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HomeMy WebLinkAboutMinutes - 07/22/2008 - Board of Trustees (2)1.CALL TO ORDER MINUTES OF THE JULY 22, 2008 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD ON FEBRUARY 24, 2009. The Closed Meeting of July 22, 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 8:29 p.m. 2.ROLL CALL: The Village Clerk Charlotte Pruss 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 and Antonio DeBlasio, Attorney 3.TO CONSIDER LITIG ATION, 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 (2C1 l) A.Lorig Construction President Craig asked Village Manager Niemeyer to provide an update on this litigation. Manager Niemeyer reported that he would be attending a mediation on July 28, 2008 relative to this case. He asked Mr. DeBlasio to provide an update of recent developments which included some engineering data. Mr. DeBlasio reported that there was a firm date for the trial and wanted to share insights with the Board that would help them make decisions regarding the trial. Engineering data had shown that the Village lost approximately $351,000 of water. Lorig had been pushing for mediation and he wished to recommend a settlement amount if Lorig came up with an amount at the mediation. He indicated he rarely told a client that they had a very strong case, but he felt that in this instance the Village did have a strong case. His analysis including water loss, leak detection survey, water main repair, hiring of a civil engineer, IRMA deductable and landscaping repair amounted to damages of $390,900.50 which was significantly higher than previously thought. Lorig hired an expert engineer to review the data and he agreed that damages were upwards of $340,000. There was a disagreement in one area. Their case would revolve around mitigation of damages of the break. Village of Oak Brook Closed Meeting Minutes Page 1 of 4 July 22, 2008 Mr. DeBlasio provided detailed information regarding the timeline and the responsibility of the Village as to how long it took to determine where the water loss was occurring and to complete the repair. The concern was the issue of how long it took to repair the leak, therefore, his recommendation was to offer a minimum amount of $225,000 which gave Lorig the benefit of the doubt in a few areas. Trustee Carson asked what the additional cost of going to trial might be. Mr. DeBlasio felt it would be approximately $50,000. Consensus was to provide Mr. DeBlasio with the authority to negotiate a settlement at a minimum of $225,000. B.Frank Richter Case President Craig asked Assistant Village Manager Blaine Wing to update the Board on this litigation. Assistant Village Manager Wing reported that he had attended a mediation which began well, but slid backwards with the settlement issues offered to Mr. Richter. Since he declined the settlement, Seyfarth Shaw was looking for approval to move forward with depositions of at least two of the twenty-five physicians and Mr. Richter. Then if settlement was not feasible it would need to go to trial. There was consensus to move forward. 4.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 (2Cl). A.Work.men's Compensation Cases President Craig asked Blaine Wing, Assistant Village Manager to update the Board. Assistant Village Manager Wing provided information that laid out the calculations on the value of body parts set forth by the Illinois Workmen's Compensation Act and the Illinois Workmen's Compensation Commission. 1)Malec He laid out IRMA's recommendation to settle for 45% with Mr. Malec which would be paid out by Blue Cross. Discussion ensued regarding a set-off because of his pension and the PSEBA award. After verifying the set-off information, he was seeking authorization to offer a settlement. There was affirmative consensus. Village of Oak Brook Closed Meeting Minutes Page 2 of 4 July 22, 2008 2)Yager A police officer who was injured apprehending an individual had been through physical therapy and was seeking 25% disability payment. The Village would like authorization to offer 18 -20% disability in the amount of $55,000 -60,000 which would be paid by IRMA. There was affirmative consensus. 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) .President Craig asked Blaine Wing, Assistant Village Manager to provide updates. A.Union Negotiations Update Assistant Village Manager Wing indicated that the FOP had sent a formal letter seeking to bargain because their contract expires in December. He will respond and expected to begin negotiations in the fall. He reported that negotiations had begun with the IAFF, but no further meetings have been scheduled. Recently they indicated that they were seeking to negotiate a completely new contract which would require a very different type of negotiation and as a result was seeking assistance in handling the situation. B.Recommendation to Use Legal Council for Union Negotiations Assistant Village Manager Wing asked for proposals from legal firms which he presented to the Board. Trustee Manofsky asked if he had a preference. He indicated that he had no preference since both have had experience. The cost ranged from $185.00 to $365.00 per hour. Mark Sterk recommended not having an attorney present at negotiations because he felt that the IAFF' s demand to seek a new contract would be very difficult to do because they would have to prove that there was something substantially wrong with the current one. He felt that the only issues required to negotiate were salary and benefits. Trustee Wolin felt that an experienced attorney in negotiations was important. He suggested that if there was not a time factor, that the Board interview the firms that presented proposals. Trustee Carson suggested that the Village use its' in house attorney and seek additional advice from Seyfa1th Shaw if necessary. There was consensus to follow Trustee Carson's suggestion. Village of Oak Brook Closed Meeting Minutes Page 3 of 4 July 22, 2008 6.ADJOURN/RECONVENE TO REGULAR MEETING Motion by Trustee Kennedy, seconded by Trustee Wolin to adjourn the Closed Meeting and Reconvene to the Regular Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10: 10 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Closed Meeting Minutes Page 4 of 4 July 22, 2008 /s/ Charlotte K. Pruss