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Minutes - 03/10/2008 - Committee of the WholeMINUTES OF THE MARCH 10, 2008 SPECIAL COMMITTEE - OF- THE -WHOLE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN BY THE VILLAGE BOARD ON APRIL 22, 2008. 1. CALL TO ORDER: The Special Committee -of -the -Whole Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:33 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: Trustee Moin Saiyed. IN ATTENDANCE: David Niemeyer, Village Manager and Mark Sterk, Village Attorney. 3. UPDATE — DUPAGE COUNTY HOUSING AUTHORITY, et al. v_ VILLAGE OF n A u RR nnx President Craig asked Village Attorney Sterk to provide an update. Attorney Sterk reminded the Board that they unanimously agreed that President Craig and Trustee Kennedy should meet with representatives of the DuPage Housing Authority in an effort to resolve this litigation. President Craig was out town therefore Trustees Kennedy and Wolin met with the Housing Authority. There were two additional follow -up meetings. As a result of those meetings the Village prepared a proposal with input from Attorney Sterk, Trustee Kennedy, Village Manager Niemeyer and Robert L. Kallien, Jr., Director of Community Development that was presented to the Housing Authority. Attorney Sterk felt that the proposal was a solid proposal to the Housing Authority with respect to the zoning and the development issues. He iterated that there were actually two components to the litigation. One was the zoning and development and building permits which the Village had absolute control over and the other was the money damage issue which the Village had no control over since IRMA was not inclined to pay much more than attorney fees on this case. In his career of twenty -nine years he had never seen a governmental agency sue another governmental agency for money damages, much less for violation of civil rights. COMMITTEE -OF- THE -WHOLE Minutes Page 1 of 3 SPECIAL MEETING MARCH 10, 2008 3. He felt that this proposal was a substantial step in resolving the litigation, but the Village received a response from the DuPage Housing Authority which flatly rejected the settlement proposal advanced by the Village because there was no financial damages component. He indicated that the litigation would have to go to trial and that it would be stated that the Village made an effort to settle the part that it had control over and that it had been rejected by the Housing Authority because they want financial damages. Trustee Kennedy stated that he felt the Board and staff had made a good faith effort to reach a resolution. Trustee Saiyed stated that the public should be aware that the County, to which all residents pay taxes, is suing the Village for a substantial amount. Attorney Sterk indicated that it would be in the area of five to seven million dollars. Trustee Sanford commended the efforts put forth. 4. UPDATE — VILLAGE OF OAK BROOK ETHICS ORDINANCE President Craig felt that during his campaign in 2007 there was a perception of some residents of an impropriety in the Village government. There was a delay in getting the process started due to staffing changes in the administration and getting through litigation issues. He added that he felt the current ethics ordinance was weak and contributed to past issues that triggered lawsuits. In January an ad hoc committee was appointed consisting of Trustees Manofsky and Wolin; David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager and Mark Sterk, Village Attorney to draft comprehensive amendments to the current code. He thanked them for their efforts. He felt that the ordinance presented was a means to hold all employees and elected officials to a clear and uniform standard. He added that it reflects the guidelines adopted by the State. Trustee Manofsky thanked the committee for their efforts. The committee met to go over the broader plans of what should be included and again to be sure that all factors were included. A number of issues that were addressed in the Human Resources Manual are now included in this ordinance. She felt the document was about 90% complete and asked the trustees for their input. Trustee Carson felt that a training program for employees should be included because the ordinance was quite complex. Trustee Manofsky responded that training was in the works. COMMITTEE -OF- THE -WHOLE Minutes Page 2 of 3 SPECIAL MEETING MARCH 10, 2008 4. Discussion ensued regarding independent contractors and the ability to include them as part of the ordinance. Attorney Sterk indicated that he would look into it. Trustee Kennedy suggested that it might be appropriate to add that language to contracts with contractors. Manager Niemeyer added that he felt there was a differentiation between the regular vendor /contractors and contractors that act more in the capacity of an employee. All agreed. Discussion ensued regarding the readability and understanding of the ordinance. Trustee Wolin indicated that the committee attempted to address that issue, but Attorney Sterk pointed out that much of it came from State Statute and it would be inadvisable to change wording due to possible court challenges. He felt it would be better for enforceability if wording was kept the same. Trustee Kennedy indicated that he had some suggestions regarding language which was not substantive that he would pass on to Attorney Sterk. He also suggested language to begin the ordinance on a positive note. He also suggested additional issues. 5. ADJOURNMENT: Motion by Trustee Kennedy, seconded by Trustee Carson, ' to adjourn the Committee -of- the -Whole Meeting at 8:32 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk COMMITTEE -OF- THE -WHOLE Minutes Page 3 of 3 SPECIAL MEETING MARCH 10, 2008