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R-882 - 08/10/2004 - RETIRED - Resolutions Supporting Documents.1,3.1) 0 0 9e l� o ° AGENDA ITEM Regular Board of Trustees Meeting of August 10, 2004 SUBJECT: Release of Closed Meeting Minutes to the General Public from January, 2004 through June, 2004 FROM: Linda K Gonnella, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Resolution 2004- BD -CL- MIN-EXI -R 882, A Resolution Approving the Release of Closed Meeting Minutes Background/History: Effective January 1, 1982 ILSC 120/2 06 required that all public bodies shall keep written minutes of all their meetings, whether open or closed. The public body shall periodically, but no less than semi - annually, meet to review minutes of all closed sessions that had not been released to the public At this time, it is recommended that these minutes be released. Upon review of the minutes, it should be determined and reported in open session whether the need for confidentiality still exists as to all or parts of those minutes or whether the minutes no longer require confidential treatment and should be available for public inspection Attached are the Closed Meeting minutes of January through June, 2004 which have been reviewed by Attorney Kubiesa and items still pending and requiring continued confidentialaity have been redacted Recommendation: That the Board approve Resolution 2004- BD -CL- MIN -EXI -R -882, A Resolution Approving the Release of Closed Meeting Minutes from January, 2004 through June, 2004 MINUTES OF THE AUGUST 10, 2004 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON SEPTEMBER 14, 2004. 1. CALL TO ORDER- The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E Dean Board Room of the Butler Government Center at 7.30 p.m. The Pledge of Allegiance was given. 2 ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, John W. Craig, Susan Chase Korin, Asif Yusuf and Elaine Zannis. ABSENT: Trustee George T. Caleel. IN ATTENDANCE. Richard Boehm, Village Manager; Jeffrey Moline, Assistant Village Manager; Dale L Durfey, Jr., Village Engineer; Robert L. Kallien, Jr., Director of Community Development; Kenneth Kubiesa, Village Attorney and Darrell J. Langlois, Finance Director. President Quinlan announced that the Board is scheduled to go into a closed meeting to review minutes of a closed meeting so that the Board of Trustees will be allowed to address it publicly in the open session of the Board meeting 3. ADJOURN TO CLOSED MEETING: To discuss minutes of meetings lawfully closed under the Open Meetings Act, whether for the purpose of approval by the body of the minutes, or for semi - annual review of the minutes as required by the Open Meetings Act. Trustee Aktipis stated he would oppose any motion to go into a closed meeting as he believes that the Village is going through a peculiar set of circumstances and he would not want to discuss any business in closed meeting unless it could be demonstrated to him that there is absolute legal necessity to do so. He stated he has reviewed the matters that are to be addressed in the closed meeting and he did not believe any of those matters are necessary in a closed meeting. Village Clerk Gonnella made the following statement, according to the Village Code, Ordinance 2004- VCODE- CL- MTG- PLCY -G -739, An Ordinance Adopting a Closed Session Recording Policy states in Section 1. C., Semi - annually at the second regular Board meeting of the corporate authorities in January and July the agenda shall include the following item- review of the minutes of all closed sessions that have not yet been VILLAGE OF OAK BROOK Minutes Page 1 of 29 August 10, 2004 0 3. released for public review and determination of which if any may then be released. Minutes or recordings shall not be released unless the corporate authorities of the Village of Oak Brook find it as no longer necessary to keep them confidential to protect the public interest or to protect the privacy of any individual. As to any minutes or recordings or portions thereof not released the corporate authorities of the Village of Oak Brook shall find that the need for confidentiality still exists as to those meetings or recordings or portions thereof. The corporate authorities may require the Village Attorney's opinion regarding the release or non - release of the respected recordings and minutes. Clerk Gonnella indicated that there is one set of minutes that need to be reviewed by the Board in order to be released to the public that is required by the Village Code and the Open Meetings Act. She stated that if the one set of minutes are to be released in open session that they would be released as printed and not as redacted as there are confidential matters that should not be released to the public. Trustee Aktipis stated that those minutes have been fully abridged and he believes that the other Board members have also reviewed them and he has no difficulty releasing those minutes in open session. Motion by Trustee Aktipis, seconded by Trustee Korin, to release the set of closed meeting minutes of June 30, 2004 as redacted VOICE VOTE: Motion carried. Trustee Aktipis asked that Agenda Item 12, Adjourn to a Closed Meeting also be removed from the Agenda. Trustee Korin explained that she had asked for the closed meeting to discuss litigation regarding IRMA representatives, as they were not in attendance of the meeting. It was a consensus of the Village Board that Agenda Item 12 be removed from the agenda. President Quinlan also announced that Agenda Item 9. B. 2), An Ordinance Amending Title 1 ( "Administration "), Chapter 5 ( "Appointed Village Officials ") of the Village Code of the Village of Oak Brook to Provide for Limits to Temporary Appointments of Village Officials has been removed from the Agenda by consensus of the Village Board. 