AGENDA
CITY OF COUNTRYSIDE
REGULAR CITY COUNCIL MEETING
WEDNESDAY, JULY 27, 2011 at 7:30 P.M.

I. CALL TO ORDER – (PLEDGE OF ALLEGIANCE)

II. ROLL CALL

III. OMNIBUS AGENDA

All items on the Omnibus Agenda are considered to be routine in nature by the City Council and will be enacted in one motion. There will not be separate discussion of these items unless a Council member so requests, in which event the item will be removed from the Omnibus Agenda and considered separately.

A. APPROVAL OF MINUTES – July 13, 2011

B. STATEMENT OF BILLS through July 27, 2011: $114,869.70.

C. TREASURER’S REPORT ending June 30, 2011.(previously distributed)

D. Application for a general business license from Steiner Electric, 5408 Dansher Road. Type: Warehousing. Applicant: Richard Kerman. (formerly Inland Cutting)

E. From Sokol & Company requesting approval to hold a community bake sale on September 3, 2011, from Noon to 4 p.m. as a fund raiser for the NO KID HUNGRY program at the southwest corner of 55thand East Avenue.

F. From Jiffy Lube, 5550 La Grange Road, holding a Customer Appreciation Weekend on July 16-17, 2011, in conjunction with the Petfinder’s Big Birthday adoption event.

G. Application for a special use to hold a outdoor party in parking lot from Kenney’s Irish Pub, 917 W. 55th St. on August 27, 2011 from 2 pm to 10 pm.

IV. ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

V. QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

VI. MAYOR’S REPORT

A. Proclamation Welcoming the Jumping Mustangs to the City on July 28, 2011.

B. Confirmation of Appointments for four year term ending May, 2015.

Gail Paul, City Administrator

Michael Ruth, Police Chief

VII. CITY CLERK’S REPORT

VIII. TREASURER’S REPORT

IX. COMMITTEE REPORTS

FINANCE COMMITTEE – TREASURER JASINSKI,CHAIRMAN

(recommendations from the Finance Committee meeting of 7-26-11)

A. Consideration of approval on the Flagg Creek Golf Course FY12 Operating Budget – $1,186,069.

C. Recommendation to approve/authorize Staff to execute agreements with World Data Systems and Dreamco Design – $3380.

ECONOMIC DEVELOPMENT COMMITTEE – SEAN MCDERMOTT, CHAIRMAN

B. Consideration of renewing membership to the Illinois Rt. 66 Scenic Byway.

BUSINESS LICENSE COMMITTEE – ROBERT PONDELICEK, CHAIRMAN

D. Request from T. Phelan to hold a Craft & Vendor Fair fundraiser and raffles for the American Cancer Society, 6200 W. Joliet Road, on October 15, 2011 from 9 am to 3 pm. Request all fees be waived.

E. Request from T. Phelan to hold the 6th Annual Twilight Cancer Shopping Night fundraiser and raffles at 6200 W. Joliet Road on March 10, 2012, 5 pm to 10 pm. Request all fees be waived.

F. Request from A. Quatrochi to hold a Concert for a Cure fundraiser and raffle, 6200 La Grange Road on August 28, 2011 from 11 am to 8 pm. Request all fees be waived.

G. Application to conduct additional activities as part of the Barker’s Shop business license, 1404 W. 55th St. Applicant: Kathy Deets.

HUMAN RESOURCES COMMITTEE – ROBERT PONDELICEK, CHAIRMAN

H. Consideration of a draft ordinance creating the Office of City Attorney.

1. Consideration of approving the Legal Services Continuation Agreement with Raysa & Zimmermann, LLC, effective 7-1-11.

X. CITY ATTORNEY/LEGAL REPORT

A. From Jim Arce, Tavern on La Grange,5403 La Grange Road, requesting a 60-day extension appealing Ordinance 10-53-0 requiring the completion of construction to the banquet facility.

B. ZBA/PLAN recommendation to approve a variance to increase the maximum allowable floor area ratio of 35% to permit construction of a pool enclosure at 9640 56th St. Applicant: Louis Ayala.

C. ZBA/PLAN recommendation re: the Barker Shop, 1418 55th St. Applicant: Kathy Deets for the following:

1. Approval of a special use permitting a dog grooming facility;

2. Approval of a zoning variation permitting the operation of a doggie daycare facility;

3. Approval of a special use permitting construction and operation of an outdoor fenced dog run; and

4. Denial of a variation permitting accepting up to 8 rescue dogs or cats overnight.

D. ZBA/PLAN recommendation re: Matrix Contractors, LLC, 5503 La Grange Road. Applicant: Luke Castrogiavanni for the following:

1. Approval of a special use allowing a plumbing contractors office with less than 50% of its income derived from sales generating occupation or service tax;

2. Approval of a zoning variation permitting a total of 16 parking spaces instead of the required 18 parking spaces; and

3. Approval of a special use permitting operation of a contractor office at 5503 La Grange Road.

XI. ADMINISTRATOR’S REPORT

A. Request to allow invited elected officials and staff to attend Chief Hermes retirement party on August 6, 2011. $50 pp.

B. Request to allow invited elected officials and staff to attend the annual retirement party for the Pleasantview Fire Protection District on August 19, 2011.$40 pp; $25 spouse.

C. Request from Westfield Ford to remove ten parking lot light fixtures and the gate and fencing from the front of the Toyota property prior to demolition.

D. Recommendation to award the demolition bid to N.F. Demolition in the amount of $293,114 for demolition of the Toyota, Ethan Allen, Dodge City and 5539 Peck Ave.

XII. STAFF REPORTS

A. Police Chief

B. City Engineer

C. Asst. City Administrator

1. From Mat Fuller requesting waiving city code requirement that a concrete sidewalk be installed with the addition on his building.

D. Finance Director

E. ESDA Coordinator

XIII. OLD & NEW BUSINESS

XIV. ADJOURN to Executive Session to discuss Secs. 2Ac and 2Aa, real estate and labor negotiations.

XV. RECONVENE TO OPEN SESSION

A. Approval of the IUOE Local #150, Bargaining Unit B contract for a three year term.

Any individual with a disability requesting a reasonable accommodation in order to participate in a public meeting should contact the City Clerk at least 48 hours in advance of the scheduled meeting. The City Clerk can be reached in person at 5550 East Avenue, Countryside, IL., via telephone at (708) 354-7270 or via e-mail at clerk@countryside-il.org Every effort will be made to allow for meeting participation.

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JULY 27, 2011

1. Mayor Krzeminski called the meeting to order at 7:30 p.m. City Clerk Sweeney called the Roll of those physically present as follows:

PRESENT: Mayor Edward Krzeminski, Aldermen: Robert Pondelicek, John Von Drasek, James Jasinski, Sean McDermott, Karen Michalczyk,

ABSENT: Wayne Straza.

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Peck. City Admin. Paul, Police Chief Ruth, Asst. Adm. Peterson, Fin. Dir. Drazner, ESDA Crd. Norman, PC/ZBA Chrm. Fullmer.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES – July 13, 2011.

3. STATEMENT OF BILLS through July 27, 2011: $114,869.70.

4. TREASURER’S REPORT ending June 30, 2011. (previously distributed)

5. Application for a general business license from Steiner Electric, 5408 Dansher Road. Type: Warehousing. Applicant: Richard Keman. (formerly Inland Cutting)

6. From Sokol & Company requesting approval to hold a community bake sale on September 3, 2011 from noon to 4 pm as a fund raiser for the NO KID HUNGRY program at the southwest corner of 55th & East Avenue.

7. From Jiffy Lube, 5550 LaGrange Road, holding a Customer Appreciation Weekend on July 16-17, 2011 in conjunction with the Petfinder’s Big Birthday adoption event.

8. Application for a special use to hold an outdoor party in parking lot from Kenney’s Irish Pub, 917 W. 55th St. on August 27, 2011 from 2-10 pm.

9. Ald. McDermott corrected the minutes of July 13, page 4, item 40 as follows: Asst. Admin. Ms. Peterson met with the City Attorney, Bryan Swanson and the City Engineer to discuss the sidewalk requirement on Plainfield Road for Fuller’s Oil and Lube Station. Staff spoke with Mr. Fuller re: this issue and Mr. Fuller will request an appearance at the July 27, 2011 Council meeting to seek reconsideration of the City’s decision. Ald. McDermott moved to approve the Omnibus Agenda with that correction, seconded by Ald. Von Drasek and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

10. Ald. Pondelicek made two deletions from the Agenda under the Human Resources Committee. Mayor Krzeminski made two additions to the Agenda. Ald. Von Drasek had two FYI items for the Agenda.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

11. Pat Schwartz, 10880 Crestview Road, asked for the purchase price of the Circuit City property and how much Harley Davidson paid for it. Ms. Paul stated that part of their incentive was receiving the building and land. There is an 8-year mortgage on the property and as sales tax is generated by Harley-Davidson the mortgage is paid down. If they vacate prior to that time, the City could foreclose on the property. Treas. Jasinski stated that this anchor tenant will bring in many millions of dollars and change the face of the City. This Council is playing catch-up by reinvesting in the City which was not done in the past 20 years. Ms. Paul will provide the figures.

