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HomeMy WebLinkAboutMinutes - 11/08/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 4 November 8, 2011 MINUTES OF THE NOVEMBER 8, 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 Regular Closed Meeting of November 8, 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 9:23 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, and Trustee Asif Yusuf ABSENT: Trustee Elaine Zannis IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorneys Peter Friedman and Benjamin Schuster Lieutenant Jason Cates and Pending Police Chief Jim Kruger entered the meeting at approximately 9:27 p.m. 3. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Contract Negotiations – 8 Hours vs. 12 Hours Assistant Village Manager Wing discussed the trial period of twelve-hour shifts for patrol police personnel referring to the comparative analysis which Lieutenant Cates prepared regarding category of services and reverting to eight-hour shifts. Village Manager Niemeyer stated that there is a timing issue if the twelve-hour shifts are continued and that this could be part of negotiations and he commented on the productivity analysis. He suggested going back to eight- hour shifts for 2012 and addressing the issue in negotiations. Pending Chief Kruger explained the differences in productivity, but that the decreases are not just due to the twelve-hour shifts and discussed the county-wide reduction and how morale and call load would affect productivity. He discussed that in Roselle, they had been on twelve-hour shifts for over twenty-five years, but he had converted them to an eighty-four hour pay period. He stated that twelve-hour shifts provide maximum street coverage, but does affect training and extra-curricular activities. Lieutenant Cates stated that money is being saved from an overtime perspective, but some overtime will be needed to provide training. He discussed other issues for the reduction in productivity and stated that his biggest concern is morale if there is a transition to eight-hour shifts and this might not be the most opportune time to make the shift. Discussion ensued regarding transitioning to eight- hour shifts and the analysis. Assistant Village Manager Wing suggested that it would be preferable to allow management to staff police patrol accordingly and have the twelve-hour shifts part of the negotiations’ process. He stated that he is seeking a consensus to hold to the original agreement of the trial period of twelve-hour shifts and have them revert to eight-hour shifts on January 1, 2012 and make the decision prior to the new Chief starting. He also requested that he be given authority to utilize this issue in negotiations. Lieutenant Cates exited the meeting at 9:54 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 4 November 8, 2011 4. THE SETTING OF A PRICE FOR SALE OR LEASE OF PROPERTY OWNED BY THE PUBLIC BODY 2C(6) A. Water System Sale This matter was discussed after Agenda Item #5.B. Village Manager Niemeyer discussed that the Village should look at trying divest itself of non- residential water systems, because it is becoming more and more of an issue due to needed capital improvements in these areas. He stated that the DuPage Water Commission is looking into servicing these areas. Public Works Director Mike Hullihan and Finance Director Sharon Dangles entered the meeting at 10:55 p.m. Public Works Director Hullihan discussed that DuPage County is in the process of taking over the York Township Water System and has expressed an interest in acquiring some of the Village’s water mains in the area to provide for a “looped” network of pipes. He stated that the areas in question are west of Midwest Road and north of Butterfield Road. He discussed the advantages for both entities and although the Village would save a lot in costs for capital improvements in these areas, there would also be a loss of revenue. Village Manager Niemeyer stated that staff would be reporting back to Board with more information regarding the discussions with DuPage County. Finance Director Dangles affirmed that it is about $500,000 per year for revenue from the Brandywine area in Villa Park. Public Works Director Hullihan stated that the Village has not accrued the revenue needed for the water main replacements and also that Oakbrook Terrace have approached him with a water service proposal for this area. 5. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Bronswood Cemetery Mausoleum This matter was discussed after Agenda Item #5.D. Community Development Director Robert Kallien entered the meeting at approximately 10:40 p.m. Community Development Director Kallien explained that a complaint has arisen from a resident who lives on Adams on the west side of Adams near the entrance to Breakenridge Farm and he stated that the Bronswood Cemetery is on the east side of Adams and south of her house. He stated that the cemetery has been there since the late 1800s and was annexed into Oak Brook in 1962 and that many of the cemetery plots run right up to the edge of the road. Mr. Kallien stated that the mausoleum in question is five feet off the property line and stated that he had verified that no permits had ever been issued in regard to cemetery plots in the Village. Village Attorney Friedman affirmed that the cemetery is a permitted use in the Village’s zoning district in which the property is located and there is nothing in the Village Code exempting structures, but this has never been enforced. Village Attorney Schuster stated that municipalities have the discretion whether to regulate anything placed in a cemetery. Community Director Kallien stated that the resident in question has other reasons for her objections to the mausoleum. Discussion ensued regarding regulating cemeteries in the Village Code. Village Attorney Friedman stated that the only issue addressed in the Village Code is that the mausoleum is not complying with setback regulations. Community Director Kallien stated that its height is under the maximum allowed for structures in that zoning district and suggested reaching out to the owners of the cemetery and discussing the Village’s concerns. Community Development Director Kallien exited the meeting at approximately 10:51 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 4 November 8, 2011 B. Richter Litigation Village Manager Niemeyer recommended not changing attorneys regarding this case because it could go to the Illinois Supreme Court. C. Peterson Case This matter was discussed after Agenda Item #6.A. Village Attorney Friedman reviewed that status in regard to the Administrative Review matter and the motion to re-open the record which is closed at this time and that the hearing is scheduled for January 10, 2012. He discussed the news articles and the allegations in the FOP’s motion and consequences of the record being re-opened in regard to potential new litigation by Peterson and/or Sheahan. He reviewed the settlement proposals from the FOP regarding Peterson returning to work or a seven-digit financial settlement and stated that IRMA has been alerted to the status and potential litigation. Lengthy discussion ensued regarding consequences of Peterson returning to work. Village Attorney Friedman stated that he does not see anything happening regarding Peterson being awarded punitive damages. D. Workers’ Compensation Settlement This matter was discussed after Agenda Item #5.C. Assistant Village Manager Wing discussed a police officer who was awarded a duty disability last March after three injuries and that IRMA is suggesting a settlement of all of his workers’ compensation claims in the amount of $116,326 (which represents 50% man-as-a-whole) and a cap on further treatment and surgeries. Discussion ensued regarding making counter-offer. Consensus to do so and authority given to settle at the suggested amount if necessary. Pending Police Chief Kruger exited the meeting at approximately 10:39 p.m. 6. TO DISCUSS APPOINTMENT, EMPLOYMENT, COMPENSATION, PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. 2012 Budget Personnel Discussion Discussion of this matter took place immediately after Agenda Item #3.A. Village Manager Niemeyer explained the proposed reorganizational changes in the Police Department, in particular to downgrading the Administrative Assistant position and in relation to the management structure going back about six years ago when an additional lieutenant’s and sergeant’s positions were added. He discussed that in the proposed changes the retiring Deputy Chief’s position would not be filled, but instead two lieutenants would be utilized as Deputy Chiefs, as well as having the seventh sergeant serving in patrol division. He also discussed eight temporary part-time call taker positions for the non-emergency call center when 9-1-1 goes to DuComm in June, 2012. Discussion ensued regarding making management reductions through attrition and/or demotion, but that there would be no reduction in patrol personnel. Pending Chief Kruger suggested that the part-time call takers could also serve as Community Service Officers. Agreement to allow the new Police Chief time to assess the organization and make recommendations accordingly. Village Manager Niemeyer also discussed, in regard to other departments, adding a part-time building inspector, a part-time private paramedic and a part-time economic development position. Village of Oak Brook Regular Closed Meeting Minutes Page 4 of 4 November 8, 2011 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 11:09 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk