HomeMy WebLinkAbout04/06/1999 CS minutes
MAYOR
Gerald L. Farley
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TRUSTEES
George A. Clowes
Timothy J. Corcoran
Paul Wm. Hoefert
Richard M. Lohrstorfer
Daniel A. Nocchi
Irvana K. Wilks
Phone:
Fax:
TOO:
(847) 392-6000
(847) 392-6022
(847) 392-6064
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
Velma W. Lowe
Village of Mount Prospect
100 South Emerson Street Mount Prospect. Illinois 60056
MINUTES
CLOSED SESSION
APRIL 6, 1999
The meeting was convened at 9:57 p.m. Present were: Mayor Gerald Farley, Trustees
George Clowes, Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer and Irvana Wilks.
Absent from the Closed Session was Trustee Daniel Nocchi. Staff present included:
Village Manager Michael Janonis and Assistant Village Manager David Strahl.
1. Land Acquisition
Village Manager Janonis stated that preliminary borings have shown there is
contamination at the Fannie May and White Hen sites. He stated the Purchase
Agreement contracts include clauses, which allow the Village to void the contracts due
to environmental issues if desired. However. further testing is underway to determine
the extent of the environmental clean-up necessary.
Norb Huecker's property. Language in the Purchase Agreement contract allows for
LUST funding coverage for tank remediation purposes. As the contract states, the
Village will front the funds necessary for the clean-up and once reimbursement is
received from the LUST fund, that money will be turned over directly to the Village when
it comes from the State.
Northwest Electric. Staff has been monitoring the owners to get them moving to
complete the purchase process. The home on Wille has been vacated so it can be
demolished anytime
2. Litigation
Village Manager Janonis provided an overview of the following items:
RJN. The Supreme Court rejected the Appeal of the RJN damages. Therefore, the
Village will have to retry the Case in order to receive damage award. The cost of the
retrial will be approximately $30,000 fqr attorney fees. Since the Supreme Court
rejected the Appeal, the Appeal bond has been withdrawn; therefore, the original award
for damages is not backed by a bond at this time. When RJN appealed the original
award to the Appeals' Court Judge, the damage award was significantly reduced which
is why the case was forwarded to the Supreme Court for final disposition. It is now
necessary to reprove the Case in front of a trial judge for damages. The Trial Judge
originally awarded over $500,000 in damages.
Village Manager Janonis will confirm whether RJN retains any appeal rights once the
case is retried for the damage award.
Trustee Corcoran suggested that a TRW review of RJN be undertaken. He also would
consider an offer to finish off the case in the neighborhood of $350,000.
Trustee Clowes felt it was necessary to keep the case going due to the damage
exposu re.
Trustee Hoefert was not sure what would be an appropriate settlement offer at this time.
Village Manager Janonis suggested that he have the opportunity to review the case and
settlement options with the Village Attorney and come back to the Village Board for
settlement authority discussions at an upcoming meeting.
Javier Martinez Case. The Judge rejected the Summary Judgment Motion filed by the
Village. The Village and its defense attorneys are preparing for trial at this time. He
recommends not considering a settlement at this time because of the precedence that it
would set with the other pending Discrimination Cases. The argument that Martinez
attorney is forwarding to the Judge alleges discrimination in terms of enforcement of
laws to the citizens of the community and it is not relevant to his employment status.
The employee was not a good performer. The Judge has encouraged settlement
discussion, which is the typical standard language in any Motion rejections.
J t>+ Addison Court Annexation. Village Manager Janonis has been working closely with
~ the various parties to sign a Preannexation Agreement to conclude the Court Case.
(2j)Q tI tl ^ The Judge has been informed that the Village will not expend funds for improvements of
---areas outside of the community when the situation with the flooding occurred when the
area in question was not part of the Village.
Egeberg Case. The Plaintiff's attorneys have had great difficulty in getting discovery
through Cook County and he is still in the process of gathering information for the case.
One interesting fact that did come out of the discovery was the standard processing
time at Cook County Jail is ten hours.
3. Personnel
Public Works Negotiations. Village Manager Janonis provided a general overview of
the Contract demands from SEIU and the Village response to date. The Village has
only had one meeting with the Union at this time. Based on market analysis, we are
probably looking at increases in the 3-3 1 % range.
Assistant Village Manager David Strahl provided additional information regarding the
insurance program and possible changes through negotiations with the Public Works
employees.
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Village Manager Janonis stated staff will keep the Village Board informed as
negotiations progress.
Closed Session adjourned at 10:39 p.m.
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DAVID STRAHL
Assistant Village Manager