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Minutes - 05/14/2002 - Board of TrusteesMINUTES OF THE MAY 14, 2002 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 28, 2002. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:33 p.m. The Pledge of Allegiance was given. 2. ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Karen M. Bushy, Trustees George T. Caleel, John W. Craig, Susan Chase Korin and Elaine Miologos. ABSENT: Trustee Alfred P. Savino IN ATTENDANCE: Stephen B. Veitch, Village Manager; Michael A. Crotty, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Debra J. Jarvis, Fire Chief; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney and Bonnie Sartore, Bath & Tennis Club Manager. 3. ANNOUNCEMENTS AND OPEN FORUM: George Kleutsch, Vice President of Ginger Creek Community Association, thanked the Board for their decision on the variation request for driveway gates. He asked that a written opinion from the homeowners association be required when an applicant applies to the Village for a zoning change. Attorney Martens stated the Village makes every attempt to advise the homeowner's associations when a request for zoning relief is filed, but legally the applicant does have the right to apply. An application must go through the normal process before the Village. Village Manager Veitch added that all property owners within 250 feet of the subject property are notified of the application. 4. APPROVAL OF MINUTES: Motion by Trustee Caleel, seconded by Trustee Korin, to approve the Minutes of the Regular Board of Trustees Meeting of April 23, 2002 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page I of 15 May 14, 2002 CALL TO ORDER ROLL CALL ANNOUNCE MINUTES 5. CONSENT AGENDA: All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Trustee Miologos requested that 5.C.1. be removed from the Consent Agenda for further discussion. Motion by Trustee Caleel, seconded by Trustee Craig, to approve the Consent Agenda as amended and that the Board has determined that the circumstances necessitating the change orders were not reasonably foreseeable at the time the contract was signed and that the change orders are in the best interest of the Village and are authorized by law. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. A. APPROVAL OF BILLS - $1,639,545.47 Significant items included above: 1) DuPage Water Commission - $195,729.37 2) Civiltech Engineering, Inc. — Payout #4 —York Road/Harger Road Bicycle/Pedestrian Path, Phase II - $22,843.26 3) Harbour Contractors, Inc. — Payout #15 — Library Building Project - $272,038.33 4) Earth Tech, Inc. — Payout # 22 - Municipal Complex Project - $7,291.93 5) Harbour Contractors, Inc. — Payout # 15 - Municipal Complex Project - $627,198.71 6) Sigalos & Associates — Payout #11 — Bath & Tennis Club Project - $53,398.00 C.AGENDA BILLS - $1,639,545.47 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 27, PYRL - $646,151.36 2002 - $646,151.36 C. CHANGE ORDERS: CHNGE ORDERS 1) CHANGE ORDERS #5, #27 -30 AND #32 — MUNICIPAL COMPLEX REMOVED PROJECT — HARBOUR CONTRACTORS, INC. — NET AMOUNT $26,504.00 - REVISED TOTAL CONTRACT AMOUNT - $8,001,907.07 - Removed from the Consent Agenda for further discussion. 2) CHANGE ORDERS # 69, #70 & #71— BATH & TENNIS PROJECT — BATH & TENN PROD SIGALOS & ASSOCIATES — EXTENSION OF TIME AND ASSESSMENT OF LIQUIDATED DAMAGES VILLAGE OF OAK BROOK Minutes Page 2 of 15 May 14, 2002 5. D. REFERRALS: None. REFERRALS E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE BIDS /PROPOSALS CONTRACTS: None. F. APPROVAL OF REQUEST FOR RELEASE OF FUNDS — OAK BROOK RELS OF FNDS - DP GE CONV & VIS HOTEL, CONVENTION AND VISITORS COMMITTEE — 20% OF THE BUR. - $11,241.69 2002 FIRST QUARTER HOTEL TAX RECEIPTS TO THE DUPAGE CONVENTION & VISITORS BUREAU IN THE AMOUNT OF $11,241.69 G. RESOLUTION 2002 -BD -AFC -R -806, "A RESOLUTION RES-02-BD- AFC -R- 806 - EST CTE ESTABLISHING AN AD HOC COMMITTEE FOR THE PURPOSE OF AUTMN FEST PLANNING AND COORDINATING THE 2002 OAK BROOK AUTUMN FESTIVAL" H. DUPAGE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT DPGE CTY CDBG PROGRAM PROG I. MEMBERSHIP RENEWAL, PAYMENT OF DUES AND DEBT MEM REN - DUPGE AY SERVICE ASSESSMENT - DUPAGE MAYORS AND MANAGERS CONF M & MAN & CONFERENCE — 2002/2003 J. ACCEPT AND PLACE ON PUBLIC FILE — 2001 COMPREHENSIVE 01 COMP ANNUAL ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER FIN. RP T. K. ACCEPT WITHDRAWAL OF VARIATION REQUEST — WARNER — 26 WITHD VAR RQST -- BAYBROOK LANE 26 BAYBRK LN L. ORDINANCE 2002 -PP -S -1016, "AN ORDINANCE AUTHORIZING THE ORD - 02 -PP -S -1016 - AUCTION OF SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY PERS PROP THE VILLAGE OF OAK BROOK" 6. ITEMS REMOVED FROM CONSENT AGENDA: RMVD C AGNDA 5. C. 1) CHANGE ORDERS #5, #27 -30 AND #32 — MUNICIPAL COMPLEX CFINGE ORDERS 5 PROJECT — HARBOUR CONTRACTORS, INC. — NET AMOUNT AND N -30 MCP $26,504.00 - REVISED TOTAL CONTRACT AMOUNT - $8,001,907.07 Trustee Miologos requested that 5.C.1. be removed from the Consent Agenda for further discussion. VILLAGE OF OAK BROOK Minutes Page 3 of 15 May 14, 2002 C$I 5. C. 1) Village Manager. Veitch explained the change orders for #5, #27 -30 and #32 - Municipal Complex Project - Harbour Contractors, Inc. - Net Amount $26,504.00 - Revised Total Contract Amount - $8,001,907.07. The Board discussed the option of laminate counter tops versus granite. Motion by Trustee Miologos, seconded by Trustee Korin, to approve Agenda Item 5.C.1. Change Orders #5, #27 -30 and not approve Change Order 432 - Municipal Complex Project - Harbour Contractors, Inc.- Net Amount $20,368.00 - Revised Total Contract Amount - $7,995,771.07 and that the Board has determined that the circumstances necessitating the change orders were not reasonably foreseeable at the time the contract was signed and that the change orders are in the best interest of the Village and are authorized by law. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. 7. BOARD & COMMISSION RECOMMENDATIONS: BD/COMM RECOM A. RECOMMENDATION: OAKLAND PLAT OF SUBDIVISION — 121 FNL PLT OF sUBD - 121 & 209 OAK BRK AND 209 OAK BROOK ROAD — FINAL PLAT OF SUBDIVISION RD Plan Commission Recommendation Final Plat of Subdivision - By a vote of 6 to 0, the Plan Commission recommended approval of the final plat to be known as the Oakland Subdivision for the 7.7 acres located at 121 and 209 Oak Brook Road. The two existing homes on the site will be demolished in order to accommodate three new single - family homes. The Board approved the preliminary plat of subdivision for this area on November 27, 2001. To preserve a number of the large oak trees on the property, the subdivision incorporates a single - private driveway /turnaround to provide access to each of the new lots. As a result, the applicant is seeking a variation to several provisions of the Subdivision Regulations, which are summarized in the petition file. In recommending approval of this final plat, the Plan Commission attached the following condition: 1. Address the issues contained in the memorandum dated April 8, 2002 from Village Engineer Durfey including final engineering approval. VILLAGE OF OAK BROOK Minutes Page 4 of 15 May 14, 2002 7. A. In making this recommendation, the Plan Commission found that the final plat is in substantial conformance with the approved preliminary plat including the requested variations. Also, it was found that the applicant has addressed the applicable standards required for approval of a final plat of subdivision. Motion by Trustee Miologos, seconded by Trustee Caleel, to concur with the Plan Commission and authorize the Village Attorney to draft the necessary resolution for final consideration at the May 28, 2002 Board of Trustees' meeting. VOICE VOTE: Motion carried. 8. ACTIVE AGENDA (Items for Final Action): A. CONFIRMATION OF APPOINTMENTS: 1) 2002 OAK BROOK AUTUMN FESTIVAL COMMITTEE President Bushy recommended the following appointments for confirmation. a. Village of Oak Brook (Trustee) - John Craig, Committee Chairman b. Oak Brook Civic Association - Carolyn Link C. Butler School PTA - Karen Rooney d. Brook Forest School PTA - Mariette Adrian e. Oak Brook Women's Club - Joan Philip f. Resident - Residing in Downers Grove School Districts #58 & #99 - Rose Boersma g. Resident - Residing in Elmhurst Unit School District #205 - Ralph Maxson h. Resident - Residing in Salt Creek School District #48 and Willowbrook High School District #48 & #88 - Nelly Naguib i. At Large Member - Asif Yusuf j. At Large Member - Harry Peters k. At Large Member - Joyce Antoniolli 1. At Large Member - RonnDa Peters m. At Large Member - Barbara Nasharr n. At Large Member - Connie Craig o. At Large Member - Nuha Dabbouseh P. Commercial Sector Representative - Janis Lundquist Motion by Trustee Caleel, seconded by Trustee Korin, to concur with the recommendation of President Bushy and appoint the above named individuals to the Autumn Festival Committee. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 5 of 15 May 14, 2002 116 ACTIVE AGENDA CONFRM APPTMNTS AUTMN FESTIVAL 8. A. 2) POLICE PENSION FUND BOARD POL PENS FUND BD President Bushy recommended the following appointment for confirmation: Police Pension Fund Board (2 Year Term) Re- appointment of Alan J. Feldman (term expires 5/14/02) to the Police Pension Fund Board, with his term expiring May 11, 2004. Motion by Trustee Korin, seconded by Trustee Caleel, to concur with the recommendation of President Bushy to re- appoint Alan J. Feldman to the Police Pension Fund Board, with his term expiring May 11, 2004. VOICE VOTE: Motion carried. 3) BOARD OF FIRE AND POLICE COMMISSIONERS BRD OF FIRE & POL COMMISSIONERS President Bushy recommended the following appointment for confirmation: Board of Fire & Police Commissioners (3 Year Term) Re- appointment of John G. Baar (term expires 5/2002) to the Board of Fire & Police Commissioners, with his term expiring May, 2005. Motion by Trustee Korin, seconded by Trustee Caleel, to concur with the recommendation of President Bushy to re- appoint John G. Baar to the Board of Fire & Police Commissioners, with his term expiring May 2005. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE 2002- CB -AG -S -1017, "AN ORDINANCE AMENDING ORD 02-CB-AG-S- ,W, CBL TEL ORDINANCE S -607, AN ORDINANCE APPROVING A CABLE FRANCH AGREE TELECOMMUNICATIONS FRANCHISE AGREEMENT AND AUTHORIZING THE EXECUTION THEREOF" The existing cable television franchise agreement between the Village and AT &T Broadband will expire on June 8, 2002. Staff has been working with a consultant to draft a new cable television ordinance that will provide the framework for negotiating the new agreement. The draft ordinance is under final review, and once it is complete, it will be shared with representatives from AT &T Broadband for their reaction, and then the ordinance will be brought to the Village Board for consideration. Once the ordinance is in place, franchise renewal negotiations can begin. VILLAGE OF OAK BROOK Minutes Page 6 of 15 May 14, 2002 8. B. 1) The proposed consolidation of AT &T Broadband and Comcast Corporation would result in the transfer of control of the cable television franchise to a new entity called AT &T- Comcast. Through the Metropolitan Mayors Caucus, the affected franchising agencies (including Oak Brook) enlisted Dr. Barry Orton & Municipal Services Associates, Inc. to conduct the due diligence review of the new entity's technical, financial and legal qualifications. That process is pursuant to FCC guidelines and regulations, and is well underway. Incidentally, Dr. Orton is the same consultant that the Village has enlisted to assist with the negotiation of the new franchise agreement. During the past 6 to 8 months, the representatives from AT &T Broadband who will be responsible for negotiating the terms of the new franchise agreement with the Village have been occupied with activities necessary as a result of the transfer of control and due diligence review. This has prevented significant negotiation to proceed with any of the franchising agencies whose agreements are set to expire. As such, staff recommends the adoption of the ordinance that would extend the expiration of the existing agreement for a period of one year (or until June 8, 2003). Both AT &T Broadband representatives and the Village's consultant are confident that this will be sufficient time to conclude negotiations, hold the requisite public hearing, and ensure that a new agreement is in place. Before the vote was taken, President Bushy stated that she wanted it known that AT &T is a major tenant in a building that she owns. Motion by Trustee Caleel, seconded by Trustee Miologos, to pass Ordinance 2002- CB -AG -S -1017, "An Ordinance Amending Ordinance S -607, An Ordinance Approving A Cable Telecommunications Franchise Agreement and Authorizing the Execution Thereof." ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. 2) RESOLUTION 2002 -AG -EXI -R -807, "A RESOLUTION AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE DUPAGE FOREST PRESERVE DISTRICT CONCERNING THE ESTABLISHMENT OF THE SALT CREEK GREENWAY TRAIL AND THE PERFORMANCE OF PHASE II ENGINEERING SERVICES" VILLAGE OF OAK BROOK Minutes Page 7 of 15 May 14, 2002 RES 02-AG-EX I -R- 807 SUPP AGR - DPG FOR PRES DIS - SLT CRK GRNwY TRL 8. B. 2) At the Village Board meeting of January 27, 1998, the Board approved "A Revised Intergovernmental Agreement Providing for the Establishment of the Salt Creek Greenway Trail and the Performance of Certain Engineering Services" concerning the design and construction of a trail along or in the general vicinity of Salt Creek from the Ned Brown Forest Preserve in northern Cook County, south to DuPage County and connecting with the Centennial Trail of the National Historic Chicago Portage Site. This trail is approximately 25 miles in length and project sponsors include the Forest Preserve District of DuPage County, the Addison Park District, the Village of Addison, the Elmhurst Park District, the Village of Oak Brook, the Village of Lyons, the Forest Preserve District of Cook County, and the Village of Villa Park. The DuPage Forest Preserve District is the lead agency. The Phase I Engineering work is essentially complete (staff is awaiting IDOT's final approval). The next step is to proceed with Phase II Design Engineering. On April 16, 2002, the DuPage Forest Preserve approved the first supplemental agreement concerning Phase II Engineering services and is asking each agency to also approve it so that the project may continue. Each agency has a respective share of the costs. Oak Brook's share is $31,185 out of a total $350,775. The Village expects to receive 80% reimbursement as part of the grant process. The 2002 Budget contains $36,000 for this project. Staff is requesting approval of this supplemental agreement through a resolution in order to be consistent with each of the other agencies' actions in the past. Motion by Trustee Miologos, seconded by Trustee Caleel, to pass Resolution 2002- AG -EXI -R -807, "A Resolution Authorizing Execution of a First Supplemental Agreement Between the Village of Oak Brook and the DuPage Forest Preserve District Concerning the Establishment of the Salt Creek Greenway Trail and the Performance of Phase II Engineering Services." ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. 3) RESOLUTION 2002 -TX- INCM -R -808, "A RESOLUTION OF THE RES 02- TX- INCM -R- 808 ST INC TX & VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, IL PHTOPROC TAX CONCERNING STATE INCOME TAX AND PHOTOPROCESSING TAX SHARED WITH MUNICIPALITIES." VILLAGE OF OAK BROOK Minutes Page 8 of 15 May 14, 2002 h;- 8. B. 3) Within the last few weeks it has become apparent that the resolution of the State of Illinois' budget crisis could involve a reduction in the portion of the state income tax shared with municipalities through the local government distributive fund and elimination of the portion of the photoprocessing tax shared through the fund. The Illinois Municipal League and municipalities across the state are strenuously opposed to these steps on the grounds that local governments have already experienced revenue shortfalls in these and other sources commensurate with those experienced by the state and that to reduce or eliminate these longstanding sharing formulas impacts local governments disproportionately. The impact on the Village of Oak Brook is estimated to be an additional $77,000 annually. Staff recommends adoption of a resolution, which would formally register Oak Brook's opposition to these proposals. Motion by Trustee Caleel, seconded by Trustee Craig, to pass Resolution 2002- TX -INCM -R -808, "A Resolution of the Village of Oak Brook, DuPage and Cook Counties, IL Concerning State Income Tax and Photoprocessing Tax Shared With Municipalities." ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. C. AWARD OF CONTRACTS: None. NONE D. ACCEPTANCE OF ACTUARIAL REPORTS — POLICE & ACT REPTS POE & FIRE PENS FUNDS - FIREFIGHTERS' PENSION FUNDS AND APPROVAL OF THE 2002 cONTR TO FNDS VILLAGE CONTRIBUTION_ RATES TO POLICE & FIREFIGHTERS' PENSION FUNDS An actuarial study of the Police Pension Fund and Firefighters' Pension Fund is performed annually in order to monitor the funding progress of the two funds as well as determining the Village's contribution for the coming year. Since it is in both the Village's interest and the two pension funds' interest that these studies be performed, 50% of the cost of each study is paid for by the Village and 50% is paid for by the respective pension fund. Timothy W. Sharpe, Actuary, once again performed the studies. VILLAGE OF OAK BROOK Minutes Page 9 of 15 May 14, 2002 8. D. Firefighters' Pension Fund: The actuarial report indicates that the Firefighters' Pension was 88.2% funded as of December 31, 2001, a decrease of 8.0% from the funded percentage in 2000. The percent funded has decreased over time from a high of 110.9% in 1998 to 88.2% today. The first large decrease occurred in 1999 and reduced the funded percentage by nearly 10 %, primarily due to benefit enhancements approved by the Illinois legislature. Since that time, the fund's investments have performed at less than the actuarially assumed rate of 7.50 %, and thus the percent funded has continued to decrease. During 2001, the fund actually had a negative return of $186,670, which was due to the poor performance of the Fund's (and the entire market in general) equity investments. Even though the Fund is no longer 100% funded, its funded percentage still ranks high in the State. Pursuant to state statutes, the Fund is not required to be 100% funded until 2033. The Fund remains in excellent financial condition. However, the Firefighters' Pension Fund is no different than any other pension fund, it is imperative that investment returns begin to pick up in the future in order to halt this declining trend. The actuary has recommended a Village contribution of 19.60% of payroll for 2002, an increase of 1.84% of payroll from the 2001 rate. Since the Fund is less than 100% funded, an amortization payment is required in order for the Fund to be 100% funded by 2033 (in prior years the Village actually received a credit on its contribution since it was overfunded). An increase in the amortization payment due to the decrease in the percentage funded is the cause for most of the increased contribution rate. A contribution of 18.0% was assumed in the preparation of the 2002 budget. The difference of 1.60% will be made up in other areas of the Fire Department Budget. To date in 2002, the Village has continued to contribute to the Firefighters' Pension Fund at the 2001 rate of 17.76 %. The past practice has been that the contribution rate is made retroactive to January 1 of each year. A retroactive payment of approximately $13,400 will be made to the Firefighters' Pension Fund. Police Pension Fund: The Police Pension Fund was 93.8% funded as of December 31, 2001, a decrease of 7.70% from the funded percentage in 2000. VILLAGE OF OAK BROOK Minutes Page 10 of 15 May 14, 2002 l� 8. D. Like the Firefighters' Pension Fund, benefit enhancements as well as investment returns in recent years being below the actuarially assumed rate of 7.50% have reduced the funded percentage from a high of 109.8% in 1998 to the 93.8% funding level today. During 2001, investment earnings were only $290,365, or approximately 1.4 %. This reduced the funded percentage below 100% for the first time in several years. Before the actuarial study is completed, each respective fund meets with the actuary to review results, retirements, and the assumptions used. There was a significant amount of concern expressed by several members of the Police Pension Fund Board regarding the achievability of the investment return assumption of 7.50% going forward. Obviously, everyone's faith in the market has been shaken with the stock market performance over the last several years and the current low interest rate environment in the fixed income markets. When the interest rate assumption question was posed to Oak Brook Bank, the Fund's money manager, it was their opinion that taking into account the market's historical performance over the last 70 years as well as the investment mix allowed by law (45% equities /55% fixed income), that a return of 7.50% is reasonable (this sentiment is also shared by the Firefighters' Pension Fund money manager). At the present time the Pension Board decided to leave the interest assumption unchanged. However, they specifically requested that the Village President advise the Village Board of their concern and that if the returns fall short again this year they would likely recommend reducing the interest rate assumption when the next actuarial study is performed. This would result in further increases in the Village's