1/13/2009 City Council Meeting

[Ted]

  Here is the agenda for the 1/13 city council meeting.  It looks like the most interesting items will be the veto of the filling of the two sergeants positions; the Salerno's situation; Sunday hours at the library and a proposed increase in the gasoline tax by 2 cents and an increase in the amount we pay for vehicle stickers.

            BERWYN CITY COUNCIL MEETING
JANUARY 13, 2009

DEAR ATTENDEE.....THE MAYOR AND CITY COUNCIL WELCOME YOU. PLEASE KEEP IN MIND THAT THIS IS A MEETING OF THE MAYOR AND COUNCIL MEMBERS AS OPPOSED TO A PUBLIC HEARING WHERE ATTENDEES ARE ENCOURAGED TO PARTICIPATE. UNLESS INVITED BY THE MAYOR TO SPEAK, YOU ARE REQUESTED NOT TO INTERRUPT. IF YOU ARE RECOGNIZED BY THE MAYOR, PLEASE PREFACE YOUR REMARKS BY STATING YOUR NAME AND ADDRESS FOR THE RECORD. THANK YOU.
MICHAEL A. O'CONNOR                                                                                       THOMAS J. PAVLIK
MAYOR                                                                                                                            CITY CLERK
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AGENDA
ROLL CALL

(A) PLEDGE OF ALLEGIANCE - MOMENT OF SILENCE

(B) OPEN FORUM - (TOPIC MUST NOT BE ON THE AGENDA)

(C) PRESENTATION OF PREVIOUS MEETINGS MINUTES FOR APPROVAL
1. REG-12/23/08-COW-12/23/08-PUBLIC HEARING 12/23/08

(D) BID OPENING - TABULATIONS

(E) BERWYN DEVELOPMENT CORP.-BERWYN TOWNSHIP/HEALTH DISTRICT

(F) REPORTS AND COMMUNICATIONS FROM THE MAYOR
1. PROCLAMATION- JOANNE ZENDOL DAY
2. PROC- MORTON WEST H.S. VARSITY BOYS BASKETBALL TEAM DAY
3. PROC-MORTON WEST H.S. DRAMA CLUB DAY
4. MAYOR-PARKING 32ND ST AND HARLEM
5. MAYOR-LIBRARY BOARD-APPT-ROXANNE FAULDS
6. MAYOR-LIBRARY BUDGET AND SUNDAY HOURS
7. MAYOR-PROMOTION TO SERGEANT
8. MAYOR-REQ-FUNDING FOR MAPLE POOL

(G) REPORTS AND COMMUNICATIONS FROM THE CITY CLERK
1. CLOSED COW MINUTES-OCT 7, 14, 28, NOV. 11, 24, 25, DEC 9, 2008

(H) COMMUNICATIONS FROM ( ZONING) BOARD OF APPEALS

(I) REPORTS AND COMMUNICATIONS FROM ALDERMEN, COMMITTEES OTHER BOARDS AND COMMISSIONS
1. CHAPMAN-INCIDENT AT 3248 GROVE AVENUE
2. F&P COMM-FIRE GREVIENCE

(J) STAFF REPORTS
1. DEFER-LAW DEPT-SISTER CITY ORDINANCE
2. LAW DEPT-REMOVAL OF ITEMS FROM LAW DEPARTMENTS REFERRAL LIST
3. LAW-SETTLE CASE NO. 07 WC 47946(IL WORKERS COMP COMMISSION)
4. BUILDING DIR-DISPOSAL OF TWO INSPECTOR VEHICLES
5. FINANCE DIR-AMEND-ORD-895.02-GASOLINE TAX INCREASE
6. FINANCE DIR-AMEND-ORD-462.05-VEHICLE STICKER INCREASE

(K) CONSENT AGENDA: ALL ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED IN ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCIL MEMBER SO REQUESTS, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS THE FIRST ITEM AFTER APPROVAL OF THE CONSENT AGENDA
1. BUDGET CHAIRMAN-PAYROLL-12/24/08-$837,998.31 & 1-7-09-$845,271.27
2. BUDGET CHAIRMAN-PAYABLES-1/13/09-$1,116,192.78
3. BUILDING DIR-BUILDING PERMITS ISSUED-DECEMBER, 2008
4. DAY-HANDICAP SIGN-VIRGINIA CLIFFORD-2313 HARVEY-DENY
5. DAY-HANDICAP SIGN-JUAN RAMIREZ-2248 ELMWOOD-DENY
6. ERICKSON-HANDICAP SIGN-MARIA ROMAN-1406 ELMWOOD-APPROVE
7. ERICKSON-HANDICAP SIGN-BLANCHE BAVONE-1449 MAPLE-APPROVE

ITEMS SUBMITTED ON TIME _25_
______________________________
THOMAS J. PAVLIK - CITY CLERK
In accordance with the provisions of the Americans with disabilities Act, any individual who is in the need of a reasonable accommodation in order to participate in or benefit from attendance at a public meeting of the City of Berwyn should contact Thomas J. Pavlik, City Clerk at 708/788-2660 as soon as possible before the meeting date.

