1
00:00:00,000 --> 00:00:04,100
May 6, the time is 7-12, can I please say, we're welcome.

2
00:00:04,820 --> 00:00:13,040
Trustee Marzano, Trustee Cross, Trustee Slavic, President, Trustee Jones, Trustee Van, President, Trustee Benley,

3
00:00:15,070 --> 00:00:20,090
President, President, President, President.

4
00:00:20,090 --> 00:00:27,350
roll call to allow remote attendance.

5
00:00:27,610 --> 00:00:29,090
So we've been like that again.

6
00:00:30,190 --> 00:00:30,470
Roll calls.

7
00:00:30,990 --> 00:00:32,050
So see, Marzau.

8
00:00:32,490 --> 00:00:32,510
Hi.

9
00:00:32,750 --> 00:00:33,330
Trustee Cross.

10
00:00:33,850 --> 00:00:34,730
I just see, please.

11
00:00:34,730 --> 00:00:35,790
I just see Jones.

12
00:00:35,830 --> 00:00:36,810
I just see Van.

13
00:00:37,770 --> 00:00:37,910
Hi.

14
00:00:39,270 --> 00:00:41,310
In three public comments, same rules apply.

15
00:00:48,510 --> 00:00:49,710
Through Moya.

16
00:00:49,710 --> 00:00:51,350
I have received one fee.

17
00:01:23,100 --> 00:01:32,240
I would hope that as trustees think you're an apple, the record you think is to find

18
00:01:32,240 --> 00:01:40,660
a word to walk the right to the word, was it necessary for the tremendous amount of

19
00:01:40,660 --> 00:02:03,980
I think that you need to make sure that you find everything that you find for you.

20
00:02:07,120 --> 00:02:09,780
Thank you. Anyone else?

21
00:02:12,030 --> 00:02:16,390
Okay, new business for a discussion regarding the 2020-26 Spring Tree Planning Program.

22
00:02:17,050 --> 00:02:17,070
Yes.

23
00:02:18,010 --> 00:02:18,350
Yes.

24
00:02:18,510 --> 00:02:26,270
So this item is similar to the fall tree planting programs that we just had where the village board approved,

25
00:02:26,270 --> 00:02:34,170
waving bids to proceed with St. Auburn after staff compared pricing between St. Auburn and six other nurseries,

26
00:02:34,170 --> 00:02:36,490
and St. Auburn was the most cost effective.

27
00:02:37,430 --> 00:02:39,330
That is still true for this spring.

28
00:02:39,990 --> 00:02:43,290
However, unfortunately, after the spring, St. Auburn

29
00:02:43,290 --> 00:02:44,550
is going to be closing.

30
00:02:44,870 --> 00:02:48,030
We've been using them successfully for more than 20 years,

31
00:02:48,210 --> 00:02:49,570
so that is a bummer.

32
00:02:50,190 --> 00:02:53,310
But with that, they will not be able to offer a warranty

33
00:02:53,310 --> 00:02:55,630
on the trees that we plant in the spring.

34
00:02:56,790 --> 00:03:01,610
However, historically, we've had about a 10%

35
00:03:01,610 --> 00:03:03,710
failure rate, which reads that are planted.

36
00:03:04,430 --> 00:03:07,430
We're looking at planting about 100 trees in the spring,

37
00:03:07,590 --> 00:03:12,830
so you would estimate 10 around 10 trees that would not take.

38
00:03:13,190 --> 00:03:15,090
So even with those replacement costs

39
00:03:15,090 --> 00:03:20,610
factored in, St. Abin would still be the most affordable for reference

40
00:03:20,610 --> 00:03:23,990
in 2025 with the Spring and Fall planting program.

41
00:03:23,990 --> 00:03:26,630
The village planted over 200 trees.

42
00:03:26,630 --> 00:03:31,390
The total cost through St. Abon was about $74,000.

43
00:03:32,190 --> 00:03:36,110
The same planting through the suburban tree consortium,

44
00:03:36,110 --> 00:03:38,690
which includes those six nurseries I mentioned,

45
00:03:38,750 --> 00:03:42,270
would have resulted in a total cost of just over $90,000.

