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HomeMy WebLinkAboutMinutes - 02/28/2012 - Board of Trustees (2) MINUTES OF THE FEBRUARY 28, 2012 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 14, 2013. 1. CALL TO ORDER The Regular Closed Meeting of January 10, 2012 of the Village Board of Trustees was called to order by President Gopal G. Lalmalani in the Upper Level Conference Room of the Butler Government Center at 8:12 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal G. Lalmalani, Trustee Stelios Aktipis, Trustee Michael Manzo, Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf and Trustee Elaine Zannis ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman, Village Attorney Benjamin Schuster, and Police Chief Jim Kruger 3. SECURITY PROCEDURES AND THE USE OF PERSONNEL AND EQUIPMENT TO RESPOND TO AN ACTUAL, A THREATENED, OR A REASONABLY POTENTIAL DANGER TO THE SAFETY OF EMPLOYEES, STUDENTS, STAFF, THE PUBLIC, OR PUBLIC PROPERTY (2C8) A. Security Police Chief Kruger discussed that he had been contacted by McDonald’s Corporation informing him that a demonstration is planned by Rising Tides North America, an anti-business, anti- government organization, in front of member businesses of the American Legislative Exchange Council (ALEC) for tomorrow, February 29th. He stated that police command have been working with McDonald’s security and that he has also called on the Northern Illinois Police Alarm System (NIPAS) to assist at the McDonald’s corporate headquarters, plaza and the store. He stated that McDonald’s and the Police Department are taking it seriously even though the demonstrations may only take place in Chicago. Chief Kruger informed the Board that this matter also relates to preparation for the NATO/G-8 Summit because these subversive groups have been video-taping every event they attend and taping police and security tactics. He stated that the police department is working very hard with all the law enforcement partners to be prepared for NATO/G-8 and that there is some intelligence that some of the demonstrators are going to be coming to the suburbs instead of Chicago because of the past issues in Chicago. He discussed issues with communication with Chicago and affirmed that there would be no reciprocal coverage with Chicago. In regard to February 29th, he stated that there will be extra police personnel on staff as well as all command staff being present at 6:30 a.m. to work with McDonald’s security. He cautioned against bringing up the websites for the subversive groups from corporations or government offices because these groups attempt to track down the IP addresses and shut down the companies or government entities. 4. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Contract Negotiations Assistant Village Manager Wing updated the Board on his recent meeting with the police union and stated that the union rejected the Village’s second Off-The-Record Proposal because the team felt they needed to negotiate instead of just accepting the offer. He stated that the union is Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 February 28, 2012 requesting the following: a retirement health savings account; some schedule posting change; having the Village President and a Trustee attend future negotiation meetings; a three-year agreement – 2012, 2013, 2014, a $5,000 market adjustment per member going back to January 1, 2011; a salary increase every six months – 2.5% retroactive to January 1, 2012, 1% July 1, 2012, to repeat in 2013 and 2014; increase in sick leave pay-out at retirement from 25% to 50%; and to include twelve hour shifts in the agreement instead of a side letter. He suggested offering: 2.5% for 2012, then 2% for 2013; reducing performance increases; reducing compensation time overall limits and the time for using it to reduce the Village’s liability; increase the employee’s cost-sharing for health insurance; dropping the signing bonus in addition to using a federal mediator. Discussion ensued regarding these issues and that the Trustee liaisons for police should attend the negotiation meetings. 5. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Westmont Park District Litigation This matter was discussed immediately after Agenda Item 5.D. Community Development Director Robert Kallien entered the room at approximately 8:52 p.m. Village Attorney Friedman stated that the Westmont Park District filed a “quo warranto” action, which asks by what jurisdiction is authority being exercised in a matter under dispute. He stated that they are challenging the Village’s revocation of disconnection of the “S-Curve” property and he discussed the twenty-year old reconfiguration covenant agreement with the Butler family wherein the property is to be used for passive park purposes, as well as the Board disconnection actions. He discussed that the revocation of the disconnection should have been done with the Westmont Park District’s consent. He stated that the Butlers are willing to send a letter regarding enforcing the covenant. Village Attorney Friedman discussed strategies in handling the dispute. Discussion ensued among those present. Village Attorney Friedman affirmed that the litigation is only whether the property is in the Village or in unincorporated DuPage County and that it does not involve the covenant at all; he stated that the Village does not have the right to enforce the covenant, only the Butlers have that right. B. Bronswood Cemetery Mausoleum Village Manager Niemeyer discussed Community Development Director Kallien detailed memorandum and the specifically that the Village has not historically enforced the setback regulations in cemeteries and that other mausoleums which do not strictly follow the Village Code. He discussed the threats of litigation at a recent Plan Commission meeting and that the Feldmans are going to very generous as far as screening landscaping. Discussion ensued regarding this issue. Village Attorney Friedman stated that an extremely technical view of the Village’s Zoning Code the mausoleum is a structure and structures requires permits and have to be set back, but the Village has never enforced the Code against these structures. Discussion ensued regarding regulating these structures for the future. In response to a question posed regarding chances of losing any litigation regarding this matter, Village Attorney Friedman stated that the chances of losing would be slim because the Village has been very consistent in not regulating structures in the cemetery. Community Director Kallien stated that the cemetery board granted “variances” in regard to the mausoleums and that the current structure was approved by the cemetery board. He further stated the Plan Commission is going to complete its review of the matter at the meeting on the third Monday in March and anticipates recommendations. He informed the Board that the Feldmans have offered to enhance the landscaping not only around their structure, but also on the public property. Lengthy discussion ensued regarding whether there should be regulations regarding cemetery structures. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 February 28, 2012 C. Stevens v. Oak Brook Village Manager Niemeyer stated that the Village has received another offer – paying out all the pension plus $50,000 in attorney’s fees. No agreement to accept this offer. D. Towing Issue This matter was discussed immediately after Agenda Item 5.E. Village Manager Niemeyer discussed towing issues in the past in relation to Great Lakes Towing and potential illegal activity. Chief Kruger exited the meeting at approximately 8:52 p.m. E. Recent Lawsuit – SKY Bar, Iwona Burnat, Thomas Sheahan and John Craig This matter was discussed immediately after Agenda Item 4.A. Village Attorney Friedman discussed that the judge dismissed the case at the status hearing because no one had been served and the Plaintiffs’ counsel did not appear for the status hearing. He stated that the Plaintiffs have thirty days to file a Motion to Reinstate the case and/or amend the Complaint and after that they would have to start over. He discussed the reasons for this and that the Village’s best position is to lay low and wait it out. 6. DISCUSSION OF MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THIS ACT, WHETHER FOR PURPOSES OF APPROVAL BY THE BODY OF THE MINUTES OR SEMI- ANNUAL REVIEW OF THE MINUTES AS MANDATED BY SECTION 2.06 (2C21) A. Release of Closed Meeting Minutes to the General Public Village Attorney Friedman stated that there are a number of closed meeting minutes which will be appearing on agendas and that they need to be approved. He discussed that in closed session, the closed session minutes may be reviewed and affirmed that the Board desires to reconvene to open session to approve them. He stated that once closed session minutes are approved, the Board is required to review them every six months to decide whether they should be released. 7. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Wolin, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 9:39 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 February 28, 2012