[Ted]

  This is a summary of the city council meeting that occurred on January 13, 2009. Alderman Ramos was absent from the meeting.

COW Meeting -

  In the public part of the COW meeting, a new proposal has been put forth for the Berwyn Bank building block. A developer has proposed buying the area to the west of the bank building for $1.4 million dollars and buy the bank building for $1. There will be a medical office built on the vacant land and the developer would renovate the bank building and try to turn it into retail space. The developer would receive $500,000 in TIF funds and another $400,000 from the city. Alderman Phelan voiced concern that the developer had sat for 2 years and was now coming to the citu for $800K to $900K and would be on the hook to do something for only $500K. There was also concern expressed that there was no guarantee that turning the bank into retail space would work.


City Council meeting

1) Gas tax and vehicle sticker fee increase - The proposed increase in the gasoline tax from 1% to 3% and the increase in the vehicle sticker fee of $5 was voted down.  The mayor stated that the 2009 would be in the red without the taxes and that salaries would have to be frozen next year without the increase.

  Aldermen Chapman, Skryd, Phelan, Lovero adn Erickson voted NAY on the gas tax increase while Aldermen Weiner and Day voted AYE. Alderman Chapman stated that she was voting NAY because it would hurt the businesses of gas stations in Berwyn and people would just go to neighboring cities to get gasoline. Alderman Lovero echoed the sentiments expressed by Alderman Chapman and stated that the reason the gasoline tax was decreased in 1998 from 2% to 1% was because people were going to neighboring communities. The mayor disputed Alderman Lovero's recollection about why the gasoline tax was decreased in 1998.

On the vehcile sticker fee vote, Aldermen Weiner, Day and Lovero voted AYE to increase the vehicle sticker tax while Aldermen Chapman, Skryd, Phelan and Ercikson voted NAY.  Alderman Chapman complained about the fact that the city had a new city stamp or logo or letter head (not sure which) indicating that Berwyn was celebrating its 101st anniversary in 2009.  Alderman Chapman stated that not spending money on the new city stamp/logo/letter head would have precluded an increase in the vehicle sticker fee. Alderman Chapman also stated that the city should go back to having vehicle stickers that were in black and white rather than in color to save money.

  Alderman Lovero stated he wanted to see the police department do a better job of enforcing the law that cars in the city must have vehicle stickers.  On both votes, Alderman Skryd stated she was voting NAY because the economy was bad and that the city should not be asking for increases in taxes or fees.


  The mayor then told the city council that by not increasing the gas tax and vehicle sticker fees, the city budget for 2009 would be in the red. The mayor called for two special COW meetings on 1/15 and on 1/22 to address the budget shortfall due to not voting for the tax increases. Alderman Chapman asked whether it was worth her time attending, stating that the mayor always shot down her suggestions for changes in the budget.  The mayor stated that this was a "budget workshop" and that all suggestions would be welcome.


2. Veto of sergeants positions - The mayor presented his veto of the motion that passed in the 12/23 city council meeting to promote two people to sergeants positions. The mayor stated that this was a cost cutting measure and that it was hurting the city to "turn blue collars into white collars". The mayor claimed that the two sergeants positions had been replaced in the 2009 budget with 3 street officers.

  Alderman Chapman claimed that the mayor had not investigated what the increase in the budget would be. Alderman Chapman alleged that the increase in the budget to promote two individuals to sergeant was only $3,000 and that the overtime paid last year to sergeants to work overtime was over $1,000 in a specific two week period. Alderman Chapman alleged that the mayor was vetoing the promotions for political reasons and she implied with her numbers that it is costing the city more money to pay overtime to existing sergeants than it would be to promote two individuals.

  Alderman Lovero made a statement that Police Chief Kushner was "tap dancing" at the last city council meeting and that Kushner did not disagree directly with the mayor at the last city council meeting because he was afraid of losing his job.The mayor responded to Lovero by saying that Lovero's statements were insulting to Chief Kushner. The mayor further claimed that the city council could not force the police chief to promote someone.

Alderman Phelan asked Alderman Chapman why the communication came from Alderman Chapman rather than from Police Chief Kushner himself. Chapman replied that the communication came from the police and fire committee.


3. Fireman injured on treadmill - A fireman using a treadmill injured himself on the treadmill and has sued the city, asking for workman's comp as well as money for pain and suffering.  Because of this incident, the mayor ordered the removal of all exercise equipment form the fire hours.  The firemen's union filed a grievance against the city to stop the removal of the exercise equipment. The recommendation to the police and fire committee by the city attorney's was to deny the grievance but to also keep the exercise equipment in place until the issue was settled by an arbitrator.

The mayor complained about the fact that a fireman was suing the city for pain and suffering and for workman's comp because he had injured himself on a treadmill. The mayor stated he could understand a fireman receiving workman's comp for being injured while fighting a fire but he thought it was ridiculous for the city to have to pay pain and suffering to someone who injured himself on a treadmill. The mayor stated that was why he ordered the removal of exercise equipment from the fire houses. The mayor stated that the firemen could exercise at the gym at the police department.

Alderman Chapman then posed the 'slippery slope" argument - that if the city removed exercise equipment, then the city should also remove lounge chairs because a fireman could also injure himself leaning backwards on a lounge chair and that, by the mayor's argument,  the city should remove all TV remote control devices from fire stations because firemen might injure their thumbs on the remote control.

The mayor responded that if a firemen sued the city asking for pain and suffering for injuring his thumb on a TV remote control, then yes, the mayor stated he would order the removal of remote control devices from the fire houses.

  Alderman Lovero claimed that the city did not buythe exercise equipment and stated it was paid for out of the firemen's fund. Therefore, the city could not remove the equipment.

  Ultimately the city council voted to not deny the grievance and allow the exercise equipment to stay in the firehouses by a vote of 4 to 3. Alderman Day stated he voted to deny the grievance because he wanted to follow the city lawyer's recommendation to deny the grievance, leave the exercise equipment in the fire houses and let an arbitrator decide.


4. Salerno's - The mayor announced that the city will be holding a liquor license hearing on January 16 about a recent incident at Salerno's where the city found over 260 people crowded into an area that is licensed for only 140 people. The mayor stated that Salerno's has violated the law and that Salerno's will be held accountable. The mayor stated that the incident was addressed immediately when it was found out.

  Alderman Chapman stated that Salerno's should not be operating with its liquor license without serving food and that folding up tables to create a dance club was contrary to the liquor license that Salerno had. Salerno's had paid a liquor license fee to allow for a higher amount of space. Alderman Chapman made a motion to refund Salerno's its increased fee of $500 and that all information about previous police incidents and liquor license hearings involving Salernos' should be sent to her.

  Alderman Weiner stated that he was fine with Alderman Chapman getting as much information as she wanted but he was opposed to refunding the $500 that Salerno's paid to change its liquor license. Alderman Chapman's original motion was voted down, with 4 NAYs and 3 AYEs.  Alderman Chapman then made a second motion to ask for police incident reports and liquor hearings involving Salernos and that passed.


5. 1996 vehicles - There was a motion on the agenda to dispose of two city vehicles that were 12 years old. Alderman Chapman objected to the disposing of the vehicles, saying that one vehicle had only 57,000 miles on it while the other vehicle had just over 80,000 miles. Alderman Chapman claimed that all the city needed to do was fix the transmission.

   The mayor responded that both vehicles had had a long history of maintenance that was costing the city money and that it would be better to dispose of the vehicles rather than continue to maintain them. Alderman Chapman asked to see the maintenance history. The mayor responded that Alderman Lovero had the maintenance history. Several other alderman asked to see the maintenance history so the item was deferred for 2 weeks and copies of the maintenance history will be sent to all aldermen.


6. Sunday hours at the library - The city council approved having the library be open on Sundays. It was stated that this could be done within the approved 2009 budget.


7. Maple pool - The funding for the Maple pool was withdrawn at the request of Joe Vallez of the North Berwyn Park District.


8. Sister cities - The council approved an ordinance making Berwyn part of the Sister City program. It was asked how much it would cost Berwyn to be part of the sister city program and the answer was $685.  There was discussion as to whether this $685 was in the budget and whether it needed to be added to the budget.  Aldermen Phelan and Erickson voted NAY and the other aldermen voted AYE.