46
00:03:43,010 --> 00:03:46,150
So Steptas recommends still proceeding with St. Abon

47
00:03:46,150 --> 00:03:48,470
for the spring tree planting program.

48
00:03:49,190 --> 00:03:51,410
Even though these trees would not have a warranty,

49
00:03:51,410 --> 00:03:56,690
again, even if we did have to replace them, it would still be more cost-effective than

50
00:03:56,690 --> 00:03:57,970
proceeding with a different nursery.

51
00:03:58,810 --> 00:04:03,530
I'm just looking for some direction to proceed with St. Tobbe and again for the last

52
00:04:04,070 --> 00:04:04,530
time.

53
00:04:05,170 --> 00:04:12,890
Just one question, so if somebody's tree dies, which happens, as you just said, are we going

54
00:04:12,890 --> 00:04:16,410
to cover the replacement? Because it would be kind of bad if somebody gets a dent tree.

55
00:04:16,890 --> 00:04:18,910
Yes, we would still have to do it.

56
00:04:19,530 --> 00:04:25,150
exactly. And even with those costs, it would still be more cost effective than proceeding with a different nurse.

57
00:04:25,950 --> 00:04:29,730
Sorry if you did already say that, so I'm going to make sure. Thank you.

58
00:04:30,570 --> 00:04:35,850
I kind of look at it too, because I've been following our member when this program started Diane Scott.

59
00:04:36,030 --> 00:04:44,210
You'll remember this with the Gatorbacks that now we use them all the time and the village is able to.

60
00:04:44,210 --> 00:04:47,170
I think he said, for at least the first year,

61
00:04:47,650 --> 00:04:49,710
the village does fill the gator bags

62
00:04:49,710 --> 00:04:53,070
to give the trees a much better chance at surviving,

63
00:04:53,590 --> 00:04:56,250
which is why our failure rate has dropped tremendously.

64
00:04:58,590 --> 00:04:59,430
So, you know, with that,

65
00:05:00,000 --> 00:05:12,540
We didn't have before, so we didn't pay for it. I'm, yeah, say not been as big great. Their prices are consistently lower. I'm sad that they're closing. Yeah, I'm fine with that.

66
00:05:00,370 --> 00:05:02,290
that's because Public Works got creative

67
00:05:02,290 --> 00:05:04,570
and built something to allow us to do that,

68
00:05:04,650 --> 00:05:04,750
which we're gonna do.

69
00:05:15,370 --> 00:05:16,070
Any other questions?

70
00:05:19,040 --> 00:05:19,040
Okay.

71
00:05:21,430 --> 00:05:26,750
I'm for B. Discussion regarding a limited access agreement with the exceed commercial real estate related to the property,

72
00:05:26,750 --> 00:05:28,230
We look at it at 11.07 in Manhattan.

73
00:05:29,410 --> 00:05:36,050
It's also going to go alongside the limited liability agreement with Culver's discussion.

74
00:05:36,790 --> 00:05:37,810
Yeah, so I would say,

75
00:05:46,340 --> 00:05:48,680
forward, I'll do a short conversation on all those issues.

76
00:05:49,500 --> 00:05:54,260
So as you recall, we approved an inducement of resolution the other meeting.

77
00:05:55,600 --> 00:06:02,540
So in furtherance of working through the process, what's being proposed here is allowing

78
00:06:02,540 --> 00:06:10,740
both culvers, the culvers franchisee alleys, and the exceed developer access to the site

79
00:06:10,740 --> 00:06:18,760
to do their geo-tech testing. Basically, one determined get a more definitive understanding

80
00:06:18,760 --> 00:06:26,280
of the potential cost, and also geo-tech understanding where the footings should be properly

81
00:06:26,280 --> 00:06:34,160
place to support the structures. From there, they'll start developing proposed site plans and

82
00:06:34,160 --> 00:06:40,420
everything and as stated earlier, this is where in the due diligence here, there's no binding

83
00:06:40,420 --> 00:06:46,340
agreement, this is just giving them access to do their due diligence plans will be developed

84
00:06:46,340 --> 00:06:52,900
and it will go through all the proper public hearings, public input, et cetera. The second,

85
00:06:52,900 --> 00:06:57,340
So, that's two access agreements, one for culvers, one for exceed.