4 RESIDENTNISITOR COMMENT: President Quinlan announced that the Village Board of Trustees at their last regular meeting changed the method of prosecuting DUI's in the Village. He has reviewed this process as several residents asked if he would veto the DUI (Driving Under the Influence) ordinance. He stated that he would not take such action. He voiced his concern of repealing that ordinance as he indicated it was adopted for the right reasons. The ordinance was designed to improve police officer and attorney relationships and the Village's police officers would have a better working relationship with the prosecutor. It would allow the Village to control the qualifications of whoever was prosecuting the DUI cases. It also would create a revenue stream for the Village in creating funds to VILLAGE OF OAK BROOK Minutes Page 2 of 29 August 10, 2004 PAP 4. strengthen the Police Department for better enforcement. He indicated that he did not believe those three things would happen with the repealing of the ordinance. He did agree that some cases would be negotiated to a lower penalty. The intent was not to subvert the prosecution process but to allow the Village to negotiate where a not guilty was found and find some benefit to the Village. He also addressed a rumor and innuendo that some misuse of power surrounding DUI prosecutions has taken place. He has researched this and the Village Attorney has found no evidence of that type of behavior from any member of the Board of Trustees or the Village's Police Department. He indicated that he met with the Homeowner Association Presidents that represent a fair number of the Village's homeowner associations on July 27, 2004. He stated that they sent a letter to him when he had surgery and he explained that he will respond to them in writing within the next couple of days. He stated that he is in receipt of a letter from the Illinois Department of Labor. He had requested on behalf of the Village of Oak Brook to address the prevailing wage rate as the Village must contract at a higher rate for landscape contracts involving the Oak Brook Public Library. A hearing has been set for Friday, August 20th in which the Village will address their case on this issue. Trustee Zannis requested an opening comment in which she stated that two Village Board meetings prior she indicated she was upset because of an incident at her home that she found very distressing. Yesterday a similar incident occurred at her home and she filed a police report and she wanted to share it with the Village residents. A police officer arrived within five minutes and was attentive to detail and accommodating. They both agreed that what is happening in Oak Brook is not beneficial to the Village or staff and she empathized with him. She stated that used tampons were found at her front and rear doors ,as this incident also had occurred two weeks prior. Previous to that incident another item was left at her front door that was intimidating and alarming to her She believes that the discord that is happening in Oak Brook today was not happening at the beginning of June. She has never had an incident at her home let alone repeated and of such an offensive nature. She stated she has had many disagreements in the Village Board Room In the beginning of June the Village Board was working well together and she does not understand what went wrong and would like it to end She offered that neighbors are arguing over this issue and hoped it would end. She stated it is the most paramount issue that the Village Board must face and stated that President Quinlan has the ability to end this She requested as a teammate, a neighbor and someone who loves Oak Brook that President Quinlan address the situation President Quinlan stated he regrets any losses that Trustee Zannis is suffering at her home and glad that she filed a police report. He hopes that the perpetrator is captured and punished to the full extent of the law but that the Board must move forward with the business of the Village. VILLAGE OF OAK BROOK Minutes Page 3 of 29 August 10, 2004 4 Trustee Aktipis stated that there are not strong enough words to denounce this type of attempt to intimidate a Village Trustee. President Quinlan commented that before Trustee Aktipis uses such strong language he asked if Trustee Aktipis had any proof or any sound reasoning that this is an attempt to intimidate. He stated that he should have solid proof before any accusation is made. Trustee Aktipis again reiterated that the proof that this is intimidation is that three such incidents as Trustee Zannis has described have already happened for the first time in the history of the Village. Is this simply a coincidence? He suggested that anyone, who thinks that they may