12. Mr. John Pachak, 5431 – 8th Ave. proposes a Code change in the City re: placement of garbage cans – he proposes the same as cigarette smokers 15 feet away from buildings – garbage cans should be at least 15 feet away from neighbors’ windows and/or doors; it is a health hazard. He provided Council with photos taken showing the progression of the problem. Mayor Krzeminski stated that this matter will be reviewed by Council and taken under advisement.

MAYOR’S REPORT

13. A Proclamation was presented welcoming the Jumping Mustangs warriors to the City on July 28, 2011. They are having a reunion at the William Tell this week. Mayor Krzeminski read aloud and signed the Proclamation welcoming the veterans who served in Vietnam from 1965 to 1971 and who jumped from hovering helicopters into the jungles of Vietnam. Many thanks to those who served and those who made the supreme sacrifice. The Mayor also participated as a volunteer in Wheaton last weekend honoring veterans; 12,000 people attended the event.

14. Confirmation of Appointment to a four-year term ending May 2015 for Gail Paul, City Administrator. Mayor Krzeminski administered the Oath of Office to Ms. Gail Paul as City Administrator of the City of Countryside. She received a standing ovation from the audience. Photos were taken.

15. Confirmation of Appointment to a four-year term ending May 2015 for Michael Ruth, Police Chief. Mayor Krzeminski administered the Oath of Office to Michael Ruth as Police Chief of the City of Countryside. Chief Ruth received a standing ovation; many photos were taken.

16. Mayor Krzeminski stated there will be a blood drive in Countryside this Saturday, July 30 from 8 am to 12 noon by Heartland Blood Center. He asked residents to please donate blood if they are able. Participants will receive a free tee shirt and coupon for a free quart of Oberweis ice cream. The Mayor will be present the entire time; he is a frequent blood donor and urged others to donate.

17. Mayor Krzeminski announced that a Countryside resident has obtained the rank of Eagle Scout – the highest honor bestowed by the Boy Scouts. Samir Shah will be presented with this badge at a ceremony on August 4 along with a Letter of Recognition.

COMMITTEE REPORTS

18. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN presented recommendations from the Finance committee meeting of 7-26-11. Consideration to approve the Flagg Creek Golf Course FY12 Operating Budget – $1,186,069. Ald. Von Drasek moved to approve the budget contingent upon finalization of some of the numbers as discussed at the Finance committee meeting, seconded by Ald. Pondelicek and carried unanimously.

19. Recommendation to approve/authorize Staff to execute agreements with World Data Systems and Dreamco Design – $3,380. Ald. Von Drasek moved to approve, seconded by Ald. McDermott and carried unanimously.

20. ECONOMIC DEVELOPMENT COMMITTEE – SEAN MC DERMOTT, CHAIRMAN, presented consideration of renewing membership to the Illinois Route 66 Scenic Byway. The cost is $300. This amount is not in the budget. Ald. Jasinski moved to renew membership, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote – 5/0/1.

21. BUSINESS LICENSE COMMITTEE – ROBERT PONDELICEK, CHAIRMAN, presented the request from T. Phelan to hold a Craft & Vendor Fair fundraiser and raffles for the American Cancer Society, 6200 W. Joliet Road on October 15, 2011 from 9 am to 3 pm. They requested that fees be waived. Ald. Pondelicek stated that the committee has agreed not to waive any fees. Ald. Von Drasek moved to approve, seconded by Ald. Jasinski and carried unanimously.

22. Request from T. Phelan to hold the 6th Annual Twilight Cancer Shopping Night fundraiser and raffles at 6200 W. Joliet Road on March 10, 2012, from 5 pm to 10 pm – request all fees be waived. Ald. Pondelicek stated that the committee agreed not to waive fees. Ald. Jasinski moved to approve and include the fees, seconded by Ald. Von Drasek and carried unanimously.