86
00:06:58,040 --> 00:07:03,160
The third and fourth items are what's called inducement resolution.

87
00:07:05,160 --> 00:07:08,220
So, again, referencing the term sheet.

88
00:07:08,280 --> 00:07:08,860
That was approved.

89
00:07:09,120 --> 00:07:10,180
That's non binding.

90
00:07:11,780 --> 00:07:14,880
In two, in furtherance of this potential project,

91
00:07:14,920 --> 00:07:16,760
they're going to start incurring costs.

92
00:07:17,380 --> 00:07:21,080
And we're not guaranteeing that we'll ever reimburse those

93
00:07:21,080 --> 00:07:41,800
if we enter into a TIF, but we're saying if we do end up executing an RDA, in that event with no obligation to do so, but if we do execute an RDA, that we will recognize these cost being incurred now, his subject to reimbursement, solely in the event we execute an RDA.

94
00:07:41,800 --> 00:07:43,480
What's the Nardia?

95
00:07:43,740 --> 00:07:43,900
Read it.

96
00:07:44,440 --> 00:07:45,220
Read development agreement.

97
00:07:45,680 --> 00:07:46,340
Thank you very much.

98
00:07:48,020 --> 00:07:50,380
So that's, so it's giving them some love.

99
00:07:50,540 --> 00:07:55,600
It's inducing them to expand costs and furtherance of this potential project.

100
00:07:57,160 --> 00:08:00,120
Are there, is that open ended or are there any parameters?

101
00:08:00,900 --> 00:08:01,860
You know, somebody comes up.

102
00:08:01,860 --> 00:08:07,420
So if you read the text, it says, this is, they have no, there's no obligation.

103
00:08:07,420 --> 00:08:15,300
to the village to one create the necessary tiff to enter into the redevelopment agreement, but in the event we

104
00:08:15,300 --> 00:08:23,780
the village does, we will recognize these causes being expanded in further into the project and subject to reimbursement

105
00:08:23,780 --> 00:08:26,900
under the potential redevelopment agreement.

106
00:08:27,900 --> 00:08:28,260
Okay.

107
00:08:28,260 --> 00:08:29,140
These are pretty difficult.

108
00:08:29,320 --> 00:08:30,040
It's out typical.

109
00:08:30,180 --> 00:08:31,140
This is standard.

110
00:08:31,360 --> 00:08:32,080
Yes.

111
00:08:32,080 --> 00:08:39,000
standard, right, because when someone's coming in, there's a lot of work that has to be put

112
00:08:39,000 --> 00:08:45,000
in, prior to the document actually being executed. So we're saying, hey, just, and if you read

113
00:08:45,000 --> 00:08:50,920
the document, it's also saying the village is costs. Yeah. That we are incurring in further

114
00:08:50,920 --> 00:08:56,780
and some of this tip and read about the agreement in the event that's created will be subject

115
00:08:56,780 --> 00:09:02,460
reimbursement also. Sounds good. Thank you. Now as I exceed, doing some of the work for

116
00:09:02,460 --> 00:09:09,160
culvers and they're going to be too separate. So that's what's being worked out now.

117
00:09:09,600 --> 00:09:15,100
Culvers is on at least what they're sharing with us. They want to be on a quicker

118
00:09:15,100 --> 00:09:22,360
timely. But we need to determine through these these site access agreements is

119
00:09:22,360 --> 00:09:30,500
shared driveways, potential water detention, those matters, who's responsible for what, and

120
00:09:30,500 --> 00:09:32,660
how is that going to be laid out?

121
00:09:32,660 --> 00:09:38,840
And then they're going to submit plans for village review and comment, and then as they get

122
00:09:38,840 --> 00:09:43,660
firmed up, they'll go into public comment, review and comment, where they'll be subject

123
00:09:43,660 --> 00:09:47,240
to further review that may result through the public hearings.