contribution. Ultimately, any funding decision is the responsibility of the Village Board. The actuary has recommended a Village contribution of 13.60% of payroll for 2002, an increase of 2.11% from the amount recommended in 2001. The increase is due primarily to the Village now being required to make an amortization payment for the unfunded liability since the fund is now less than 100% funded. A contribution of 12.0% was assumed in the preparation of the 2002 budget. The difference of 1.60% will be made up in other areas of the Police Department Budget. To date in 2002 the Village has continued to contribute to the Police Pension Fund at the 2001 rate of 11.49 %. The past practice has been that the contribution rate is made retroactive to January 1 of each year. A retroactive payment of approximately $18,300 will be made to the Police Pension Fund. VILLAGE OF OAK BROOK Minutes Page 11 of 15 May 14, 2002 8. D. Both the Police Pension Fund and Firefighters' Pension Fund boards have approved their respective studies and concur with this recommendation. Robin Zahran, 718 Acorn Hill Lane, stated to the Board that the earnings and benchmarks should guide the pension funds. Finance Director Langlois indicated quarterly studies are performed for each fund. Motion by Trustee Miologos, seconded by Trustee Korin, that the Village Board accept the actuarial report of the Police Pension Fund and that the Village Board approve a Village contribution of 13.60% for police officers retroactive to January 1, 2002.. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried Motion by Trustee Caleel, seconded by Trustee Miologos, that the Village Board accept the actuarial report of the Firefighters' Pension Fund and that the Village Board approve a Village contribution of 19.60% for firefighters retroactive to January 1, 2002. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried E. APPROVE AND ACCEPT SUBDIVISION IMPROVEMENTS — AcPTSUB IMP - AUTHORIZE REDUCTION IN SUBDIVISION SECURITY — APPROVE FOR GTE SUB CASH MAINTENANCE BOND - FOREST GATE SUBDIVISION At the Board of Trustees' meeting of April 23, 2002, the Board approved an Amendment to the Subdivision Improvement Agreement for Forest Gate, subject to three conditions, which stipulate that certain remaining items do not have to be completed at this time, but must be completed by September 15, 2005. The developer has complied with the three conditions. The developer is now in a position to have his land improvements completed to date approved and accepted. He has provided documentation stating that the land improvements constructed have been completed in substantial conformance with the engineering plans and specifications, that the Hinsdale Sanitary District accepts ownership, operation and maintenance of the sanitary sewer system and that the Engineering Department computer printout of the Forest Gate Subdivision Letter of Credit Reduction is acceptable. VILLAGE OF OAK BROOK Minutes Page 12 of 15 May 14, 2002 V 8. E. The developer has provided documentation acceptable to the Village Attorney showing that payment has been made in full for all of the improvements to date. The Engineering and Water Departments have inspected the improvements and found them to be acceptable. As -built Mylar plans have been received and found to be acceptable. The developer has submitted a Cash Maintenance Bond and Agreement in lieu of a Letter of Credit regarding the extraordinary wetland maintenance requirements. These have been found acceptable as to form. In accordance with the original Subdivision Improvement Agreement, the original Subdivision Security can be reduced to an amount equal to 15% of the original amount of the work, excluding the remaining items, which amount shall constitute security for the performance by the developer for his obligation to repair and correct defects in the work for a period of one year following the date of acceptance of the work. This 15% amount equals $259,000. Motion by Trustee Miologos, seconded by Trustee Korin, that the Village Board approve and accept the Subdivision Improvements constructed to date for the Forest Gate Subdivision, authorize a reduction of $25,217.67 in the original Subdivision Security and approve the Cash Maintenance Bond for the wetlands. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. 9. INFORMATION & UPDATES: A. VILLAGE PRESIDENT: President Bushy indicated that the DuPage Mayors and Managers Conference has put out a call for Village Trustees to volunteer for their working Committees. President Bushy and Village Manager Veitch serve on committees. She distributed a copy of a Wall Street Journal article on the Community Character Act relative to zoning issues in municipalities that a resident had sent to her. She added that it was an effort by the federal government to take away control of certain zoning issues from the local municipalities. VILLAGE OF OAK BROOK Minutes L� Page 13 of 15 May 14, 2002 INFO & UPDATES VLLGPRES 9. B. VILLAGE MANAGER: VLLG MGR 10 11 Village Manager Veitch stated that the Gypsy Moth first application should occur this week if the weather is warm enough. The report of the results of the 2002 Citizens Survey is available. The 2003 Village Board Objectives Workshop will occur on Monday, June 3, 2002 at 7:30 p.m. DEPARTMENTAL REPORTS — LIAISON ASSIGNMENTS: Community Development Trustee Savino Finance & Purchasing President Bushy Library & Technology Trustee Korin Public Safety Trustee Caleel Engineering, Public Works & Safety Pathway System Trustee Miologos Sports Core, Community Events & Hotel, Convention Trustee Craig & Visitors Committee Village Clerk Clerk Gonnella Monthly Reports were accepted as presented and placed on file. UNFINISHED AND NEW BUSINESS: A. DISCUSSION - TRUSTEE APPOINTMENT POLICY The draft policy ordinance forwarded to the Board addresses questions to be asked of a proposed appointee in both closed and open session, but does not mandate either approach. It also would require each member of the Board who votes on confirmation to state the reason for his/her vote. The desirability and usefulness of some of these provisions are among the matters that the Board may wish to discuss. President Bushy noted that since two Trustees were not in attendance, that the Board might wish to address this issue when the full Board was present. Trustee Caleel commented that he felt the process used to confirm the nomination of Stelios Aktipis worked well and that the proposed policy ordinance set forth that process with the exceptions of items D and F. Discussion ensued related to the legality of passing an ordinance, which was previously distributed when the topic was listed as a discussion item and that traditionally major policy decisions were deferred until the whole Board was in attendance. A. Attorney Martens indicated that there was recent litigation related to the VILLAGE OF OAK BROOK Minutes Page 14 of 15 May 14, 2002 L� UNFIN & NEW BUSINESS TRSTE APPT PLCY 11. issue of taking action on an item not listed on the agenda, but that he did believe a listed item such as this could be acted on legally if the Board wished to do so. 12 13 Motion by Trustee Caleel, seconded by Trustee Craig, to amend the ordinance to delete items D and F, reletter the remaining items, and pass the "Ordinance Establishing the Policy of the Village President and Board of Trustees of the Village of Oak Brook with Respect to Appointment of Village Trustees" as amended. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: Robin Zahran, 718 Acorn Hill Lane, commented that in his opinion certain residents are being excluded from committees and boards of the Village. He stated that after September 11, 2001 views have changed on individuals in this country. He felt that our Police Department has not investigated thoroughly an incident that occurred at his home recently. Attorney Martens responded that if he felt he was discriminated against because of his ethnicity, he may contact the Police Chief or State's Attorney's Office. If it has to do with process servers, he may contact their office in Springfield or Chicago if he felt they were offensive and an investigation would likely occur. Trustee Miologos suggested that the Village Board research this. President Bushy noted that Mr. Zahran was given in writing the procedure to follow but did not respond to the letter. Trustee Caleel asked that more information be given to the Village Board before the next meeting explaining what has occurred. ADJOURNMENT: Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 9:37 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K: Gonnella, CMC Village Clerk VILLAGE OF OAK BROOK Minutes 41 Page 15 of 15 May 14, 2002 OTHER BUS. ADJRN