23. Request from A. Quatrocchi to hold a Concert for a Cure fundraiser and raffle, 6200 LaGrange Road on August 28, 2011 from 11 am to 8 pm – request all fees be waived. Ald. McDermott moved to approve and include the fees, seconded by Ald. Michalczyk and carried unanimously.

24. Application to conduct additional activities as part of the Barker’s Shop business license, 1404 W. 55th St. Applicant: Kathy Deets. Mayor Krzeminski stated that Ms. Deets asked to have this matter continued to the next meeting.

25. Ald. Michalczyk stated that the Infrastructure Committee will meet next Tuesday, August 2 at 5:30 p.m.

26. Ald. Von Drasek stated that youngsters have been vandalizing the golf course after dark. The Police Chief has a new tool that may be effective in dealing with this problem. Chief Ruth described the low light heat sensing unit that will be tested for the next three weeks. It is an excellent tool used in foot pursuit; this is a great opportunity to use this instrument. Ald. Von Drasek stated that if residents see flashlights on the golf course, call the police.

27. Ald. Von Drasek congratulated both City Admin. Gail Paul and Police Chief Michael Ruth on their reappointments. They serve our community very well and put in many long hours. The Chief has been known to take night patrol; thanks for protecting the community. Gail Paul has burned the midnight oil on several occasions getting the deals in order to shore up tax dollars so that the City may continue to provide services that residents are accustomed to receiving. When the development is done, property tax will be eliminated. If you seek facts, get them from the City Staff; don’t spread rumors.

28. Ald. Jasinski, as new Chairman of the Recreation Committee, stated that there will be a meeting next Monday, August 1 at 6 p.m. at City Hall.

29. Ald. Jasinski reminded residents that three concerts remain on the City’s schedule. He urged residents to come out Thursday evening at Countryside Park. This week the band is Standing Room Only and the food vendor is Vito’s Pizza with Grand Canyon burgers and chips. Even though the heat has been terrific, the Mayor and Ms. Peterson got the Fire Department to provide giant misters to provide cooling mist for attendees; we still had 150 people. So come out and enjoy the concert.

LEGAL REPORT

30. Mr. Peck presented the request from Jim Arce, Tavern on LaGrange, for a 60-day extension appealing Ordinance 10-53-O requiring completion of construction to the banquet facility. This is his fourth request for a variance with regard to off-street parking. He is making progress on the basement banquet facility but has not completed it. Ald. McDermott moved to approve the 60-day extension, seconded by Ald. Pondelicek. Ald. Von Drasek asked if he is current on fees owing to the Building Department. Ms. Peterson said he is not. He owes $1,882 since October. Ald. McDermott amended the motion to include the extension is contingent upon payment of late fees within two weeks, seconded by Ald. Von Drasek with the correction. Motion carried unanimously by voice vote.

31. Mr. Peck presented the PC/ZBA recommendation to approve a variance to increase the maximum allowable floor area ratio of 35% to permit construction of a pool enclosure at 9640 – 56th St. Applicant is Louis Ayala. On July 5, 2011, the applicant appeared before the PC/ZBA for a zoning variation permitting an increase in the FAR from 35% to 38%, to permit the construction of a pool enclosure attached to the existing single family residence upon the real estate commonly known as 9640 – 56th St. After hearing all the evidence and testimony, the PC/ZBA found that the petitioner established the requirements for the variance and granted the zoning variation subject to the construction being in substantial conformity with Petitioner’s Exhibit A, copy of a site plan attached to the recommendation, and that the use be established within six months from the effective date of the ordinance. Ald. Pondelicek moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-45-O.

32. Mr. Peck asked that the next four recommendations re: the Barker Shop, be tabled to the next meeting. Ms. Deets was in an accident over the weekend. Ald. McDermott moved to continue this matter to the next meeting, seconded by Ald. Pondelicek and carried unanimously.

33. Mr. Peck presented the next three PC/ZBA recommendations re: Matrix Contractors, LLC. 5503 LaGrange Road; Applicant: Luke Castrogiavanni. On July 5, 2011 the applicant appeared before the PC/ZBA for a special use allowing a plumbing contractor’s office with less than 50% of its income derived from sales generating occupation or service tax on property commonly known as 5503 LaGrange Road. After hearing all the evidence and testimony, the PC/ZBA found that the petitioner established the requirements for the special use and granted the special use subject to the following condition: – that the office is built in substantial compliance with Petitioner’s Exhibit A, attached hereto, and that use is established within six months. Council discussed the fee in lieu of taxes. Both the applicant, Mr. Castrogiavanni and PC/ZBA Chairman Fullmer explained that the company has a resale license and they will be selling product to customers from their showroom thus generating sales taxes for the City. Ald. Von Drasek moved to concur, with that clarification, seconded by Ald Michalczyk and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-46-O.