124
00:09:47,240 --> 00:09:56,160
So exceed won't be doing some work and then covers are doing the same work and now we

125
00:09:56,160 --> 00:09:58,800
had a reimbursement for two.

126
00:09:59,480 --> 00:10:00,200
No, no.

127
00:10:00,140 --> 00:10:10,560
Alegible cost of the tiff act are incurred by a developer in their reimbursed, once there's no double or triple reimbursements.

128
00:10:00,200 --> 00:10:01,860
So the way different property.

129
00:10:01,900 --> 00:10:04,380
The way redevelopment agreements work is.

130
00:10:13,440 --> 00:10:28,560
So, everything in their, the inducement resolutions are non-binding, it's, they're qualified. In the event we execute an RDA, you cost you incur now to the execution of the RDA, we'll infer the rents of the project.

131
00:10:28,560 --> 00:10:31,220
We'll be considered for reimbursement.

132
00:10:31,600 --> 00:10:37,000
The access agreement is you'll read that and identify us to have to provide evidence

133
00:10:37,000 --> 00:10:43,560
of insurance, the developer as well as the developer's consultants, and they can go on

134
00:10:43,560 --> 00:10:50,960
and do their testing and further into the projects so they can start firming up their plans.

135
00:10:52,980 --> 00:10:54,180
It's a progress slide.

136
00:10:56,400 --> 00:11:01,940
I just have one question just to, and then you said it several times this way, will be considered.

137
00:11:02,360 --> 00:11:07,240
I just wanted to point out that it doesn't necessarily mean that they're going to ask for it,

138
00:11:07,300 --> 00:11:10,360
but it just allows it to be correct, asked for during the idea.

139
00:11:11,900 --> 00:11:17,220
If some unforeseen cost came up is what I am, where I'm going, it'll be considered.

140
00:11:17,680 --> 00:11:19,040
But it's still our time to position.

141
00:11:19,040 --> 00:11:24,220
So it stands to reason, let's say we get to the completion of the project.

142
00:11:24,720 --> 00:11:30,620
We're not agreeing to reimburse all of their costs, we're agreeing to, we would agree to reimburse

143
00:11:30,620 --> 00:11:36,260
a certain percentage of costs. Maybe these costs are part of it of what's being reimbursed,

144
00:11:36,360 --> 00:11:41,820
maybe they're not, that's to be determined through the negotiation of the redevelopment.

145
00:11:42,340 --> 00:11:45,580
Just wanted to clarify that. Thank you. Any questions?

146
00:11:45,580 --> 00:11:46,560
Okay,

147
00:11:49,290 --> 00:11:58,130
I'd have for up discussion regarding a deed and move for closure agreement and settlement agreement related to the properties commonly known as 99 and 99 derby lane in 99 and 32.

148
00:12:03,940 --> 00:12:04,560
Thank you again.

149
00:12:04,960 --> 00:12:10,060
So these are these are the buildings just east of here.

150
00:12:11,420 --> 00:12:19,720
As you know, this is been subject to litigation by the village number of these properties and as we're working our way through it.

151
00:12:19,720 --> 00:12:26,760
We've gotten to a point, the village has incurred costs, and we've leaned the property,

152
00:12:27,900 --> 00:12:34,720
and there are significant to link with Texas through negotiations with the owner.

153
00:12:36,160 --> 00:12:41,940
He's agreed, he and his attorney have agreed to a what's called a deed in lieu of foreclosure.

154
00:12:42,620 --> 00:12:46,160
So in lieu of us foreclosing on our leans that we've recorded on the property,

155
00:12:46,160 --> 00:12:48,680
They will deed the property over to the village.

156
00:12:49,920 --> 00:12:56,420
There's then there's a provision under the Illinois property tax code section 2195 file.

157
00:12:56,640 --> 00:13:00,900
What's called a 2195 letter when you acquire property through it deed and loop.

158
00:13:02,440 --> 00:13:05,020
That wipes all the delinquent taxes.

159
00:13:05,300 --> 00:13:08,840
So we would have clean title for potential future development.

