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HomeMy WebLinkAbout09/13/1994 CS minutes MAYOR GERALD L. FARLEY TRUSTEES GEORGE A, CLOWES TIMOTHY J, CORCORAN RICHARO N, HENDRICKS PAUL WM, HOEFERT MICHAELE W SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS ~QdJl1Jb OO[g[1,~g~ @)&'i:fm ,- z...O -0 Village of Mount; Prospect 1 00 South Emerson Street Mount Prospect, IlIinuis 60056 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 / 392-6064 MINUTES EXECUTIVE SESSION SEPTEMBER 13, 1994 The Executive Session was called to order at 10:14 p.m., in the Trustees' Room of the Village Hall, 100 South Emerson Street, for the purpose of discussing Litigation and Land Acquisition. Present at the Executive Session were: Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks. Also present were: Village Manager Michael Janonis and Assistant to the Village Manager David Strahl, Village Attorney Everette Hill, Mayor Sheila Schultz, Chairman of the Solid Waste Agency of Northern Cook County; Brooke Beal, Executive Director of SWANCC and Ann Tennes, Assistant Executive Director of SWANCC. LITIGATION SWANCC Mr. Brooke Beal outlined SWANCC's staff analysis of the denial by the Army Corps of Engineers of SWANCC's 404 Permit request. Mr. Beal indicated that SWANCC staff would be recommending litigation against the Army Corp in a number of areas including challenging the Corps' jurisdiction over the Balefill as well as certain substantive aspects of their denial. Mr. Beal felt that litigation was necessary in order to attempt to salvage the value of the Balefill site. Property, absent appropriate Permitting, had minimal value and it would be unlikely that the Agency could not sell the property and recover all of the costs and expenses expended to date. Mr. Beal indicated that an Attorneys' Committee made up of Mayors and Trustees who were lawyers interviewed a number of law firms specializing in 404 Permit litigation. The results of the interviews indicated a strong feeling among the law firms that the Agency had a case against the Army Corps based on a question of jurisdiction. The Attorneys' Committee also would make a recommendation regarding a specific law firm to handle the matter. Mr. Beal indicated that Attorneys' fees for the initial challengo and subsequent Appeal would be capped at approximately $150,000. There would be certain additional costs depending on whether there were interveners in the case. He felt that the litigation would take anywhere from eight to twenty-four months. Part of the SWANCC strategy would also include the refinancing of outstanding obligations as a means of being able to enter into long-term agreements with other landfills. This provided a back-up position should the litigation not succeed. There was considerable discussion regarding technical aspects of the litigation including the need to move quickly and whether there was any Statute of Limitations that the Agency should be concerned about. There was also some discussion regarding qualifications of the law firms and the likely position of the Justice Department which would act as Legal Counsel for the Army Corps. There was concern expressed by Village Board members that member communities were being required to make a decision without a lot of opportunity to discuss and consider the matter. Mayor Schultz, Mr. Beal and Ms. Tennes were excused from the Executive Session. Board members continued with a short discussion of what Mount Prospect's position should be in the matter. There was a general consensus that the Agency should proceed with litigation to protect the value of Agency assets as well as to provide leverage in future negotiations with landfill operators to secure favorable prices for the interim disposal of Agency waste. Trustees Clowes and Hendricks did not wish to proceed with litigation. There was also brief discussion about whether the Agency should consider selling off the Balefill site even if the challenge against the Army Corps was successful. Hemphill Case Mr. Janonis reported that there was a Pre-Trial conference with the Judge on Friday, September 9 and our Attorney Don Moran indicated that the Judge suggested very strongly that the Village consider settling the Case for $50,000. This represented an approximate "split of the difference" between Hemphill's initial demand of $75,000 and the Village's initial counter offer of $25,000. Mr. Janonis reported that the Village had expended $10,000 in attorneys' fees and costs to date. Mr. Janonis indicated he was uncomfortable in proceeding to trial in this case due to the fact that much of the case would be based on testimony of witnesses that were no longer with the Village. The passage of time would also cause memories to dim. After brief discussion among Committee members, there was a consensus that it would be in the Village's best interest to attempt to limit liability and the Manager was authorized to settle the Case in an amount not to exceed $40,000. Boxwood Apartment Condemnation Mr. Janonis indicated that the Village was in the process of seeking the demolition of an apartment building in the Boxwood area. This action was necessitated by extremely dangerous health and safety concerns which had been revealed during recent property maintenance inspections. Mr. Janonis indicated that the Village would seek a Court Order allowing for demolition. It was also noted that in preliminary discussions with the landlord, there were indications that an attempt would be made to block the Village. Village Attorney Everette Hill briefly discussed with Board members the Village's potential liability in such a condemnation case. After brief discussion, the Board directed the Village Manager to proceed in a manner that would result in the removal of the ongoing health and safety hazard while at the same time protecting the Village from unnecessary liability. There was no discussion regarding Property Acquisition. There being no other business discussed, on a Motion by Trustee Hoefert and Seconded by Trustee Skowron, the Executive Session was adjourned at 12:05 a.m. M EJ/rcc