34. Mr. Peck presented the PC/ZBA recommendation re: Matrix Contractors. On July 5, 2011 the applicant appeared before the PC/ZBA for approval of a zoning variationpermitting a total of 16 parking spaces instead of the required 18 parking spaces on the property commonly known as 5503 LaGrange Road. After hearing all the testimony and evidence, the PC/ZBA found that the petitioner established the requirements for the zoning variation and they approved the variance subject to the following condition – that there be no outside overnight parking of delivery trucks on the premises and that use be established within six months. Ald. Von Drasek moved to concur, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-47-O.

35. Mr. Peck presented the third PC/ZBA recommendation on the same property. On July 5, 2011 Matrix Contractors appeared before the PC/ZBA seeking a special use permitting operation of a contractor’s office at 5503 LaGrange Road. After hearing all the testimony and evidence, the PC/ZBA found that the petitioner established the requirements for a special use. The PC/ZBA granted the special use subject to the following conditions – that such office is built in substantial compliance with Petitioner’s Exhibit A, attached hereto; that all construction is in compliance with City Codes; and that use be established within six months. Ald. McDermott moved to concur, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-48-O.

ADMINISTRATOR’S REPORT

36. City Admin. Ms. Paul presented the request to allow invited elected officials and staff to attend Chief Hermes’ retirement party on August 6, 2011. The cost is $50 per person. Ald. Von Drasek stated that Chief Hermes was instrumental in assisting the City with the TIF District. Ald. Von Drasek moved to approve, seconded by Ald. Michalczyk. This item is not in the budget. Mayor Krzeminski stated that other unbudgeted items of this nature have been denied. He will attend the dinner but has already paid his attendance and believes Staff should do the same. There will only be two people attending. Motion carried by Roll Call vote – 5/0/1.

37. Ms. Paul presented the request to allow invited elected officials and staff to attend the annual retirement party for the Pleasantview Fire Protection District on August 19, 2011 – for all firemen besides the Chief who have retired in the past year. One of the retirees is fire Marshal Dan Tholotowsky who has worked for many years with the City of Countryside. This is an unbudgeted item as well. Ald. Von Drasek moved to approve, seconded by Ald. McDermott and carried by Roll Call vote – 5/0/1.

38. Ms. Paul presented the request from Westfield Ford to remove ten parking lot light fixtures plus the gate and fencing from the front of the Toyota property prior to demolition. Treas. Jasinski stated that Westfield Ford is one of the top ten sales tax producers in the City. Ald. McDermott moved to approve, seconded by Ald. Michalczyk and carried unanimously. Mayor Krzeminski asked whether that cost could be removed from the demolition bid. Ms. Paul stated that all bidders were aware of this possibility prior to the bid process.

39. Ms. Paul presented the recommendation to award the demolition bid to N.F. Demolition in the amount of $293,114 for demolition of the Toyota, Ethan Allen, Dodge City and the residence at 5539 Peck Ave. (which will be converted into a park for the Triangle Area). Ald. McDermott moved to approve, seconded by Ald. Michalczyk and carried unanimously.

40. Ms. Paul read aloud a note thanking the City’s Public Works Department for doing a tremendous clean-up job after the storm two weeks ago. Countryside was in excellent condition compared to neighboring towns. There was a quick response by the Public Works Department that kept the City clean. Keep up the good work. Mayor Krzeminski asked that a copy of the letter be sent to the Public Works Department.

STAFF REPORTS

41. Police Chief Ruth stated that the Countryside Police Department will be hosting a Citizen’s Police Academy. This is a 12-week program which will run from August 25 to November 3 here at City Hall from 7-9 p.m. one evening per week. The program is designed to familiarize participants with the organizational structure and operation of various units within the Countryside Police Dept. Topics to be covered include criminal and civil law, crime prevention, juvenile law, evidence gathering, traffic stops, 911 communications, K-9 units, etc. This program promotes cooperation while acting as a partnership between the City staff, the police officers and the community. There will be no budgetary impact. Chief Ruth will send an email blast to residents and businesses announcing the program; it is open to anyone who lives, works or volunteers in the City of Countryside.