intimidate a Village Trustee and they may intimidate the entire Village of Oak Brook are completely mistaken. Trustee Zannis stated what has happened in the community is not a prank but the discord that exists is not a healthy disagreement. It is an obstacle to the Village Board in doing business involving the Village Attorney's resources, Trustees and President Quinlan's time. The issue of trust is required in order for the Board of Trustees to work together as a team Trustee Korin also requested making a statement. She stated it is absolutely in the best interest of the Village to appoint a permanent Police Chief, approved and in place as soon as possible. She stated to her knowledge President Quinlan has not made any appointment to interview the four candidates or meet with any other individual, as it has been twenty -one days since the deadline of July 20th to receive resumes At the recent Homeowner Presidents' meeting, President Quinlan had stated that he could not appoint anyone only interviewing them once. She noted that Mr. Carpino was appointed after only one interview. Two of the four candidates the Trustees agreed to approve have been interviewed twice. The Homeowner Association Presidents have requested several public calls for a permanent appointment by August 2, 2004. The Village Board made a motion at their last meeting to make an appointment whether it was the four candidates they have approved or someone of President Quinlan's own choosing but to make the appointment and move on with the process. She asked President Quinlan when would he offer an appointment for the permanent Police Chief position. President Quinlan stated he would offer a compromised situation at the next Village Board meeting. He stated that the Village Board would be able to review this and determine whether to accept or reject it. Trustee Korin stated if he has some compromised situation in mind, why not discuss it now. President Quinlan stated that he does not have the details finalized. She indicated that she is skeptical that the Village Board will receive something that the Board would agree on and acceptable to the Village President Quinlan questioned, with the exception of Trustees Asif Yusuf and John Craig, on what the Board evaluates as qualifications for a Police Chief. He asked what knowledge the Board has other than the Board has experience in administration He noted that these two Trustees were police officers and would know what it takes to be a police officer. He explained when he talked with other professionals, he considered their input. VILLAGE OF OAK BROOK Minutes Page 4 of 29 August 10, 2004 ;12 4. He listened to many law enforcement officials who gave him their opinions, which was part of the driving force for the temporary appointment on the person he chose. Trustee Korin stated that this Board was elected to make the decisions of the hiring of all the directors and all corporate authorities. She noted that President Quinlan did not state that they didn't have the ability to hire a Fire Chief. She remarked that the Board members are educated people and the Board could receive the opinions of people in other communities. She suggested that the interview process by the Board of Trustees and their collective discussion could make a very educated decision as to who is the right person for the job. President Quinlan then asked how many resumes the Board interviewed for the Fire Chief position. Trustee Korin stated that no resumes were reviewed. President Quinlan then asked how many resumes the Trustees requested. He indicated that none were requested or were any interviews requested. Trustee Korin stated she had asked President Quinlan to process a public search for a Fire Chief and it was only when she asked that did Manager Boehm interview three or four persons. Trustee Aktipis stated whatever mistakes were made in the past that they should not be repeated He indicated that this be an open process and there is enough input from those who by law are entrusted with that input. There are seven members who constitute the corporate authority and President Quinlan is not the corporate authority alone. He asked that President Quinlan participate in the process the same way that the Trustees are willing to participate as this is not a dictatorship but a democracy. He remarked that this is a democratic form of government and by claiming that President Quinlan may make the input entirely by himself because of having greater sources that will help guide him in this process is a high level of thinking beyond where he should be thinking. Trustee Yusuf indicated that a mistake was not made in the hiring of the Fire Chief but the results have worked out well. Trustee Aktipis clarified that a mistake was not made in the hiring of the Fire, Chief but rather the process. Trustee Zannis stated she has accountability to the residents and the Village residents know that process is very important to her and has been since the previous administration. She stated she fought for process of the appointment of a Village Trustee but when it came to the Fire Chief, she did not fight for process. She indicated she gave on that issue because of trust and other issues. She had to be accountable to her residents when they questioned her on why interviews were not held as they asked her where was her loyalty and the process. She stated that they did the best for Oak Brook as it has worked out wonderful with the Fire Chief. Her philosophy of process has not changed as four months ago she discussed in closed session the process of the Police Chief position The Board clearly understood her comments of going back to basics to accountability to the residents and responsibility to the public to interview and what are the qualifications to make a responsible decision. Trustee Yusuf concurred reviewing the qualifications of individuals and to interview the individuals and come to determination what is the best choice for the Village. Trustee VILLAGE OF OAK BROOK Minutes Page 5 of 29 August 10, 2004 4. Zannis suggested that the process has been stymied. President Quinlan stated he would move in accordance with the law. Thomas Mullins thanked the Board for their work during this current administration in settling a contract dispute with the police and fire departments, raising the property values of the Village by raising the roof line for new construction and have taken necessary steps to promote fiscal responsibility with the passage of a new sales tax initiative. None of this work could have been done without the Board working as a team. He also sees a concern of a trend during the previous administration under former President Bushy that for the most part consists of the same Trustees. When Trustee Butler had to vacate his seat, two qualified candidates were attempted by President Bushy to fill the vacancy and each time the candidates were challenged and denied even though President Bushy was well within her legal rights. Unfortunately, this caused a divided Board for several months and issues were tabled. This was finally settled with the appointment of Trustee Aktipis Now it appears a similar situation again except that now it is the current President being challenged on similar issues. He stated President Quinlan has legally appointed a Police Chief and is being challenged and thus the Village will suffer again. He has tried to impose along with the Trustees that the Village through Attorney Peter Baroni prosecute their own first time DUI's. Now through a sudden change of heart this has been shut down. There are pros and cons to this issue however he agrees with Trustee Yusuf that this probably should have been studied before the Board voted to repeal the ordinance. At the last Board meeting President Quinlan attempted to appoint Mr. Sayiet to the Zoning Board of Appeals and this was tabled without explanation. As a voter and a resident he asked why so many of the appointments continue to be challenged and causing chaos in the Village that is not needed. The Board has displayed that they have the ability to work together as they did the first eighteen months of their administration and he asked everyone to put their personal agendas aside and return to the business of the Village. Trustee Aktipis asked if Mr. Mullins is a relative to the Mr. Mullins that spoke at the previous Board meeting and Mr. Mullins indicated there is a number of the family residing in Oak Brook. Trustee Aktipis then remarked that the Mullins family and the Quinlan family are very close Mr. Mullins stated yes as well as he has known the Chase family for twenty -seven Yeats. Trustee Korin commented to Mr. Mullins' remark that when President Bushy attempted to make the appointments in the absence of Trustee Butler that she made appointments publicly without discussion by the Board in closed meetings. It was her choice in two occasions to make it public. She indicated that President Bushy finally came to a closed meeting and that an appointment needed to be made that the Board would agree to and that person was Trustee Aktipis. She noted that is exactly what has happened again in this situation. Trustee Korin stated she has to do what is best and vote for the person that is going to be the best candidate for the Village. If there had been some private conversations or any notice whatsoever this public discussion would not have to happen VILLAGE OF OAK BROOK Minutes Page 6 of 29 August 10, 2004 no 4. Trustee Korin again asked for a nomination of a permanent Police Chief. President Quinlan for the record read from the Village Code, Section 3 -1 -2, Chief of Police: Office created; Appointment: The office of Police Chief of the Police Department of the Village is hereby created. The Police Chief shall be appointed by the Village President and approved by the Board of Trustees on the basis of merit, fitness and experience. Trustee Zannis addressed Mr. Sayied's tabled appointment. She indicated that she spoke to Mr. Sayied of his appointment The former Zoning Board of Appeals member Ayesha Zaheer was an architect. She stated that Mr. Sayied wants to be involved in the community and that he would be an asset As a Trustee, she explained the Board would need to determine if there is another resident that would bring value to the table When the Library Commission needed members, it was published and the Board asked to interview any possible candidates and that the Village President requested this. When you request a candidate's name, should one know their qualifications and interview them so that a knowledgeable decision can be made. None of that dialogue occurred and so six Trustees were asked to approve the recommendation. President Quinlan asked if she had spoken or interviewed any of the Library Commissioners that were approved that evening. She indicated that she was not on the task force to do that as a committee was established to interview commissioners and presented to the Board a recommendation. Trustee Korin noted that the individuals approved at the last Board meeting were renewals as she did interview candidates for the Library Commission as she sat on that task force. Judy Lucas explained to Trustee Aktipis that she is a Mullins member and there are 10 Mullins who have homes in the Village and they have a vested interest in this Board. It appears to her that the current Board of Trustees has a specific agenda of disrupting and denying anything President Quinlan puts forth. The way she understands the situation is that until a permanent Police Chief is appointed, the Board of Trustees has no say in the matter. She remarked that this Village has not forgotten how long it took to fill the vacant Trustee position a few years ago under the leadership of Karen Bushy. She recalls that it was a similar situation of a few Trustees holding out until the candidate they favored was appointed. The Police Chief position is too important to the Village and it needs to be resolved. If it does continue for months then at least the Oak Brook residents will have some input and it will be demonstrated at the polls in the spring The second issue is the Homeowner Presidents as she indicated she did not care what side of the table they are on but they absolutely have no right to speak on behalf of their residents without their consent. Unless they have polled their residents and received two - thirds of their consent, how dare they speak for them? She truly hopes that each and every Oak Brook resident attends their next Homeowner Board meeting to let their Homeowner President know how they feel about their actions. To the handful of Homeowner Presidents that did not sign the letter to President Quinlan favoring the Trustee position or stand behind a spokes person at the July 27, 2004 Village Board meeting, she commended them for not using their position to promote their political opinion. VILLAGE OF OAK BROOK Minutes Page 7 of 29 August 10, 2004 Zb- 4. Alfred Knuth made a statement to the Board of his concern of the police appointment. He stated many residents do not realize that in June of 2003 there were originally five administrative positions in the Police Department including two Lieutenants, one Sergeant, one Deputy Chief and one Police Chief. Since 2003 the Village has gone through attrition with one Lieutenant, one Sergeant, one Deputy Chief retired and the Police Chief retired leaving one Lieutenant to cover all criminal activities, administrative issues as well as staff issues. The public may or may not applaud President Quinlan's temporary appointment of Mr. Carpino but he had no other choice because of the slowness of the process. He suggested that this type of attrition rate and at a level of one key person within the Police Department is putting citizens in jeopardy. The finding of an appointment has been slow as the May 201h deadline passed and then it was postponed to June and July. He believes there were plenty of applicants to review. He noted in the Chicago Tribune of June 2, 2004 that it stated the Village's Police Chief retires with extra perks. The abstract illustrates that the past Chief retired with a $54,000 compensation and health benefits. He asked why such a high retirement package was given to him. He asked whoever is hired as the Police Chief that such a package should not be given to that person. Trustee Aktipis stated that the crisis Mr. Knuth has suggested in the Police Department has occurred in terms of personnel was created as the result of actions taken by President Quinlan in removing two of the top leadership positions in the Police Department. Mr. Knuth stated for the record that the Trustees in of themselves and the President would allow this to happen. Trustee Aktipis indicated that hopefully the Trustees will be able to release the contract and then the public will be able to see what circumstances took place. Trustee Craig stated if he had not stepped forward that he would not approve the former Police Chief's health benefits until he was 65 years old that it would have been in the contract. Trustee Aktipis explained that the Board of Trustees did not review the signed contract with the President of the Village and the former Police Chief but that contract will eventually see the light of the day and Mr. Knuth will have his answer. President Quinlan cautioned that the Board of Trustees should not be discussing closed meeting items in an open forum as they are supposed to be closed for a particular legal reason Mario Vescovi stated to the Board that his signature is one of those listed on the letter to President Quinlan as a Homeowner President. He explained their issue is the fact that President Quinlan was given four names to select from a month ago from the Trustees, which is their job to do, and asked why it has taken so long for the selection He noted that President Quinlan had stated it would take several days for him to respond to that letter as over twenty Homeowner Presidents had signed representing 80% of the Village residents. He asked that a Police Chief selection be made by August 10, 2004. He took exception to Mr. Mullins' statement of increased property value due to the amount of data VILLAGE OF OAK BROOK Minutes Page 8 of 29 August 10, 2004 4. going to the press, rancor taking place and negative feedback. President Quinlan explained that he was invited with a two -day notice to the Homeowner Presidents' meeting. For the record, the selection process is not for the Board of Trustees to give him pre- approved names but the selection process is for the Village President to make an appointment. He will present a pool of candidates to the Board of Trustees as he will make a statement at the next Board meeting. He further commented that in regards to the 80% representation that Mr. Vescovi indicated that the Homeowner Presidents represented, he is not sure that is accurate as only fifteen Homeowner Presidents signed the letter President Quinlan also noted that the letter was delivered the day of his surgery. He further explained that everyone is neighbors and all seven Board members including the Village Clerk sacrifice their time for the betterment of Oak Brook He suggested that people may disagree on how the process should take place but to remember we are neighbors first. Trustee Zannis asked to address the process of appointments by the Village President The Village President appoints with the advice and consent of the Board of Trustees. Several years ago she wanted to put a policy in place to define this process. She indicated that she wanted this written policy and at the time she was encouraged that by putting a written policy to define the process is limiting and constricting to the Board and Village President. It is her understanding that there is no policy in the Village of Oak Brook that defines the process. Attorney Kubiesa stated Illinois State Statute and the Village Code defines the process perhaps not to the extent that Trustee Zannis wishes defined. She indicated there isn't a process for how a Trustee gives advice. Trustee Zannis understood that the Board concurred and that through consensus the Board would interview and present a list of candidates that would be acceptable to them. President Quinlan suggested that the Board should not comment on closed meeting items in open session. When those minutes are released to the public, those minutes are open for the public to review and appropriate to address it. Trustee Aktipis asked Attorney Kubiesa how discussing closed meeting items in general terms is contrary to the interest of the Village or is in violation of the law. Attorney Kubiesa explained that the subject matter of executive sessions is meant to be confidential and that is the purpose of that meeting. Discussing those matters in open session violates the confidentiality of those items and it is illegal. Trustee Aktipis asked in what way it violates the law as he does not understand his reasoning as it is the initiative of the Board as the corporate authority to go into closed session and define subjects that are within the context of the law that may be discussed confidentially. By the same token it is within the prerogative of the Board of Trustees to release that information as is done occasionally and he stated he did not see a conflict Attorney Kubiesa stated that once the Board of Trustees makes a collective decision to release the information to the public then it is no longer confidential but that hasn't been done in reference to the subject Trustees has been discussing. Trustee Aktipis stated a motion could be made to release these minutes so that Trustee VILLAGE OF OAK BROOK Minutes Page 9 of 29 August 10, 2004 1 M 4. Zannis could discuss the matter she wishes to address. Attorney Kubiesa stated you could release the un- redacted minutes of the closed meeting whether or not that is in the best interest of the Village without reviewing it as was requested by the Village Clerk in closed session, but he has serious doubts that it is in the best interest of the Village Trustee Zannis stated her discussion involved whether or not the Board of Trustees had a consensus of how they were going to proceed in order to get this done. Trustee Aktipis stated he saw no down side in open session of the Board of Trustees deciding to release that part of the closed minutes and therefore be free to discuss this in open session Trustee Yusuf stated that the Board is basically going to Agenda Item 9. B. 1) A Resolution Approving the Release of Closed Meeting Minutes - January, 2004 through June, 2004. Motion by Trustee Aktipis, seconded by Trustee Korin, to release the part of the minutes that relate to the subject under discussion and be free to discuss this in open session ROLL CALL VOTE- Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 1 - Trustee Caleel. Motion carried. Trustee Zannis stated there was a consensus of how the Board was going to move forward in order to facilitate resolution. President Quinlan remarked there was a written memorandum to the Board of Trustees outlining the process after their discussion from the May 11, 2004 Board meeting. Trustee Zannis indicated there was conversation relative to that issue. President Quinlan indicated that he had asked the Trustees to give him names and that the whole process is in writing. Trustee Aktipis stated the essential agreement was there would be a number of interviews and a consensus would arrive among the Trustees of those who were best qualified for the position. Then the names would be presented to the President and from that pool he would make a choice. President Quinlan stated that was not his recollection as why he stated it would be in the best interest or pull the documents. He suggested that the Board of Trustees obtain those documents from the Village Manager and review them. Trustee Zannis indicated that they agreed that they would proceed with all due speed in the best interest of the Village. Trustee Yusuf stated that if they had gone with the original pool of candidates from the original search they would not be in this situation. Three of the four candidates are from that original search and had the Board started interviewing at that time, completed the process a temporary appointment would not have needed to be done. The shorthanded administrative personnel of the Police Department would not have occurred and it would have been completed. What he thought was a very good pool of candidates was not adequate for his colleagues and they sought to expand the search which delayed the process by a couple of months which brought them into this situation of laying the groundwork for a temporary appointment. VILLAGE OF OAK BROOK Minutes Page 10 of 29 August 10, 2004 8. C. 5. The planned development of Lot 1 (including the special uses) would appear to neither prohibit nor hinder the future redevelopment of Lot 2 (L- shaped parcel). 6. In the southwest corner of the subject property, the petitioner has identified a location for a future entryway feature for use by the Village. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendations from the Plan Commission and Zoning Board of Appeals and approve the requested special uses for a drive -in establishment and an outdoor dining arrangement and authorize the Village Attorney to draft the necessary ordinance for final consideration at the August 24, 2004 Board of Trustees meeting. VOICE VOTE Motion carried. 9. UNFINISHED BUSINESS: A. CONFIRMATION OF APPOINTMENTS - None. B. ORDINANCES & RESOLUTIONS 'RESOLUTION 2004- BD -CL- MIN -EXl -R -882, A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES — JANUARY 2004 THROUGH JUNE, 2004 Effective January 1, 1982 ILSC 120/2.06 required that all public bodies shall keep written minutes of all their meetings, whether open or closed. The public body shall periodically, but no less than semi - annually, meet to review minutes of all closed sessions that had not been released to the public. At this time, it is recommended that these minutes be released. Upon review of the minutes, it should be determined and reported in open session whether the need for confidentiality still exists as to all or parts of those minutes or whether the minutes no longer require confidential treatment and should be available for public inspection. The Closed Meeting minutes of January through June, 2004 have been reviewed by Attorney Kubiesa and items still pending and requiring continued confidentialaity have been redacted This agenda item was addressed earlier in the agenda 2) ORDINANCE 2004- AP -BD -G -753, "AN ORDINANCE AMENDING TITLE 1 ( "ADMINISTRATION "), CHAPTER 5 ( "APPOINTED VILLAGE OFFICIALS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO PROVIDE FOR LIMITS TO TEMPORARY APPOINTMENTS OF VILLAGE OFFICIALS" The Village Board at their July 27, 2004 meeting directed the Village Attorney to draft an ordinance limiting the term of office of temporary appointments made by VILLAGE OF OAK BROOK Minutes Page 28 of 29 August 10, 2004 H RESOLUTION 2004- BD -CL- MIN -EX1 -R -882 A RESOLUTION APPROVING THE RELEASE OF CLOSED MEETING MINUTES WHER S, the Village Board of the Village of Oak Brook has met from time to time in closed session for purpos authorized by the Illinois Open Meetings Act, and WHEREAS, psuant to the requirements of 5 ILCS 120/2 06(c), the Village Board has met in closed session to review all clos d session minutes; and WHEREAS, the Vill ge Board has further determined that a need for confidentiality still exists as to portions of the closed sessio minutes from the meetings set forth on Schedule A, attached hereto. NOW, THEREFORE, BE PAGE T RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU AND COOK COUNTIES, ILLINOIS as follows Section 1 That the closed se sion minutes of February 24, 2004, April 13, 2004, May 11, 2004, May 25, 2004, June 8, 2004, June 29, 2004Nand June 30, 2004, at 9 06 a m and 6 07 p m , respectively, attached hereto, are hereby released, subject to tip deletions described in Schedule A Section 2. That the Village Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with thNin nding procedures of the Clerk's office Section 3 That this resolution shall be ill f orce and effect from and after its passage and approval as provided by law. APPROVED THIS 10th day of August, 2004 Village President PASSED THIS 10th day of August, 2004 Ayes Nays Absent ATTEST Village Clerk Jam.... r �,* SCHEDULE