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HomeMy WebLinkAbout02/13/1996 CS minutes MAYOR GERALD L. FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HOEFERT MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS ~&~ IiUILIIMI lID~~. I - z.-o ..,tJ 1- Village of Mount: Prospect: 100 South Emerson Street Mount Prospect, Illinois 60056 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 / 392-6064 MINUTES CLOSED SESSION FEBRUARY 13, 1996 The Closed Session was called to order at 10:05 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Potential Litigation. Present at the Closed Session were: Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron, and Irvana Wilks. Absent from the Closed Session was Mayor Gerald Farley. Also present were: Village Manager Michael Janonis, Assistant Village Manager David Strahl and Finance Director David Jepson. Village Board members reviewed Minutes of the Closed Session from the February 6, 1996 meeting. On a Motion by Trustee Hoefert and Seconded by Trustee Clowes, the Minutes were approved by a roll call vote with Trustee Wilks abstaining. Potential Litigation J'~ ;b.u ~v.L Village Manager Michael Janonis provided Board members with an update of Board options in regard to Fire Pension Board action granting certain retroactive benefits without retroactive contributions. Mr. Janonis reported that Special Counsel Terry Barnicle did not feel that the Village's position would be injured if checks covering the new benefits were released to retirees as long as a disclaimer letter was included. He felt that this would protect the Village if it chose to seek a declaratory judgment from the Department of Insurance, as well as if the Board sought a return of the benefits from individual retirees. Mr. Janonis also reported that Department of Insurance Deputy Director Tom Jones had agreed to a meeting which was set for Wednesday, February 14, 1996. Mr. Janonis and Mr. Jepson felt that it was necessary to meet with Mr. Jones prior to pressing the Village's concerns with the Director of the Department of Insurance. Based upon discussion among Board members, it was determined that staff should meet with Mr. Jones to press the Village's concerns and depending on the outcome of the meeting, steps should be taken to release the questioned benefit checks accompanied by a letter notifying retirees that the Village would continue to seek clarification of the Department of Insurance ruling and might also seek return of the additional benefit monies. o ~.n ~. Q:~ ~~ C:... ,i EJ ;j ~ ~~ d !~J L~ t:-=:J 2) rE ~@ Litigation Trustee Hoefert again raised concerns regarding Metra's and Prospect Heights' response to Mount Prospect concerns over the siting of the Metra Commuter Station. Trustee Hoefert felt that the Village should consider seeking some kind of legal restraining order in order to prevent further construction at the site. His reasoning was that as more monies were expended, it would increasingly difficult for Mount Prospect to press for the relocation of the site. He felt if substantial sums of money had been expended, a Judge might be reluctant to act. Mr. Janonis informed Board members the basic legal requirements for securing a temporary restraining order. Mr. Janonis felt the Village would have a heavy burden to carry. He also informed Board members that a meeting had been set for Tuesday, February 27 at which time Metra would be presenting a mitigation plan for consideration. Mr. Janonis suggested that the Village Board hold off on any legal action until it had an opportunity to review the mitigation plan. Discussion among Board members resulted in a concurrence that any legal action should wait until a mitigation plan had been proffered. However, there was growing sentiment on the Board that some type of legal action might be necessary in order to get Metra's and Prospect Heights' attention. Staff was directed to report back to the Village Board any new developments. There was a Motion by Trustee Skowron and Seconded by Trustee Wilks to come out of Closed Session. On a Roll Call vote of Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks, all voted to adjourn Closed Session meeting at 10:56 p.m. No action was taken or further business discussed. On a Motion by Trustee Hoefert and Seconded by Trustee Skowron, the Committee of the Whole meeting adjourned at 10:58 p.m. ~:clfUIIY. ubmitted, Village MEJ/jbb