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Home My WebLink About06/10/1997 CS minutes MAYOR Gerald L. Farley IP~~ 1ID!'ii1I \ 1. .. , t. . 0 !>> TRUSTEES George A. Clowes Timothy J. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Daniel A. Nocchi Irvana K. Wilks Phone: (847) 392-6000 Fax: (847) 392-6022 TDD: (847) 392-6064 VILLAGE MANAGER Michael E. Janonis Village of Mount Prospect VILLAGE CLERK Carol A. Fields 100 South Emerson Street Mount Prospect, Illinois 60056 MINUTES CLOSED SESSION JUNE 10, 1997 The Closed Session was called to order at 10:10 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Litigation, Collective Bargaining and Land Acquisition. Present at the Closed Session were: Mayor Gerald L. Farley; Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Daniel Nocchi and Irvana Wilks. Also present were: Village Manager Michael Janonis, Assistant Village Manager David Strahl and Finance Director Brian Caputo. Approval of the April 2, 1997 Closed Session Minutes were deferred. Litiaation ~ cr--Y ~ ~--.... .. Finance Director Brian Caputo explained to Village Board members that due to certain "quirks" in State Benefit Statutes, Police and Fire employees could, under certain -tircumstances, receive both Disability Pension Benefits and Workers' Compensation Benefits with no offset. Apparently, if an employee was hired between October of 1974 and October of 1977, they could conceivably collect both benefits. Both prior to and after this period, the State law required an offset so that the employee could not, in effect, "double-dip." Village Manager Michael Janonis explained that during the gap period between 1974 and 1977, the Village had done considerable hiring of Police and Fire employees due to the annexation of the New Town area. Therefore, there was potentially large exposure should a number of these employees become injured and seek both Workers' Compensation benefits and Disability Pensions. Finance Director Brian Caputo indicated to Board members that he had sought the opinion of three different attorneys in trying to interpret the Statutes as well as a few Court cases which considered the issue. At this time, the general consensus among the attorneys was that it arguably unresolved in the eyes of the Court and that the Village could apply the offset. Given that there was a pending Disability Pension claim before the Fire Pension Board, the Board concurred with Mr. Caputo's position that the offset be applied and that if it was challenged, the Case should be litigated. Mr. Janonis indicated that he would seek further legal counsel with regard to Mr. Caputo's role as Treasurer of the Fire Pension Fund and his fiduciary obligations to act as directed by that Board. () ~" ~~ d' ~~ [S d~ dp 2)~ I!!S@ Collective Baraainina Village Manager Michael Janonis reviewed with Board members the status of the Police Union negotiations. An Arbitration Hearing was scheduled for Friday, June 13. The Village Manager reviewed with Board members staff prepared exhibits showing comparable salary and benefit information with other like communities. Mr. Janonis reported that the comparables put the Village's position in a very good light. However, Mr. Janonis indicated that should the Case go Hearing, it was likely that the Arbitrator would "give something to the Union regardless of the comparable data. After brief discussion among Board members, they indicated their comfort with the Village's last offer and directed the Village Manager to proceed with the Arbitration Hearing if necessary. Mr. Janonis indicated that there probably would be a final attempt to negotiate a settlement prior to commencement of the actual Hearing. Land ACQuisition Village Manager Michael Janonis reviewed with Board members a rejection letter from Heather Francek in response to the Village's offer to purchase the Two-Ten East Northwest properties. As previously directed by the Village Board, staff had offered $300,000 for all of the properties. Ms. Francek's rejection did not include a counter offer. Staff was seeking direction as to whether to make another "revised" offer to Ms. Francek. After brief discussion, the Village Board decided it would not be prudent to negotiate against itself and, in the alternative, directed staff to contact Ms. Francek and tell her that the Village would entertain a counter-offer for the property. There was no further discussion in Closed Session. The Closed Session adjourned at 10:42 p.m. on a Motion by Trustee Wilks and Seconded by Trustee Clowes after a unanimous roll call vote. MEJ/rcc X:IUSERSIROBERTAClWIN\OFFICElMEJlCS\61OCS.MIN