[0:00] May 6, the time is 7-12, can I please say, we're welcome.

[0:04] Trustee Marzano, Trustee Cross, Trustee Slavic, President, Trustee Jones, Trustee Van, President, Trustee Benley,

[0:15] President, President, President, President.

[0:20] roll call to allow remote attendance.

[0:27] So we've been like that again.

[0:30] Roll calls.

[0:30] So see, Marzau.

[0:32] Hi.

[0:32] Trustee Cross.

[0:33] I just see, please.

[0:34] I just see Jones.

[0:35] I just see Van.

[0:37] Hi.

[0:39] In three public comments, same rules apply.

[0:48] Through Moya.

[0:49] I have received one fee.

[1:23] I would hope that as trustees think you're an apple, the record you think is to find

[1:32] a word to walk the right to the word, was it necessary for the tremendous amount of

[1:40] I think that you need to make sure that you find everything that you find for you.

[2:07] Thank you. Anyone else?

[2:12] Okay, new business for a discussion regarding the 2020-26 Spring Tree Planning Program.

[2:17] Yes.

[2:18] Yes.

[2:18] So this item is similar to the fall tree planting programs that we just had where the village board approved,

[2:26] waving bids to proceed with St. Auburn after staff compared pricing between St. Auburn and six other nurseries,

[2:34] and St. Auburn was the most cost effective.

[2:37] That is still true for this spring.

[2:39] However, unfortunately, after the spring, St. Auburn

[2:43] is going to be closing.

[2:44] We've been using them successfully for more than 20 years,

[2:48] so that is a bummer.

[2:50] But with that, they will not be able to offer a warranty

[2:53] on the trees that we plant in the spring.

[2:56] However, historically, we've had about a 10%

[3:01] failure rate, which reads that are planted.

[3:04] We're looking at planting about 100 trees in the spring,

[3:07] so you would estimate 10 around 10 trees that would not take.

[3:13] So even with those replacement costs

[3:15] factored in, St. Abin would still be the most affordable for reference

[3:20] in 2025 with the Spring and Fall planting program.

[3:23] The village planted over 200 trees.

[3:26] The total cost through St. Abon was about $74,000.

[3:32] The same planting through the suburban tree consortium,

[3:36] which includes those six nurseries I mentioned,

[3:38] would have resulted in a total cost of just over $90,000.

[3:43] So Steptas recommends still proceeding with St. Abon

[3:46] for the spring tree planting program.

[3:49] Even though these trees would not have a warranty,

[3:51] again, even if we did have to replace them, it would still be more cost-effective than

[3:56] proceeding with a different nursery.

[3:58] I'm just looking for some direction to proceed with St. Tobbe and again for the last

[4:04] time.

[4:05] Just one question, so if somebody's tree dies, which happens, as you just said, are we going

[4:12] to cover the replacement? Because it would be kind of bad if somebody gets a dent tree.

[4:16] Yes, we would still have to do it.

[4:19] exactly. And even with those costs, it would still be more cost effective than proceeding with a different nurse.

[4:25] Sorry if you did already say that, so I'm going to make sure. Thank you.

[4:30] I kind of look at it too, because I've been following our member when this program started Diane Scott.

[4:36] You'll remember this with the Gatorbacks that now we use them all the time and the village is able to.

[4:44] I think he said, for at least the first year,

[4:47] the village does fill the gator bags

[4:49] to give the trees a much better chance at surviving,

[4:53] which is why our failure rate has dropped tremendously.

[4:58] So, you know, with that,

[5:00] 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.

[5:00] that's because Public Works got creative

[5:02] and built something to allow us to do that,

[5:04] which we're gonna do.

[5:15] Any other questions?

[5:19] Okay.

[5:21] I'm for B. Discussion regarding a limited access agreement with the exceed commercial real estate related to the property,

[5:26] We look at it at 11.07 in Manhattan.

[5:29] It's also going to go alongside the limited liability agreement with Culver's discussion.

[5:36] Yeah, so I would say,

[5:46] forward, I'll do a short conversation on all those issues.

[5:49] So as you recall, we approved an inducement of resolution the other meeting.

[5:55] So in furtherance of working through the process, what's being proposed here is allowing

[6:02] both culvers, the culvers franchisee alleys, and the exceed developer access to the site

[6:10] to do their geo-tech testing. Basically, one determined get a more definitive understanding

[6:18] of the potential cost, and also geo-tech understanding where the footings should be properly

[6:26] place to support the structures. From there, they'll start developing proposed site plans and

[6:34] everything and as stated earlier, this is where in the due diligence here, there's no binding

[6:40] agreement, this is just giving them access to do their due diligence plans will be developed

[6:46] and it will go through all the proper public hearings, public input, et cetera. The second,

[6:52] So, that's two access agreements, one for culvers, one for exceed.

[6:58] The third and fourth items are what's called inducement resolution.

[7:05] So, again, referencing the term sheet.

[7:08] That was approved.

[7:09] That's non binding.

[7:11] In two, in furtherance of this potential project,

[7:14] they're going to start incurring costs.

[7:17] And we're not guaranteeing that we'll ever reimburse those

[7:21] 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.

[7:41] What's the Nardia?

[7:43] Read it.

[7:44] Read development agreement.

[7:45] Thank you very much.

[7:48] So that's, so it's giving them some love.

[7:50] It's inducing them to expand costs and furtherance of this potential project.

[7:57] Are there, is that open ended or are there any parameters?

[8:00] You know, somebody comes up.

[8:01] So if you read the text, it says, this is, they have no, there's no obligation.

[8:07] to the village to one create the necessary tiff to enter into the redevelopment agreement, but in the event we

[8:15] the village does, we will recognize these causes being expanded in further into the project and subject to reimbursement

[8:23] under the potential redevelopment agreement.

[8:27] Okay.

[8:28] These are pretty difficult.

[8:29] It's out typical.

[8:30] This is standard.

[8:31] Yes.

[8:32] standard, right, because when someone's coming in, there's a lot of work that has to be put

[8:39] in, prior to the document actually being executed. So we're saying, hey, just, and if you read

[8:45] the document, it's also saying the village is costs. Yeah. That we are incurring in further

[8:50] and some of this tip and read about the agreement in the event that's created will be subject

[8:56] reimbursement also. Sounds good. Thank you. Now as I exceed, doing some of the work for

[9:02] culvers and they're going to be too separate. So that's what's being worked out now.

[9:09] Culvers is on at least what they're sharing with us. They want to be on a quicker

[9:15] timely. But we need to determine through these these site access agreements is

[9:22] shared driveways, potential water detention, those matters, who's responsible for what, and

[9:30] how is that going to be laid out?

[9:32] And then they're going to submit plans for village review and comment, and then as they get

[9:38] firmed up, they'll go into public comment, review and comment, where they'll be subject

[9:43] to further review that may result through the public hearings.

[9:47] So exceed won't be doing some work and then covers are doing the same work and now we

[9:56] had a reimbursement for two.

[9:59] No, no.

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

[10:00] So the way different property.

[10:01] The way redevelopment agreements work is.

[10:13] 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.

[10:28] We'll be considered for reimbursement.

[10:31] The access agreement is you'll read that and identify us to have to provide evidence

[10:37] of insurance, the developer as well as the developer's consultants, and they can go on

[10:43] and do their testing and further into the projects so they can start firming up their plans.

[10:52] It's a progress slide.

[10:56] I just have one question just to, and then you said it several times this way, will be considered.

[11:02] I just wanted to point out that it doesn't necessarily mean that they're going to ask for it,

[11:07] but it just allows it to be correct, asked for during the idea.

[11:11] If some unforeseen cost came up is what I am, where I'm going, it'll be considered.

[11:17] But it's still our time to position.

[11:19] So it stands to reason, let's say we get to the completion of the project.

[11:24] We're not agreeing to reimburse all of their costs, we're agreeing to, we would agree to reimburse

[11:30] a certain percentage of costs. Maybe these costs are part of it of what's being reimbursed,

[11:36] maybe they're not, that's to be determined through the negotiation of the redevelopment.

[11:42] Just wanted to clarify that. Thank you. Any questions?

[11:45] Okay,

[11:49] 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.

[12:03] Thank you again.

[12:04] So these are these are the buildings just east of here.

[12:11] 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.

[12:19] We've gotten to a point, the village has incurred costs, and we've leaned the property,

[12:27] and there are significant to link with Texas through negotiations with the owner.

[12:36] He's agreed, he and his attorney have agreed to a what's called a deed in lieu of foreclosure.

[12:42] So in lieu of us foreclosing on our leans that we've recorded on the property,

[12:46] They will deed the property over to the village.

[12:49] There's then there's a provision under the Illinois property tax code section 2195 file.

[12:56] What's called a 2195 letter when you acquire property through it deed and loop.

