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Village Board Minutes

VILLAGE OF NORTH AURORA
VILLAGE BOARD MEETING MINUTES
FEBRUARY 6, 2012

NORTH AURORA POLICE DEPARTMENT HONOR GUARD

PLEDGE OF ALLEGIANCE

CALL TO ORDER
Mayor Berman called the meeting to order.

SILENT PRAYER – MEDITATION

ROLL CALL
In attendance: Mayor Dale Berman, Trustee Chris Faber, Trustee Ryan Lambert, Trustee Mark Guethle, Trustee Mark Gaffino, Trustee Laura Curtis, Trustee Vince Mancini, Village Clerk Lori Murray. Staff in attendance: Village Atty. Kevin Drendel, Village Administrator Wes Kornowske, Community Development Director Scott Buening, Water Superintendent Paul Young, Public Works Superintendent Mike Glock, Police Chief Dave Summer.

AUDIENCE COMMENTS – None

TRUSTEE COMMENTS
Trustee Guethle complimented the Village on the newly designed Village Hall.
Trustee Lambert thanked the police department for the presence of the honor guard at the beginning of the Village Board meeting.

Mayor Berman said he was very pleased with the new and professional look of Village Hall.

CONSENT AGENDA
1. Approval of Village Board Minutes dated January 9, 2012
2. Approval of an Interim Bill List dated December 29, 2011 in the amount of $182.79

Motion for approval made by Trustee Guethle and seconded by Trustee Gaffino. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

NEW BUSINESS
1. Approval of a Resolution to Declare a Default in the Developer’s Obligations for
Randall Commercial Center
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Trustee Mancini asked if it is necessary to build a sidewalk at this time. Buening said that the Village would like all public improvements completed by July 15th of this year.
Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

2. Approval of a Resolution to become a U.S. EPA WaterSense Promotional
Partner
Motion for approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (6-0).

3. Approval of an Intergovernmental Agreement for Use and Development of
Certain Land between the Village of North Aurora and Fox Valley Park District (Water Wonders Project)
Motion for approval made by Trustee Guethle and seconded by Trustee Curtis. Trustee Mancini congratulated NOARDA for their work on the project. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Mancini – yes. Motion approved (6-0).

4. Approval of Waiving Bidding for the Construction of the Water Wonders
Interactive Stream Project
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

5. Approval of a Contract between the Village of North Aurora and Aquascape,
Inc. in the amount of $72,150.10 for the Construction of a Water Feature Contingent on the Fox Valley Park District’s Approval of an IGA Relating to the Improvement on February 13th
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (6-0).

6. Approval of a Continuing Legal Services from Drendel & Jansons Law Group
through December 31, 2012
Motion for approval made by Trustee Gaffino and seconded by Trustee Mancini. Roll Call Vote: Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (6-0).

7. Approval of an Ordinance Amending the North Aurora Code Section 5.08.350
by Decreasing the Number of Class E Liquor Licenses and Increasing the Number of Class D Liquor Licenses in the Village of North Aurora
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

8. Approval of a Resolution of Intent to Participate in the Great Central U.S.
Shakeout and become more prepared for Earthquakes and Other Disasters
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes. Motion approved (6-0).

9. Approval of a Preventive Maintenance Agreement for the Police Department
Security System with Convergint Technologies in the amount of $53,985.00 for a three (3) year term
Motion for approval made by Trustee Guethle and seconded by Trustee Lambert. Atty. Drendel confirmed that the selection of Convergint Technologies done through soliciting proposals and not through the bidding process. Roll Call Vote: Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

10. Motion to Approve the Purchase of a 2012 Chevy Impala for $18,630.61 from
Green Chevrolet through the State of Illinois Joint Purchasing Program (State Bid) through Central Management Services
Motion for approval made by Trustee Guethle and seconded by Trustee Mancini. Roll Call Vote: Trustee Guethle – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Faber – yes, Trustee Lambert – yes. Motion approved (6-0).

11. Approval of the Low Bid from Gerardi Sewer and Water Company in the
amount of $940,420.25 for the 2012 Water Main Project
Twelve contractors provided bids for the project. The bids were read aloud and the low
bidder was Gerardi Sewer & Water. The engineer’s estimate was 2.5% above the bid. Motion for approval made by Trustee Lambert and seconded by Trustee Faber. Trustee Mancini noted that there was a math error in one of the bids and asked if the Board had the correct amount in the information that was provided. Paul Young said that Swallows bid was $1 million. With the correction, they were $13,000 less than their actual bid, which was still well above the price quoted by the lowest bidder. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes. Motion approved (6-0).