42. Asst. Admin. Ms. Peterson presented the request from Mat Fuller to waive City Code requirements that a concrete sidewalk be installed with the addition on his building at 5620 Brainard. She provided Council with the past history of this matter. At the June 22, 2011 Council meeting the City Council adopted Ordinance 11-44-O a special use amending the previous ordinance re: Fuller’s Market and Lube. The original motion was amended to include a sidewalk installation on the north side of Plainfield Road. With any new addition, the City Code requires installation of a sidewalk. Mr. Fuller requests that the City Council reconsider its motion. Staff contacted the Cook County Department of Highways. The staff engineer stated that Mr. Fuller has enough ROW on Plainfield Road for a sidewalk, however, he would also need to install curb and gutter which would then require him to install drainage as well.

43. Mr. Fuller stated that two telephone poles will block the sidewalk on each end. There is a storm drainage sewer that drops down three feet. His engineer will not design a sidewalk; it doesn’t fit without affecting the storm drainage. If there was normal ground work he would be happy to install the sidewalk but because of it’s layout it will not fit. Ald. McDermott is concerned with the need for a crosswalk so school children can cross the street safely; it is a public safety issue. Mr. Fuller agreed to pay for the crosswalk to be built. Ald. McDermott will meet with Mr. Fuller and City Eng. Fitzgerald to discuss building a proper crosswalk, and return to Council with a recommendation.

44. Mayor Krzeminski thanked ESDA Coordinator Norman and his crew for doing a terrific job again over the weekend.

ADJOURNMENT

45. Mayor Krzeminski sought a motion to adjourn to Executive Session under Section 2Ac and 2Aa of the Open Meetings Act for the purpose of discussing real estate and labor negotiations, after which time Council will reconvene in Open Session. Ald. Von Drasek moved to adjourn to Executive Session, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

Mayor Krzeminski declared the meeting recessed at 8:25 p.m.

* * * * *

46. The Regular City Council meeting returned to Open Session with the same members present at 9:12 p.m.

47. Mayor Krzeminski presented approval of the IUOE Local #150, Bargaining Unit B contract for a three-year term. Ald. Von Drasek moved to approve the contract as presented, seconded by Ald. Michalczyk and carried by Roll Call vote – 5/0/1. Passed by Resolution No. 11-11-R. Ms. Paul and Ald. Pondelicek were congratulated on doing a great job.

48. Treas. Steve Jasinski stated he was on the HR committee as a non-voting member along with two voting members; the committee discussed very sensitive material. Mayor Krzeminski stated that sensitive material should be covered in Executive Session but any committee making recommendations to the City Council must have minutes. There was no HR Committee when he was on the Council. The HR committee makes recommendations to the City Council without any paperwork backing it up. Treas. Jasinski stated it was due to the litigious nature of many matters and to discuss sensitive issues like discipline and wages; it puts the City Administrator in a tough position to discuss these matters in Open Session. The HR Committee should open and immediately go into Executive Session to discuss sensitive material.

49. Ald. Pondelicek stated that it must be published and made an Open Meeting. Ald. Pondelicek stated that the HR Committee was composed of two Aldermen and Treas. Jasinski, a non-voting member, so they could discuss issues without the fear of misinformation getting out; it worked fine. Attorney Peck was unaware of this situation. He stated that three individuals constitute a committee; they are required to give notice 48 hours prior to a meeting. Ald. Michalczyk stated that there must be a way to discuss personnel and discipline without having to post notice, etc. Atty. Peck suggested calling the meeting and then going immediately into executive session. There is no prohibition in calling individuals privately to discuss matters, but not on a conference call or speaker phone. You cannot violate the requirements of the Open Meetings Act.

50. Mayor Krzeminski recommends setting up a special task force to meet about one particular issue – but the record must be maintained. Atty. Peck stated that if an HR issue arises that Ms. Paul brings to the Mayor’s attention, he could ask two Aldermen to call her to discuss this specific issue and come up with a game plan. That is not a violation of the Open Meetings Act. But when two Aldermen meet as an HR committee that makes a recommendation to City Council, you must comply with the Open Meetings Act. Treas. Jasinski retracted his previous statement.

ADJOURNMENT

Ald. Von Drasek moved to adjourn the meeting, seconded by Ald. Jasinski and carried unanimously.

Mayor Krzeminski declared the meeting adjourned at 9:20 p.m.

SHARON SWEENEY, CITY CLERK