[13:02] That wipes all the delinquent taxes.

[13:05] So we would have clean title for potential future development.

[13:09] So,

[13:12] there's significant delinquent taxes on the property, and that's one of the reasons

[13:18] he's the current owner is agreed to deed it over into the village.

[13:26] Is that a, is that property tip eligible in the future?

[13:33] It's interested.

[13:34] It's interested now.

[13:35] Oh, it's even better.

[13:36] What about enterprise?

[13:38] Enterprise?

[13:40] So.

[13:41] I know we're not part of that, but I know there's discussions, and I think that's something

[13:46] Terrence is pushing that there is potential, it is not.

[13:52] There's potential, but it is not currently.

[13:56] So if Terrence is able to work, it's magic.

[14:00] No pressure.

[14:02] What would that be an option for this particular property?

[14:07] Could that be in a, okay?

[14:09] if it's within the boundaries it's okay but it's not currently yeah I understand okay thank you

[14:15] the only other thing that I would say and obviously the board knows this but anybody else

[14:19] I had there so the litigation that turning watch mentioned it's about five properties roughly and we're looking at another

[14:27] piece of property to potentially do the same thing so we would actually have three that would be part of this

[14:36] And this is for two properties right now, this is for two right now.

[14:39] Can this is in the flood zone? Are these two in the flood zone?

[14:42] Uh-huh.

[14:48] They're still redevelopable.

[14:50] Yeah.

[14:51] Yeah.

[14:52] Yeah. Yeah. Totally.

[14:52] Yeah.

[14:53] Engineers reported that.

[14:54] I wonder.

[14:55] That's why we, you know.

[14:57] Yeah.

[14:58] It's at a point where the owners not putting any money into it.

[15:00] We continue to degrade. So we're very concerned in the issue and it's a relatively good outcome.

[15:02] Because the delinquent taxes is just going to.

[15:12] Yes, absolutely.

[15:14] Thank you.

[15:16] There's a question.

[15:23] Five old business.

[15:26] information only?

[15:28] Just for information we do, and during the closed session we do have two representatives

[15:32] of some from the CBRE to do the presentation and some of the risks that we're talking

[15:38] about, too.

[15:41] Anyway, request for topics for future village board meetings.

[15:47] I'm going to put it out there again because I think it's important that we revisit this at

[15:52] point, let's seriously talk about a town hall meeting.

[15:58] So the residents have asked for, I think, turn blue and face it, back in and

[16:03] up.

[16:05] So can we literally come at some point, we're at 20, 20, 20, 20, 20, so, okay, I'm

[16:13] flickering.

[16:14] All right.

[16:14] Thank you.

[16:18] I mean, they probably,

[16:21] I don't mean village board comments,

[16:25] and I am not an executive

[16:27] session.

[16:29] I have a question, President Reeve, is there any more status on the senior commission any

[16:41] what's the update on the interview?

[16:44] There should be people being brought forward by next meeting.

[16:49] Can you email me?

[16:51] I'll search for the people that you interviewed.

[16:53] Absolutely.

[16:55] Thank you.

[16:58] Anything further?

[17:02] Item 9.

[17:03] Executive session.

[17:09] Five ILCS, one section.

[17:11] One section.

[17:13] One.

[17:22] One.

[17:23] of the public body, or legal counsel for the public body, including hearing testimony and

[17:27] a complaint.

[17:28] Logitech against an employee, a specific individual who serves as an independent contractor

[17:31] in a park recreational or educational setting, or a volunteer of the public body against

[17:36] legal counsel for the public body to determine its validity.

[17:40] Five ILCS, 126, the setting of a price, court sale or lease a property owned by the

[17:45] public body, and item 9C litigation when an action against affecting or on behalf of the public

[17:52] the party has been filed in this painting before a court or administrative tribunal.

[17:56] One of the public body finds that an accident is probable or an imminent.

[17:59] In which case the basis for the findings should be recorded in an entered in the minutes of the closed meeting.

[18:03] Do I have a motion in a second to enter a closed session?

[18:05] So moved.

[18:06] Thank you.

[18:07] We'll call please.

[18:09] Trustee Jones.

[18:11] Trustee Slavin.

[18:13] Trustee Cross.

[18:15] Aye.

[18:16] Trustee Man.

[18:17] Trustee Bennie.

[18:19] Aye.

[18:20] President Reborn.

[18:21] You say that you're in 730 with no further action to be taken.

Committee of the Whole

Agenda

Transcript