12. Consideration of 2012 C.I.P.P. Bids, Consideration of Bid Protest, Approval of
2012 CIPP Low Bid and Notice to Proceed
Scott McFedries (Laborers District Council Labor Management Corporation Committee) 999 McClintock Drive in Burr Ridge, IL – McFedries said that there was a notice of first violation against Pipevision and that there are three additional issues that went through the AG’s office, one of which Pipevision paid out. McFedries said that there are four or five issues with Pipevision breaking the law. McFedries said that in his opinion the North Aurora Responsible Bidder Resolution adopts policy. McFedries said he does not find Pipevision a responsible bidder and asked that the Village award the job to the second lowest bidder. Trustee Guethle asked McFedries where their training facility is located. McFedries said it is located in Carol Stream. Guethle asked who pays for the training. McFedries said it is funded through the laborers. Every individual pays a certain amount out of their check which funds the training center. Guethle asked if they are primarily funded by private sector funding. McFedries said yes. Guethle asked how much time is spent on training. McFedries said that the course is 144 hours, and one portion of the course covers cured in pipe lining.

Marshall Martin of Pipevision (low bidder) addressed the Board. Martin said that there were some violations in 2007. The owner and manager were not aware of the violations and handled the matter when it came to their attention. Since 2007 there have been no violations. Martin said that Pipevision has installed over a million feet of pipe and have never had a bonding issue. Martin said there is no training for cured in pipe lining available in Illinois. Martin said that Pipevision is a responsible bidder.

Trustee Guethle asked how Pipevision trains its workers. Martin said that training is provided by an outside person, Mike Talkinson. Talkinson is a safety coordinator and a retired Chicago police officer. Guethle asked if certificates of training were provided with the bid package. Martin said it was not requested so it was not provided. Guethle said the packet requests apprenticeship training certificates. Guethle asked if a certificate for Bureau of Apprenticeship Training was received. Martin said that there is no apprenticeship program for cured in pipe lining. Guethle said that a complaint was filed with the Department of Labor February 11th of last year. Martin said he was not aware of the complaint and the last time he checked, Pipevision was clear of any violations.

Motion made by Trustee Mancini and seconded by Trustee Curtis to approve the lowest bidder Pipevision Products, Inc. out of LaSalle, IL.

Trustee Faber asked if the other four bidders submitted a Bureau of Apprenticeship Training Certificate. Wes Kornowske said the other four bidders are all union. Kornowske noted that Rempe-Sharpe worked with Pipevision in the past and that the references for Pipevision came back clean. The prevailing wage violation they had was a first notice and cannot be determined and factored into rejecting them until there is a second notice. There is an investigation on them from February 2011, but he cannot assume this will be a violation.

Trustee Faber said the issue to him is that the Village asks for a Bureau of Apprenticeship Training Certificate, which was received from the other four bidders but not from Pipevision. If the packet is not complete, the bid is thrown out. Kornowske said the other companies are signatories to the laborers. Pipevision is not. Kornowske said that the statement that there is no apprenticeship training program means there is not a separate CIPP training program, however there are classes within the laborers unit group that provide training for CIPP. Kornowske stated that this is an important distinction to make. When getting the Bureau of Apprenticeship Training Certificates from the other companies, it is for the laborer’s program, and not for CIPP. CIPP is a class within the laborer’s program and not a separate certification.

Atty. Drendel said that the Board is looking at a bid spec that included a certification that apprenticeship training was provided. They provided the certificate but indicated that there is not a training program for CIPP. The issue is whether they were responsive to the bid specs which called for the certification. Atty. Drendel said it is a deviation from the specs (not providing the certification of participation in a Bureau of Apprenticeship Training program as requested) and the question is whether it is a minor deviation or a material deviation.

Trustee Guethle noted that apprenticeship training is paid for by the employer and not the dues paying member. Therefore, there are a group of employers paying for training for this industry and ones who do not.

Trustee Gaffino asked if the Village received all of the bid package requirements from Pipevision. Kornowske said that the Village creates a certification page that the bidder must sign, saying that they participate in an apprenticeship training program. The Village requires by resolution that the training is approved by the Bureau of Apprenticeship Training. Pipevision submitted their bid with the certification page signed, however saying that they provide in-house training and would not hire any subs. They did not provide the certificate that they participate in an approved program, but they provided the certification page.

Trustee Guethle asked what the difference in price was between the two bids. Kornowske said it was $1000. Mayor Berman asked for a roll call on the motion to accept the lowest bid. Roll Call Vote: Trustee Mancini- yes, Trustee Curtis – yes, Trustee Gaffino – no, Trustee Guethle – no, Trustee Lambert – yes, Trustee Faber – no, Mayor Berman – no. Motion defeated (3-4).

Motion made by Trustee Guethle and seconded by Trustee Gaffino to approve the next lowest bid, Insituform Technologies. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – no, Trustee Mancini – no. Motion approved (4-2).

13. Approval of an Ordinance Amending Title 5 of the North Aurora Code relating
to Business License Registration and Contractor Licensing
Motion for Approval made by Trustee Gaffino and seconded by Trustee Guethle. Roll Call Vote: Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – no, Trustee Guethle – yes, Trustee Lambert – yes, Trustee Faber – yes. Motion approved (5-1).

