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HomeMy WebLinkAbout03/09/2004 COW minutes MINUTES COMMITTEE OF THE WHOLE MARCH 9, 2004 I. CALL TO ORDER The meeting was called to order at 7:00 p.m., in the Mt Prospect Park District Community Center, 1000 West Central Road, by Mayor Gerald Farley. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, Michaele Skowron, Irvana Wilks and Michael ladel. Absent from the meeting was Trustee Richard Lohrstorfer. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl and Village Attorney Everette Hill. II. APPROVAL OF MINUTES Approval of Minutes from February 24, 2004. Staff has requested a deferral of the Minutes. Motion made by Trustee Corcoran and Seconded by Trustee Skowron to defer the Minutes to the next Committee of the Whole meeting. III. CITIZENS TO BE HEARD None. IV. REVISED CURFEW ORDINANCE Villaqe Attorney Everette Hill stated that a recent Seventh Circuit decision based on a Case in Indiana has rendered several curfew laws unconstitutional. He has reviewed the Village Ordinance and it is contrary to the ruling, therefore, there are several changes that are recommended so the Curfew Ordinance can be enforced in the community. He has provided a revised draft of the Ordinance that includes the exceptions that were highlighted in the Case from Indiana. Among those changes are attendance at a political event after hours including additional information as to the sufficient inquiry of a Police Officer to determine whether any exceptions apply. Consensus of the Village Board was to approve the changes as recommended and consider adoption of the Ordinance at an upcoming Village Board meeting. v. HEARING OFFICER/PUBLIC SAFETY OFFICER EMPLOYEE DISABILITY ACT . . . ... ... .," "'" Village Attorney Hill stated the Act was passed in 1997 which provides for lifetime health insurance coverage for public safety employees. A recent Illinois Supreme Court decision defined duty-related pension as the trigger for health insurance coverage. However, there are certain activities which still must be considered for qualification of this benefit. This Ordinance provides for a Hearing Officer to review the circumstances regarding the request for health insurance coverage with any challenges going to administrative review. The standard for administrative review would have to be challenged on an arbitrary and capricious basis. Consensus of the Village Board was to consider this Ordinance at an upcoming Village Board meeting. 1 VI. CREATION OF A CHARITABLE VILLAGE FOUNDATION Village Manager Janonis provided some background information to the Village Board option to determine whether there was sufficient interest in moving forward with the possible creation of such a Foundation. He stated this had been suggested by several Trustees and the Mayor in an effort to gather tax-free donations from citizens. Some community groups have expressed interest in providing funds to the Village for various community events including the Winter Festival Parade and this would act as a vehicle for additional donations from private citizens. It is also proposed that donations could be made on a restricted basis depending on the desire of the person donating. Attorney Hill stated there would be a need for an independent body with the required State and Federal filing to obtain tax-free status with at least two officers of the Advisory Board signing an annual report outlining where these funds went. Dorothy Kucera, Chairperson of the Sister Cities Commission, spoke. She stated she would encourage the Village Board to consider the creation of the charitable foundation for community purposes. General comments from Village Board embers included the following items: A question was posed regarding the fund raising and specific purposes related to such fund- raising. It was also suggested that a review of other existing charitable foundations be undertaken to assist in the creation of the foundation for Mount Prospect. John Korn, 301 North William, spoke. He stated it might be possible to consider donations to existing Human Services' functions and activities as part of the tax-free donation options. He also suggested there be an option of not accepting a donation if the related restrictions that may be contrary to community needs. Consensus of the Village Board was to direct staff to continue research and to draft the necessary By-Laws and documents for further consideration by the Village Board. VII. DISCUSSION OF MAYOR PRO TEM PROTOCOL Village Attorney Hill provided an outline of the suggested revisions from the January 13, 2004 Committee of the Whole. He also pointed out several corrections to the current draft in Sections 0 and E. He also wanted to highlight the fact the designated Pro Tem would require the same voting criteria for appointment as removal. General comments from Village Board members included the following items: There was clarification made to the effective terms and the initial term of the Pro Tem. There was also a question regarding the mechanism for removal once nominating petitions have been filed. Consensus of the Village Board was to bring back the final Ordinance draft for consideration at an upcoming Village Board meeting. 2 VIII. IX. X. DS/rcc VILLAGE MANAGER'S REPORT Village Manager Janonis wanted to remind everyone of Coffee with Council on March 13 from 9:00 a.m. until 11 :00 a.m. in the second floor Conference Room of the Village Hall. ANY OTHER BUSINESS None. CLOSED SESSION Motion made by Trustee Hoefert and Seconded by Trustee to move into Closed Session at 7:53 p.m. ADJOURNMENT The Committee returned to open session at 8:50 p.m. and immediately adjourned at 8:51 p.m. since there was no further business. Respectfully submitted, -~\~.~~ DAVID STRAHL Assistant Village Manager 3