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HomeMy WebLinkAboutMinutes - 07/13/2010 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 3 July 13, 2010 MINUTES OF THE JULY 13, 2010 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD ON 1. CALL TO ORDER The Closed Meeting of July 13, 2010 of the Village Board of Trustees was called to order by President Craig in the Upper Level Conference Room of the Butler Government Center at 9:48 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John Craig, Trustee Stelios Aktipis, Trustee James Carson, Trustee Mark Moy, Trustee Moin Saiyed, Trustee Gerald Wolin and Trustee Elaine Zannis ABSENT: None IN ATTENDANCE: Village Manager David Niemeyer, Village Attorney Mark Sterk, Assistant Village Manager Blaine Wing and Community Development Director Robert Kallien 3. THE PURCHASE OR LEASE OF REAL PROPERTY FOR USE OF THE PUBLIC BODY, INCLUDING MEETINGS HELD FOR THE PURPOSE OF DISCUSSION WHETHER A PARTICULAR PARCEL SHOULD BE ACQUIRED (2C5). A) York/Roosevelt Road Development Village Manager Niemeyer explained about a development proposal wanting property in unincorporated York Township; he stated that they want assistance for acquiring 4 acres of property from the DuPage County Forest Preserve District and annex into the Village. He stated that this would be very controversial and would not be in the best interests of the Village. Discussion ensued regarding this proposal. Community Director Kallien stated that the biggest problem would be the access to the property. Consensus to decline pursuing this proposal. B) Economic Development Idea Village Manager Niemeyer stated that he and Community Development Director Kallien have been discussing the idea of creating a riverwalk-type development along Salt Creek River to give Oak Brook more of a community meeting place. He stated that they have been looking at the east side of 22nd Street to the tollway (from Clearwater east to the river) and there is only one property owner involved, the DuPage County Forest Preserve District. President Craig explained that there could be restaurants, shops, gondola rides and would include sales tax revenue. Discussion ensued regarding this idea. Community Development Director Kallien provided some information regarding the Naperville Riverwalk. He stated that there are a lot of ways to plan for a development like this and that several entities would be involved. Trustee Wolin brought up the issue of the floodplain and DuPage County's remapping of same. Village Manager Niemeyer stated that the next step would be to meet with Rich Hitchcock, whose company developed the Naperville Riverwalk. Village Manager Niemeyer stated that the biggest obstacle to overcome before development could begin would the land acquisition issues. Consensus to consider the idea, with attention to the floodplain map. Community Director Kallien exits the meeting at approximately 10:14 p.m. 4. TO CONSIDER LITIGATION, WHEN AN ACTION AGAINST, AFFECTING OR ON BEHALF OF THE VILLAGE HAS BEEN FILED AND IS PENDING BEFORE A COURT OR DMINISTRATIVE TRIBUNAL, OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR Village of Oak Brook Closed Meeting Minutes Page 2 of 3 July 13, 2010 IMMINENT (2C11) A) NAUS Case Update Assistant Village Manager Wing updated the Board on a recent ruling against the Village by Judge Wheaton in this PEDA claim. Assistant Village Manager Wing explained the choices of going to trial on this matter or settling for the case approximately $15,000. Village Attorney Sterk explained the costs of going to trial. Discussion regarding chances of winning at trial, the strength of the case and setting a precedent for settlements. Consensus to pursue the case to trial. B) Salazar Litigation Village Attorney Sterk discussed the Salazar litigation cemetery matter. He stated that the Plaintiffs are requesting the use of Public Works' equipment to remediate the situation. Consensus to allow the loan of the equipment with Village Public Works' employees operating the equipment. C) Mucha Litigation Village Attorney Sterk reminded the Board that this litigation was broken into two parts, a State case and a Federal case and that the Federal case had been won by the Village in the Spring. He stated that IRMA defended on all Counts. He stated that the Federal case was dismissed and the State case was moved to DuPage County where Judge Wheaton upheld Mucha's termination by the Oak Brook Board of Fire and Police Commissioners. Both the Federal and State cases are being appealed, but he and Village Manager Niemeyer met with a Federal mediator for a settlement conference. He stated that Mucha's settlement request was $250,000 plus serviceable credit of about six months so that he can become pension eligible. Village Attorney Sterk stated that they discussed a settlement offer of $25,000, if IRMA would pay $12,500 and the Board would approve the Village paying $12,500. Consensus for the Village not to offer anything in settlement. 5. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS BETWEEN THE PUBLIC BODY AND ITS EMPLOYEES OR THEIR REPRESENTATIVES, OR DELIBERATIONS CONCERNING SALARY SCHEDULES FOR ONE OR MORE CLASSES OF EMPLOYEES (2C2) A) Public Works Union (Local 150) Village Attorney Sterk discussed the issue of whether the department secretary should be part of the union. He stated that the union proposed that if the Village agrees to keep the individual in the department secretary position until May, 2012, they would agree to permanently exclude her position from the bargaining unit, in addition to the secretary going from 35 to 40 hours. He stated that if the Village does not agree, then the Village would have to go to hearing on inclusion of her position. He stated that since the secretary does not perform any management duties which could exclude her from the bargaining unit, that she answers the phone and dispatches work, the Village would probably lose on this issue. He stated that in order for her to fit the management exclusion criteria, the Village management would have to create work for her to do. Village Attorney Sterk stated the position could not be abolished for economic reasons and she could not be laid off or terminated for other than performance issues. Consensus to agree to the union's proposal. Village Attorney Sterk agreed to draft a document for the Board to ratify at the next open meeting. B) Fire Department Staffing President Craig discussed an idea of offering eligible firefighters early retirement, not replacing Village of Oak Brook Closed Meeting Minutes Page 3 of 3 July 13, 2010 them, but offering these firefighters first chance of paid on-call status in order to reduce the minimum complement of firefighters in the contract. Village Attorney Sterk discussed how this idea might figure in the current negotiations. Consensus to consider this proposal. In response to an inquiry, Village Attorney Sterk commented that the Federal mediator contacted Assistant Village Manager Wing requesting that both sides of the police contract negotiations meet again to see if there is agreement to go forward. 6. TO DISCUSS MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THE OPEN MEETINGS ACT, WHETHER FOR THE PURPOSE OF APPROVAL BY THE BODY OF THE MINUTES, OR FOR SEMI-ANNUAL REVIEW OF THE MINUTES AS REQUIRED BY THE OPEN MEETINGS ACT (2C21) A) Closed Meeting of July 14, 2009 B) Closed Meeting of September 8, 2009 C) Closed Meeting of October 13, 2009 D) Closed Meeting of October 27, 2009 E) Closed Meeting of November 10, 2009 F) Closed Meeting of December 1, 2009 Consensus to accept the above Minutes as presented. 7. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Aktipis, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:51 p.m. ATTEST: Charlotte K. Pruss Village Clerk