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HomeMy WebLinkAboutMinutes - 12/15/2008 - Board of Trustees (2)1. MIN UTES OF THE DECEMBER 15, 2008 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD ON FEBRUARY 24, 2009. CALL TO ORDER The Closed Meeting of December 15, 2008 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 6:35 p.m. 2.ROLL CALL: The Village Clerk Charlotte Prnss called the roll with the following persons PRESENT: President John Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F.Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Darrell Langlois, Finance Director; Robett Kallien, Community Development Director; Michael Hullihan, Public Works Director and Howard P. Levine, Attorney from DeAno and Scarry. 3.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 (2cl 1) A DuPage Housing Authority Attorney Sterk reminded the Board that the DuPage County Forest Preserve District approached the Village relative to the purchase of the Friary property. The concern for the Village is how this might affect the cunent litigation with the DuPage Housing Authority. Mr. Levine offered that there were complications regarding the fact that these conversations, which he referred to as a settlement offer, were with only one of the patties involved in the litigation. He did feel that if the purchase took place and the Friary was demolished it would make the litigation which was forcing zoning concessions moot since the property was no longer available. He suggested that he would need to research further now that he had more information, but felt that they could continue with negotiations af ter the intergovernmental agreement between the Forest Preserve District and the DuPage Housing Authority expired on December 31. He recommended that the DuPage Housing Authority should be brought into the discussions. Trustee Kennedy reported that under the current agreement between the Housing Village of Oak Brook Closed Meeting Minutes Page 1 of 3 December 15, 2008 Authority and the Forest Preserve, if the DuPage Housing Authority had financin g and the judge ordered for the DHA in regard to the zoning issues by December 31st the Forest Preserve District must sell the property to DHA for $1.00. Discussion ensued that if the judge had not issued his findings by December 31 how the sale would affect his findings. Mr. Levine did not feel he could predict. Trustee Wolin was opposed to the deal because he felt nothing would happen with the prope1ty and he did not feel the Village should expend the funds. Consensus was to continue discussions after December 31. Mr. Levine, Michael Hullihan and Robe11 Kallien left the meeting at 7:00 p.m. 4.TO DISCUSS COLLEC TIVE NEGOTIAT ING MATTERS BETWEEN THE PUBLIC BODY AND ITS EMPLOYEES OR THEIR REPRESENTATIVES, OR DELIBERATIONS CONCERNING SALARY SCHEDULES FOR ONE OR MORE CLASSES OF EMPLOYEES. 2c2 Blaine Wing, Assistant Village Manager reminded the Board that they had asked to have a labor relations attorney address ramifications of pay plan changes. Mr. Robert J. Smith, Jr. of Seyfmth Shaw and Kate Croteau, Administration Intern arrived at 7:01 p.m. Mr. Smith commented that collective bargaining in the public sector for public safety personnel, because they m·e restricted from striking, was very different from the private sector and any other type of 1urion bargaining. In Illinois if the parties could not come to an agreement they would be required to enter into "interest arbitration" which dictated that an outside arbitrator would determine what the terms of the agreement would be. The arbitrator by law would have to choose one of the party's final offers on each economic issue; he could not split it down the middle. On non-economic issues the arbitrator had more leeway, but generally accepted one or the other party's final offer. The most important criteria which the arbitrator was required to take into consideration was external comparability. This meant where the contract ranked comparable to other entities the last time it was negotiated. Another criterion was leading economic indicators. Per capita sales tax and per capita equalized assessed valuation were indicators which showed where the salaries ought to rank. A secondary weighted factor would be internal comparability which was to other groups in the municipality. Other factors were cost of living, but during low inflationary times it did not carry much weight. The last consideration would be the ability to pay. The Village would have to file an affirmative defense and would have to bear the heavy burden to prove lack of ability to pay. Being on verge of bankruptcy would be required. Village of Oak Brook Closed Meeting Minutes Page 2 of.3 December 15, 2008 5. The comparables with other entities did not show the :financial crisis yet. At some point comparables may come down if an arbitrator were courageous and took that into consideration. Mr. Smith also indicated that statistics show that first contracts take up to a year to negotiate; therefore it was possible that comparables might change by the time these negotiations might get to arbitration. President Craig asked if the Village could layoff public safety personnel without exhausting reserves. Mr. Smith responded that it was possible. Trustee Carson asked how the decisions for non union employees affect the issue. Mr. Smith suggested it did not have much bearing since the arbitrator realized that municipalities could do whatever they wanted with those employees. Regarding health costs, he indica ted that arbitrators had been somewhat sympathetic to employers who were asking employees to share the increases in health care costs but not those that want to transfer the burden to employees. Therefore the Village would have to show rising costs. The issue of merit increase was addressed indicating that Oak Brook was unique by having merit increases as part of their contract. .Most unions did not like merit; they preferred step increases where everyone got the same. Mr. Smith also pointed out that the comparables were based on COLA increases only because there were too many other factors affecting merit or step increases to compare those increases. ADJOURNMENT/RECONVENE Motion by Trustee Wolin, seconded by Trustee Kennedy to adjourn the meeting and reconvene the regular meeting. VOICE VOTE: Motion carried. The meeting adjourned at 7:30 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Closed Meeting Minutes Page 3 of 3 December 15, 2008 /s/ Charlotte K. Pruss