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HomeMy WebLinkAboutMinutes - 08/09/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 August 9, 2011 MINUTES OF THE AUGUST 9, 2011 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON 1. CALL TO ORDER The Closed Meeting of August 9, 2011 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 9:00 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 Gerald Wolin, Trustee Asif Yusuf and Trustee Zannis ABSENT: Trustee Mark Moy IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman 3. 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. Police Union Contract Assistant Village Manager Wing stated that he is asking for authority regarding wages and health insurance in regard to an extension of the contract, so as not to have to open up the entire contract and stated that the union wants a two-year extension. Specifically, he stated he is asking for authority for up to a 2.5% increase in wages and maintaining the status quo for health insurance in 2012 and also the same for 2013 but considering a range pertaining to recent arbitration awards. Concerns were raised about the cost of wage increases and possibly increasing health insurance contributions. Assistant Village Manager Wing discussed maintaining the same health insurance contributions as with the Fire and Public Works’ union contracts and possibly increasing to 20% in 2013. Discussions ensued regarding wage increases for non-union employees. 4. 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) 35th Street and Route 83 Property (Westmont Billboard Issue) Village Manager Niemeyer stated that Westmont are allowed to put a billboard on this site, but have to go through the IDOT permit process. He discussed that by planting trees or installing a flag some of the billboard view could be blocked and also discussed the Forest Preserve’s interest. Discussion ensued regarding whether the property is on the floodplain, different use options, conducting an appraisal. Consensus to direct staff to arrange for an appraisal. 5. TO CONSIDER LITIGATION, WHEN AN ACTION AGAINST, AFFECTING OR ON BEHALF OF THE VILLAGE HAS BEEN FILED AND IS PENDING BEFORE A COURT OR ADMINISTRATIVE TRIBUNAL, OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR IMMINENT (2c11) A) Tony Stevens’ Case Update Village Manager Niemeyer informed the Board that the judge does not feel the argument about statute of limitations is that strong, but the judge believes that there is a statutory 15-month cap Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 August 9, 2011 on the liability for the service credit. He stated that the judge wants to make an expedited ruling and both parties could appeal to the appellate court. Village Manager Niemeyer stated that Mr. Stevens’ attorney reduced the settlement demand to fifteen years with attorneys’ fees. B) Westmont/35th Street Update Village Manager Niemeyer stated that Westmont is scheduled to approve the annexation agreement without the rezoning in the next couple days. He stated that as part of the annexation agreement, the Westmont Park District agrees to pick up any legal fees the Village of Westmont would incur in a de-annexation. He discussed Westmont Park District’s possible strategy. Village Attorney Friedman stated that a Complaint for Declaratory Judgment against the Westmont Park District had been drafted and it asks that the judge rule that the deed restriction is still in place and runs with the property. He discussed options and suggested that the Village Manager and Village President attend the Westmont meeting and speak during public comment to determine future action by Westmont and whether there is a need to file the Complaint for Declaratory Judgment. Village Attorney Friedman discussed the recent Motion filed by the FOP in the Peterson case regarding withheld information. He stated that it is a violation of the rules that the FOP contacted an adverse party in the case. 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. Release of Closed Meeting Minutes to the General Public from August 10, 2010 to May 24, 2011 1. Closed Regular Meeting Minutes of August 10, 2010 2. Closed Regular Meeting Minutes of September 14, 2010 3. Closed Regular Meeting Minutes of September 28, 2010 4. Closed Special Meeting Minutes of October 12, 2010 5. Closed Regular Meeting Minutes of October 12, 2010 6. Closed Regular Meeting Minutes of October 26, 2010 7. Closed Regular Meeting Minutes of November 9, 2010 8. Closed Regular Meeting Minutes of November 16, 2010 9. Closed Regular Meeting Minutes of December 4, 2010 10. Closed Regular Meeting Minutes of December 14, 2010 11. Closed Regular Meeting Minutes of January 11, 2011 12. Closed Regular Meeting Minutes of January 25, 2011 13. Closed Regular Meeting Minutes of February 22, 2011 14. Closed Regular Meeting Minutes of March 8, 2011 15. Closed Special Meeting Minutes of March 22, 2011 16. Closed Regular Meeting Minutes of March 22, 2011 17. Closed Regular Meeting Minutes of April 12, 2011 18. Closed Regular Meeting Minutes of April 19, 2011 19. Closed Regular Meeting Minutes of April 26, 2011 20. Closed Regular Meeting Minutes of May 24, 2011 Village Attorney Friedman explained that none of the above Minutes have been approved and any Minutes which are approved are not necessarily released. He stated that every six months the approved Minutes are reviewed to see if they can be released and/or need to be redacted. He affirmed that at this time the Board just needs to be concerned with the accuracy of the Minutes, not redactions. Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 August 9, 2011 7. TO CONSIDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY OR LEGAL COUNSEL FOR THE PUBLIC BODY, INCLUDING HEARING TESTIMONY ON A COMPLAINT LODGED AGAINST AN EMPLOYEE OF THE PUBLIC BODY OR AGAINST LEGAL COUNSEL FOR THE PUBLIC BODY TO DETERMINE ITS VALIDITY (2C1). A. Police Chief Candidates Village Manager Niemeyer discussed the process and that the list of twelve candidates recommended by the committee could be reviewed or added to, with the goal of narrowing the list to eight to ten candidates. It was suggested that candidates which all Trustees agree upon could be interviewed and that interviews take place as soon as possible. It was suggested that the top candidates undergo background, drug and psychological screening. It was also suggested that at least three Trustees or a consensus of the Trustees approve the candidates to be provided to President Lalmalani and for subsequent interviews. Discussion ensued regarding criteria desired for the police chief position, judging on merit, contract terms and adding some candidates not selected by the committee. 8. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Yusuf, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:31 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk