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HomeMy WebLinkAboutMinutes - 03/27/2012 - Board of Trustees (2) MINUTES OF THE MARCH 27, 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 Closed Meeting of March 27, 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 8:43 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, Trustee Elaine Zannis ABSENT: IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant Village Manager Blaine Wing, Attorney Keri-Lyn Krafthefer 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. – Litigation Cases • Stevens Case • Jacobs Case • Harris Case • Garrigan Case Attorney Krafthefer updated the Board on the matters above and discussed an unfair labor practice filed by the fire union as a result of the compensation time policy and stated that she has received correspondence from the Labor Board which states that the Village’s response is due April 16th and that the Labor Board will continue to investigate the matter. Attorney Krafthefer first discussed the Garrigan PSEBA case and that he had previously received an in the line of duty disability and that the current case is in the middle of discovery, with a status hearing on June 6th. Discussion ensued regarding the history of this case and whether this is a catastrophic condition. Assistant Village Manager Wing affirmed that none of the individuals in these PSEBA cases are currently working. Next, Attorney Krafthefer discussed the Harris PSEBA case where he alleges that he sustained cumulative injuries so they will be looking closely at the workers’ compensation files to see how the injuries occurred and that there is still a lot of discovery to do; she stated that this case is also up for status on June 6th. Attorney Krafthefer then discussed the Jacobs PSEBA matter where he sustained many injuries over the course of his employment and is now claiming additional injuries. She stated that this is the most fast-tracked case because there is a trial date on May 29th She stated that there is a significant causation issue with some of these injuries and that they may have some proof problems and expect to have settlement discussions with the Plaintiff’s attorney. Attorney Krafthefer advised discussing this matter in a future closed session to discuss/request settlement authority. In regard to the proof problem, she stated that there are a lot of injuries which he has sustained in the line of duty, but will need to determine whether or not they are Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 4 March 27, 2012 considered catastrophic and whether the injuries he has now are related. She also stated that they could have a problem with the previous findings in the pension cases with respect to the disability Jacobs has and that there are experts for the Village who believe that a lot of these injuries are degenerative. She discussed that at least one opinion states that the two major injuries that he is claiming really do not have an impact on his condition, but there are other components involved. Attorney Krafthefer affirmed that rather than going through a lengthy process where there might be proof problems, it might be advisable to settle. Village Attorney Friedman clarified that the court’s interpretation of catastrophic is very broad. Attorney Krafthefer explained the circumstances and history of the Stevens’ case and the relation to IMRF benefits and the current status. She stated that the Plaintiff’s attorney has offered to settle the remaining claims for $50,000, which would be in addition to letting the judgment stand for the full amount of the pension, which would represent his attorney’s fees. She discussed determining the likelihood of the Village winning an appeal of the judgment and the liability of other future claimants in the same situation and arguments which could be utilized, such as the statute of limitations and service credit. Village Manager Niemeyer discussed the reason for Stevens not to have addressed this years ago because the Village Manager then allegedly told Stevens he was not eligible for IMRF benefits. Attorney Krafthefer stated that if the Village settles and the judgment stands, it will amount to about $320,000 being paid out to Stevens over his lifetime. Discussion ensued regarding whether to proceed with the appeal or to settle. Attorney Krafthefer recommended proceeded with the appeal and consensus was given to do so. Assistant Village Manager Wing stated that all part-time positions now are being labeled as non- IMRF and that the records are digitized so that this issue will not reoccur. Attorney Krafthefer exited the meeting at approximately 9:07 p.m. B. IMRF SLEP issue Village Attorney Friedman stated that the appeal with IMRF was filed today and stated that the process is that they will set the matter for a hearing before the benefit review committee, to take place probably in May or June at the earliest. He stated that the benefit review committee hearings are informal and take place the day before the IMRF board meeting so that the committee makes a recommendation which is discussed/decided by the board the next day. C. Water Main Replacement Project Public Works/Engineering Director Mike Hullihan entered the meeting at approximately 9:10 p.m. Village Manager Niemeyer discussed the details of this issue in regard to the low bidder and that contractual choices are needed. Village Attorney Friedman clarified that the reasoning for discussing this in closed session is because of the potential for litigation and affirmed that the Village has the authority to not award a contract to any contractor who does not provide a complete and truthful answer in regard to a reference check and there is authority to go with the low bidder or the second low bidder. Trustee Zannis expressed concerns about the engineering firms which have consistently dealt with the Village. Public Works/Engineering Director Hullihan discussed the reference checks. Discussion ensued regarding the Board approving multiple engineers to do work in the Village. Village Manager Niemeyer stated that getting any engineer to basically write a letter not recommending a contractor in future change orders is serious and not something that happens in the norm, so it is taken seriously when something is received like that. He stated that the concern was that it appeared to be a purposeful error of admission. He also discussed the process of choosing engineers and that Christopher Burke was only hired about a year ago, but have used diverse engineering firms. Trustee Wolin affirmed this and discussed the reasons for choosing Burke. Discussion ensued regarding Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 4 March 27, 2012 which bidder to go with and also change orders and making contracts more restrictive. Meeting recessed at 9:20 p.m. and reconvened at 9:34 p.m. Further discussion ensued and it was brought out that Vian stated they had worked in the Ginger Creek area and that this issue was a personal conflict between the contractor and the site engineer. Consensus to go with the lowest bidder. Public Works/Engineering Director Hullihan exited the meeting at approximately 9:41 p.m. 4. THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OR SPECIFIC EMPLOYEES OF THE PUBLIC BODY OR LEGAL COUNSEL FOR THE PUBLIC BODY PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Deputy Police Chief Position Police Chief James Kruger entered the meeting at approximately 9:41 p.m. Police Chief Kruger informed the Board that after a lot of deliberation and evaluation of the command staff, he has made the decision to promote Jason Cates to Deputy Chief of Police. He stated that he has also looked at revamping the organization from a three-division structure to a two-division structure with the two remaining Commanders being Division Commanders in charge of various aspects of the organization: one Commander basically in charge of Patrol Operations and the other Commander would be in charge of Support Services – records, investigations and serve as the liaison with DuComm as part of that process. He also explained the reason for the name change from Police Lieutenant to Police Commander. 5. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Contract Negotiations Update Assistant Village Manager W ing updated the Board with a summary of the union’s proposal and outlined three economic components – salary, hours of work and sick leave, and that the union is looking for a $2,500 (basically 3%) adjustment to the current salary range, in addition to at the 6-month window, starting 1/1/12, a 2.5% increase and then a 1% increase – 6.5% total. He stated that over 2013 they are looking for a $1,000 adjustment (1%) – 4.5% - and the same for 2014. He stated that the union is seeking to maintain the current merit structure of 0-2-3-4 and that he is seeking to move to 0-2.5-3.5 like the fire union. Assistant Village Manager Wing further stated that the union is seeking twelve-hour shifts and a paid lunch and go off service. He also explained that the union also wants to transfer the Chief’s power to transfer employees except for emergencies and the union also wants to double their unused sick leave up to 50% after twenty years of service. Trustees Moy and Aktipis discussed their impressions of the March 8th negotiations’ meeting and discussion ensued regarding the union proposal. Assistant Village Manager Wing stated that he was seeking the following authority: to extend the contract to 2014 and up to the authority for 2.5% for each of the three years; decreasing the merit level in 2013 and 2014 for a phased-in approach; and Chief Kruger discussed paying the extra four hours from the twelve-hour shifts out at regular time. Discussion ensued regarding comparison of pension costs and over-time savings between eight, ten and twelve hour shifts and the relation to staffing levels. Discussion ensued regarding contract re-openers regarding economic components. Village Manager Niemeyer cautioned that the language should be strong enough to adjust the shifts if performance measures and benchmarks are decreased from the eight-hour shifts. Insurance contributions and different options were also discussed. Assistant Village Manager Wing confirmed that he is not seeking any new authority on the Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 4 March 27, 2012 health insurance or sick leave components at this time. Consensus to authorize the authority discussed above. Police Chief James Kruger exited the meeting at approximately 10:10 p.m. 6. TO CONSIDER THE PURCHASE OR LEASE OF REAL PROPERTY FOR THE USE OF THE PUBLIC BODY, INCLUDING MEETINGS HELD FOR THE PURPOSE OF DISCUSSING WHETHER A PARTICULAR PARCEL SHOULD BE ACQUIRED (2C5) A. 35th Street and Route 83 Property (Westmont Billboard Issue) Village Manager Niemeyer updated the Board with this issue in regarding to the threat of a billboard and the appraisal. Discussion ensued regarding the possible purchase of the parcel and majority consensus to pursue this purchase. 7. ADJOURNMENT Motion by Trustee Zannis, seconded by Trustee Manzo, to adjourn the Closed Meeting and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:18 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 4 of 4 March 27, 2012