14. Approval of an Ordinance Amending Chapter 15.20 of the North Aurora Code
regarding the 2006 International Residential Code regarding Fire Blocking Requirements
Motion for approval made by Trustee Lambert and seconded by Trustee Guethle. Roll Call Vote: Trustee Lambert – yes, Trustee Guethle – yes, Trustee Faber – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

15. Approval of a Resolution Exercising an Option to Renew for One Year, an
Intergovernmental Agreement with the County of Kane for Animal Control Services
Motion for approval made by Trustee Gaffino and seconded by Trustee Mancini. Roll Call Vote: Trustee Gaffino – yes, Trustee Mancini – yes, Trustee Curtis – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (6-0).

16. Approval of Purchasing a new Dell PowerEdge Server (Finance Server) from
Dell State and Local Government through state of Illinois Joint Purchasing in the amount of $7,414.39
Motion for approval made by Trustee Lambert and seconded by Trustee Mancini. Roll Call Vote: Trustee Lambert – yes, Trustee Faber – yes, Trustee Guethle – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

17. Approval of Pay Request No. 8 from Robert Yiu Construction for NAVH
Renovation Services through 1/31/2012 in the amount of $231,836.00 and Certificate of Substantial Completion and Reduction in Retainage to 5%
Motion for approval made by Trustee Guethle and seconded by Trustee Faber. Roll Call Vote: Trustee Guethle – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Gaffino – yes, Trustee Curtis – yes, Trustee Mancini – yes. Motion approved (6-0).

18. Approval of Bill List dated 2/6/2012 in the amount of $466,307.77
Motion for approval made by Trustee Mancini and seconded by Trustee Gaffino. Roll Call Vote: Trustee Mancini – yes, Trustee Curtis – yes, Trustee Gaffino – yes, Trustee Faber – yes, Trustee Lambert – yes, Trustee Guethle – yes. Motion approved (6-0).

OLD BUSINESS – None

VILLAGE PRESIDENT REPORT
Mayor Berman mentioned a letter he received from the executive director of NIMEC which relayed a strong endorsement for Bill Hannah and his efforts in making the Village of North Aurora one of the first communities to use an outside source for electricity. Each resident and small business will recognize a savings of $1,250,000 this year as a total.

COMMITTEE REPORTS
North Aurora Days Committee – Trustee Gaffino reported that the North Aurora Days Committee met last week. This year’s NA Days will bring back the auto show and the beer and wine tasting. There was discussion about the possibility of a new location. Gaffino suggested the possibility of grading and seeding the five acres of land the Village owns on Orchard Gateway.

Mike Glock said that grading, seeding and weed kill for that property would range from $40,000 – $70,000. Wes Kornowske said that he could bring some funding mechanisms to the Board for review.

Development Committee – Trustee Guethle reported that the sidewalk money for the Village had arrived.

TRUSTEES’ COMMENTS
Trustee Faber said that the City of Aurora has rolled out their Facebook Page, leaving the Village of North Aurora as the only community in the Fox Valley that does not have its own Facebook page. Mayor Berman suggested a committee work on this idea.

ADMINISTRATOR’S REPORT
Wes Kornowske reported on the following:
-Village is currently working on the Waste Watch Program.
-Labor negotiations with Local 150 will begin on Feb. 21st.
-SRTS Grant received – will be engineering and constructing sidewalks along Schneider Elementary School, bike racks, lighted stop signs and curb cuts.

Trustee Faber noted the Neil Ormond is very pleased with the work Kornowske did on the grant and thanked the Village for getting this going. Mayor Berman mentioned that Trustee Guethle was lobbying for this issue.

ATTORNEY’S REPORT – None
FIRE DISTRICT REPORT – None

VILLAGE DEPARTMENT REPORTS
a. Finance – None
b. Community Development – Scott Buening reported on the following for the month of January: Permits: 1 single family, 2 commercial and 20 other permits. 133 inspections. 98 signs removed from right-of-way and 43 first notices. The Plan Commission meeting is scheduled for tomorrow. One of the items that will be discussed is the Woodman’s plat of subdivision. The Village has received the Speedway submittal for the variance, special use and site plan.
c. Police – Chief Summer reported on the following:
1. Implementation of the honor guard.
2. IDOT granted traffic safety program – resulted in 2 DUI’s and 27 speeding tickets issued.
3. Officer Mark Shillair was certified as a Traffic Crash Reconstruction Investigator. Chief Summer said he had recently accepted a plaque from the Employers Support of the Guard and Reserve acknowledging the Village as a patriotic employer.
4. Officer Ryan McKinness was named Officer of the Year by the Lions Club.
5. The NA Police Department recently entertained officers from the Niagara regional police out of Canada. They are in the research stage of building a new police station and were very impressed with the job the village did in building the new police department.
d. Public Works – None.
e. Water – None

EXECUTIVE SESSION – Motion made by Trustee Guethle and seconded by Trustee Curtis to adjourn to executive session to discuss pending litigation. All in favor. Motion approved.

(return from Executive Session)

ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Gaffino. All in favor. Motion approved.

Respectfully Submitted,

Lori J. Murray
Village Clerk

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