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.
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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.
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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
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