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HomeMy WebLinkAbout06/13/1995 CS minutes MINUTES CLOSED SESSION JUNE 13, 1995 !iQD[1[1 OO~[1~@rn W&v@: 1- t. b - 0 "1 The Closed Session was called to order at 8:00 p.m. in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Litigation. Present at the Closed Session were: Mayor Gerald L. Farley, Trustees George Clowes, Tim Corcoran, Richard Hendricks, Paul Hoefert, and Michaele Skowron. Absent from the meeting was Trustee Irvana Wilks. Also present were: Assistant Village Manager David Strahl and Administrative Intern Cathleen Freels. Litigation Mr. Strahl informed the Mayor and Board of Trustees that the Fire Department had cited Continental Bakery for not having a Knox Box and that this matter had proceeded to litigation. Briefs were submitted by each side. The judge in this case ruled that the Knox Box ordinance, as a mandatory requirement, is unreasonable and therefore unconstitutional. Mr. Strahl further explained that the Village has a potential problem with removing this ordinance from the Village Code. There are several businesses in the community with Knox Boxes. If the Fire Department does not have access to a Knox Box and forced entry is necessary, there could be a potential security problem at the building site. Attorney Buzz Hill has advised that this case is ripe for appeal due to the fact that no testimony was heard. The estimated cost for the appeal is $5,000. Judge Candall made the ruling Trustee Clowes asked whether an ordinance could be written to encourage business participation or posting of a bond. A general discussion followed concerning ways to encourage participation. Trustee Corcoran asked whether there was any state legislation that could be introduced that if passed would eliminate the need to appeal this case. David Strahl stated that he would follow up on this suggestion. There was concurrence by the Board that the Village proceed with an appeal of Village of Mount prospect v. Continental Bakery. There was no further discussion and the Closed Session adjourned at 8: 1 0 p.m. Respectfully submitted, /-"J /' /. L..., 4 Or 1 -- Ga--c;vc.-....-- !e v .~~ CATHLEEN R. FREELS Administrative Intern crt!