160
00:13:09,540 --> 00:13:10,220
So,

161
00:13:12,820 --> 00:13:17,840
there's significant delinquent taxes on the property, and that's one of the reasons

162
00:13:18,580 --> 00:13:22,060
he's the current owner is agreed to deed it over into the village.

163
00:13:26,060 --> 00:13:31,980
Is that a, is that property tip eligible in the future?

164
00:13:33,300 --> 00:13:33,840
It's interested.

165
00:13:34,300 --> 00:13:35,000
It's interested now.

166
00:13:35,700 --> 00:13:36,560
Oh, it's even better.

167
00:13:36,940 --> 00:13:38,160
What about enterprise?

168
00:13:38,800 --> 00:13:39,160
Enterprise?

169
00:13:40,440 --> 00:13:41,120
So.

170
00:13:41,120 --> 00:13:46,140
I know we're not part of that, but I know there's discussions, and I think that's something

171
00:13:46,140 --> 00:13:52,400
Terrence is pushing that there is potential, it is not.

172
00:13:52,420 --> 00:13:54,320
There's potential, but it is not currently.

173
00:13:56,800 --> 00:13:59,060
So if Terrence is able to work, it's magic.

174
00:14:00,220 --> 00:14:00,840
No pressure.

175
00:14:02,960 --> 00:14:06,980
What would that be an option for this particular property?

176
00:14:07,360 --> 00:14:09,160
Could that be in a, okay?

177
00:14:09,160 --> 00:14:15,460
if it's within the boundaries it's okay but it's not currently yeah I understand okay thank you

178
00:14:15,460 --> 00:14:19,340
the only other thing that I would say and obviously the board knows this but anybody else

179
00:14:19,340 --> 00:14:27,280
I had there so the litigation that turning watch mentioned it's about five properties roughly and we're looking at another

180
00:14:27,280 --> 00:14:33,480
piece of property to potentially do the same thing so we would actually have three that would be part of this

181
00:14:36,420 --> 00:14:39,500
And this is for two properties right now, this is for two right now.

182
00:14:39,540 --> 00:14:42,220
Can this is in the flood zone? Are these two in the flood zone?

183
00:14:42,540 --> 00:14:43,900
Uh-huh.

184
00:14:48,260 --> 00:14:49,600
They're still redevelopable.

185
00:14:50,440 --> 00:14:50,680
Yeah.

186
00:14:51,360 --> 00:14:51,840
Yeah.

187
00:14:52,040 --> 00:14:52,500
Yeah. Yeah. Totally.

188
00:14:52,660 --> 00:14:52,880
Yeah.

189
00:14:53,240 --> 00:14:54,280
Engineers reported that.

190
00:14:54,280 --> 00:14:54,760
I wonder.

191
00:14:55,440 --> 00:14:56,880
That's why we, you know.

192
00:14:57,200 --> 00:14:57,360
Yeah.

193
00:14:58,620 --> 00:15:01,500
It's at a point where the owners not putting any money into it.

194
00:15:00,690 --> 00:15:12,270
We continue to degrade. So we're very concerned in the issue and it's a relatively good outcome.

195
00:15:02,020 --> 00:15:04,820
Because the delinquent taxes is just going to.

196
00:15:12,870 --> 00:15:13,550
Yes, absolutely.

197
00:15:14,930 --> 00:15:16,390
Thank you.

198
00:15:16,790 --> 00:15:18,010
There's a question.

199
00:15:23,930 --> 00:15:24,850
Five old business.

200
00:15:26,990 --> 00:15:27,950
information only?

201
00:15:28,570 --> 00:15:32,750
Just for information we do, and during the closed session we do have two representatives

202
00:15:32,750 --> 00:15:38,110
of some from the CBRE to do the presentation and some of the risks that we're talking

203
00:15:38,110 --> 00:15:40,550
about, too.

204
00:15:41,050 --> 00:15:45,570
Anyway, request for topics for future village board meetings.

205
00:15:47,130 --> 00:15:52,970
I'm going to put it out there again because I think it's important that we revisit this at

206
00:15:52,970 --> 00:15:56,290
point, let's seriously talk about a town hall meeting.

