its prior classification of I-1 Light Industrial District. After the parking lot is constructed, if at any time the subject property ceases to be used as a parking lot for the Park District's public recreation facility, then the subject property will revert, immediately and automatically, to its prior classification of I 1 Light Industrial District. The second condition concerns the design of the parking lot, including without limitation the location or locations for vehicular access into the parking lot, must be submitted to and approved by the Village prior to the issuance of any permit for construction on the subject property.

Trustee Augustine also noted that Phil Fornaro, Bob Vear and Dean Bissias of the Park District were in attendance.

Trustee Kotynek inquired if any remediation or other factors remain outstanding since the Park District took possession of the property from Nicor. Attorney Fornaro noted that remediation will take place at the site and is planned as part of the process in order to abide with health and safety concerns. They have received a Phase I “No Further Remediation” letter.

Trustee Kotynek expressed his support of the project and noted that the additional parking is needed by residents seeking to use the Park District facility.

Trustee McCarty inquired as to how many parking spaces would be added and if it would meet La Grange requirements based on the use of the recreation facility. Director Jones responded that the new lot is currently in the development phase. When the recreation center was initially reviewed and constructed, it met all requirements, however, over time, additional changes were made inside the building.

Trustee McCarty noted that he supports the request for additional parking and asked if there was an understanding of what is needed with the facility operating as it is currently. Mr. Fornaro noted that the current needs have been analyzed and the addition of the parking lot will allow the Park District to reconfigure and improve their overall efficiency.

Trustee McCarty noted that the Park District plans to pave the space but advocated for additional green space as it makes a big difference when landscaping and screening is considered. Ms. Jones noted that the Park District will be required to meet the minimum buffer requirements for new parking lots.

Trustee Augustine stated that permeable pavers were explored in the initial design. She inquired if an effort to save the existing trees would be made in addition to safety considerations such as speed bumps. Mr. Fornaro noted that a secondary drop off in addition to a circulated path would be utilized, and advised that speed bumps and additional safety designs would be considered.

Trustee Augustine moved to approve the ordinance amending the La Grange Zoning Map at 610 East Avenue for the Park District of La Grange, seconded by Trustee McCarty.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Kotynek, McCarty and McGee 

Nays: None 

Absent: Trustee Holder

B. Agreement – Municipal Engineering Services

President Kuchler asked Trustee McCarty to introduce the item. Trustee McCarty explained that the Village relies on consulting engineering firms to provide professional engineering services required for capital improvement projects, development review, and other miscellaneous engineering tasks. By utilizing outside engineering firms the Village is able to better manage project costs, reduce internal staffing requirements, access engineering specialists, and provide staffing for capital improvement projects on an as needed basis.

To further this engineering services delivery model, the Village went through a competitive qualifications process in 2009 to select a supplemental engineering firm to provide professional engineering services to the Village. The Village selected Baxter & Woodman for this contract and has renewed their contract for municipal engineering services on several occasions. Since the initial contract, the task order contract and process has worked well for the Village in delivering professional engineering services in a cost effective, efficient manner. As it has been 10 years since the initial selection process, Village staff embarked on a process of selecting the next engineering firm(s) to provide municipal engineering services to the Village...

On September 29, 2020, notifications were sent to 25 local engineering firms inviting them to submit statements of qualification for municipal engineering services and we received responses from 14 firms. After reviewing all of the statements of interest, by a work group consisting of the Director of Public Works, Director of Community Development, and Fire Chief, four consultants were selected for interviews based on each consultant's experience, personnel, past performance, project understanding and technical approach. In addition to the written materials provided by the consultants, they were given an opportunity for a short presentation, followed by a question and answer period.

Of the four firms interviewed, Baxter & Woodman and Christopher B. Burke Engineering were ranked as the two highest firms in their ability to meet the Village's future engineering needs. This was based on their past municipal engineering experience, project approach and personnel.

Both Baxter & Woodman and Christopher B. Burke Engineering would utilize the Village's standard professional services contract. Compensation for professional services is based on IDOT's consultant compensation formula with a not-to-exceed for each task order that includes direct labor, overhead and fringe benefits, a fixed fee, and direct costs. The direct labor costs and overhead rates are audited by IDOT and represent a discount to published hourly rates for the consultants. Staff also negotiated a reduction in the IDOT calculation of the fixed fee for each consultant of 18% in recognition of the economies of scale received through a task order contract. This method for compensation is a cost effective and efficient way to contract for professional engineering services.

By utilizing two engineering firms, the Village will gain additional resources and expertise to accomplish capital projects and other engineering needs. As projects are identified, staff would negotiate with a single firm for each project based on the firm and personnel experience, and staff availability. Individual task orders under the master task order agreements would be approved separately as per the Village's purchasing guidelines.

Trustee McCarty inquired as to how often the Village utilizes outside Engineering services. Mr. Gillingham responded that since 2009, the Village has engaged in over 200 task orders with Baxter & Woodman.

Trustee McCarty inquired as to why two firms were selected. Mr. Gillingham responded that it is becoming a common practice to have more than one firm available. greater access to personnel with varying experience.

Trustee McCarty inquired as to how an 18% reduction in overhead applies. Mr. Gillingham responded that the formula for reimbursement for expenses includes direct labor, direct cost, overhead and a fixed fee. The State determines the overhead based on a statewide audit. The 18% is then related to the fixed fee of 33% times direct labor. Both consultants have agreed to lower their rates to 27% times direct labor. This results in additional savings on top of the savings already provided by the set IDOT rate.

Trustee McCarty moved to approve the agreements for both Baxter and Woodman and Christopher B. Burke for Municipal Engineering Services, seconded by Trustee Kotynek.

Approved by a roll call vote:

Ayes: Trustees Augustine, Gale, Kotynek, McCarty and McGee 

Nays: None

Absent:

Trustee Holder

PUBLIC COMMENT

Village President Kuchler asked Village Manager Peterson if any comments had been received. Village Manager Andrianna Peterson advised that two comments had been received and proceeded to read the submitted comments.

David Bryant, 40 S. Ashland, submitted a comment noting the history of La Grange's actions to protect the environment and adjust to climate change. He stated that the future will demand additional environmental efforts.

Teresa Pfister, submitted a comment inquiring as to the status of the property located at 330 East Avenue. Manager Peterson noted that the property is currently involved in pending litigation.

TRUSTEE COMMENTS

Trustee Augustine noted that the Fire Department recommends that residents shovel snow three feet around fire hydrants on parkways in order to save time during emergencies.

CLOSED SESSION

None.

10. ADJOURNMENT At 8:55 p.m. Trustee Kotynek made a motion to adjourn, seconded by Trustee Augustine. Approved by a voice vote.

https://www.villageoflagrange.com/ArchiveCenter/ViewFile/Item/2649