207
00:15:58,030 --> 00:16:03,930
So the residents have asked for, I think, turn blue and face it, back in and

208
00:16:03,930 --> 00:16:04,090
up.

209
00:16:05,230 --> 00:16:13,410
So can we literally come at some point, we're at 20, 20, 20, 20, 20, so, okay, I'm

210
00:16:13,410 --> 00:16:13,790
flickering.

211
00:16:14,370 --> 00:16:14,390
All right.

212
00:16:14,390 --> 00:16:15,410
Thank you.

213
00:16:18,400 --> 00:16:18,860
I mean, they probably,

214
00:16:21,850 --> 00:16:23,170
I don't mean village board comments,

215
00:16:25,660 --> 00:16:27,320
and I am not an executive

216
00:16:27,320 --> 00:16:27,800
session.

217
00:16:29,260 --> 00:16:41,960
I have a question, President Reeve, is there any more status on the senior commission any

218
00:16:41,960 --> 00:16:43,620
what's the update on the interview?

219
00:16:44,860 --> 00:16:48,800
There should be people being brought forward by next meeting.

220
00:16:49,480 --> 00:16:50,960
Can you email me?

221
00:16:51,020 --> 00:16:52,800
I'll search for the people that you interviewed.

222
00:16:53,660 --> 00:16:54,220
Absolutely.

223
00:16:55,660 --> 00:16:56,340
Thank you.

224
00:16:58,030 --> 00:16:59,250
Anything further?

225
00:17:02,990 --> 00:17:03,410
Item 9.

226
00:17:03,590 --> 00:17:04,990
Executive session.

227
00:17:09,810 --> 00:17:11,390
Five ILCS, one section.

228
00:17:11,950 --> 00:17:12,590
One section.

229
00:17:13,370 --> 00:17:13,390
One.

230
00:17:13,490 --> 00:17:13,650
One.

231
00:17:13,650 --> 00:17:13,730
One.

232
00:17:22,850 --> 00:17:23,370
One.

233
00:17:23,370 --> 00:17:27,670
of the public body, or legal counsel for the public body, including hearing testimony and

234
00:17:27,670 --> 00:17:28,010
a complaint.

235
00:17:28,090 --> 00:17:31,790
Logitech against an employee, a specific individual who serves as an independent contractor

236
00:17:31,790 --> 00:17:36,630
in a park recreational or educational setting, or a volunteer of the public body against

237
00:17:36,630 --> 00:17:39,030
legal counsel for the public body to determine its validity.

238
00:17:40,110 --> 00:17:45,690
Five ILCS, 126, the setting of a price, court sale or lease a property owned by the

239
00:17:45,690 --> 00:17:52,670
public body, and item 9C litigation when an action against affecting or on behalf of the public

240
00:17:52,670 --> 00:17:56,090
the party has been filed in this painting before a court or administrative tribunal.

241
00:17:56,390 --> 00:17:58,970
One of the public body finds that an accident is probable or an imminent.

242
00:17:59,610 --> 00:18:03,410
In which case the basis for the findings should be recorded in an entered in the minutes of the closed meeting.

243
00:18:03,710 --> 00:18:05,550
Do I have a motion in a second to enter a closed session?

244
00:18:05,950 --> 00:18:06,290
So moved.

245
00:18:06,410 --> 00:18:07,470
Thank you.

246
00:18:07,790 --> 00:18:08,430
We'll call please.

247
00:18:09,610 --> 00:18:10,490
Trustee Jones.

248
00:18:11,490 --> 00:18:12,310
Trustee Slavin.

249
00:18:13,030 --> 00:18:13,770
Trustee Cross.

250
00:18:15,190 --> 00:18:15,370
Aye.

251
00:18:16,070 --> 00:18:16,630
Trustee Man.

252
00:18:17,710 --> 00:18:18,330
Trustee Bennie.

253
00:18:19,610 --> 00:18:19,850
Aye.

254
00:18:20,370 --> 00:18:20,730
President Reborn.

255
00:18:21,290 --> 00:18:25,490
You say that you're in 730 with no further action to be taken.