9. Fireman's pension fund - A Berwyn fireman who lives in Orland Park spoke in the open forum of the meeting again criticizing the city for not funding its share of the pension fund. The gentleman claimed that a circuit court had ruled in favor of the fireman's union and that the city would be forced to contribute more to the pension fund. The fireman claimed that firemen could not receive social security and that the fireman's pension fund was not secure in its funding such as other funds such as the IMRF (Municipal Retirement Fund??).


10. Honors and proclamations - Joanne Zendol, the Morton basketball team and the Morton drama club were all honored with proclamations.

[OakParkSpartan]

The gasoline tax was proposed to increase from $.01 per gallon to $.03 per gallon, not per cent.  It was interesting to hear the economists come out in full force tonight.  A difference of 2 cents is not going to cause a mass exodus of gasoline purchases in Berwyn.

Chapman felt there could be a savings of $1 to $2 per city sticker.  I think she is nuts. 

If the city owns the firestation, why CAN'T it remove equipment?  If a firefighter brings in a whirlpool, because the city did not purchase it, Ald. Lovero would not remove it?  If the firemen are working out with equipment provided by those funds, there is no reason why they should not then be required to pass a fitness test.  As for the argument they are required to be fit, then they can work out on their free time, just like the police or any other city worker.

I believe the mayor stated that Lovero's statement that Chief Kushner is afraid for his job was dumbest thing he's ever hear in his 12 years of council.


At what point do the aldermen understand that they cannot keep cutting revenue and expect employees (who are the biggest expense) to keep their jobs?  Their stupid political games are getting tiring and are just an impediment to addressing more important issues.

[Ted]

  I think the mayor was particularly angry about the fireman's law suit because the law suit is allegedly claiming that the injury was "in the line of duty" because exercising to keep in shape was part of the fireman's job.

  It does raise an interesting issue in my mind - if the fire house is a fireman's "home away from home" and the injury occurred on exercise equipment that was not owned by the city, is this an "on the job" injury or is this an "at home" injury?

  If firemen are going to claim that they are Berwyn residents because they spend 1/3 of their time "living" at a Berwyn fire house, then I would think that hurting yourself on a treadmill was a "home" injury, not an "injury in the line of duty".

  Ted

[Berwyn Patsy]

As usual though it sounded to me like not only was Alderman Chapman a little nuts,
again the Mayor comes across as also a little crazed!
Alderman Chapman (I think she feels a lot like myself in regards to OC) is going to
pick apart every move of OC's. No surprise here.  He in return gets angry, spurts off and
the games begin.  He should state his case, and then simply say "next item please". So much
time wasted by bickering. He should set the example.
As far a the gasoline tax hike, it would depend on how your financial situation was, if you
were going to drive out of Berwyn to save 2 cents.
"Ordering" the exercise equipment out of the fire dept.  I bet it was all IN the way OC demanded
that.
Looks like Salerno's might might have slide by for the time being.  I am sure Salerno's does  not mind
paying the fines, when they are most likely to be making $4000-$5000 a night on the weekends.
More time should be spent on honoring Berwyns stars, present and future. The library hours opening
on sundays, was the highlight of the meeting in my opinion.

[FedUp]

How come nobody mentions that when the b-ball team was being honored the Mayor was completly incoherent as to what was going on? Even the boys on the team were asking if he was asleep. What a shame this guy is. If it isn't what he wants to talk about his way then he won't even acknowledge whats going on . The man is a disgrace.

Sure lets put a medical facility in superblock. Tax exempt right?

[Bear]

Is this the same medical facility that wanted the Ahern property?

[FedUp]

Heard that Meijer wants to sign a letter of intent for Cermak plaza. OC doesn't want it. Would rather have F4L. Go figure.

[FedUp]

Is this the same medical facility that wanted the Ahern property?

Do you mean Marik

[Bonster]

Heard that Meijer wants to sign a letter of intent for Cermak plaza. OC doesn't want it. Would rather have F4L. Go figure.

"I heard that..."

uh huh...

[EC]

The developer for the medical building represents a for profit medical group. Only if the building were to be owned by a non profit group, such as a hospital, would it be tax exempt.

[Bonster]

  It does raise an interesting issue in my mind - if the fire house is a fireman's "home away from home" and the injury occurred on exercise equipment that was not owned by the city, is this an "on the job" injury or is this an "at home" injury?

  If firemen are going to claim that they are Berwyn residents because they spend 1/3 of their time "living" at a Berwyn fire house, then I would think that hurting yourself on a treadmill was a "home" injury, not an "injury in the line of duty".

Yep.  It's home enough for them to be part of city government, so why not?

Felix, what's your take on this added "pain and suffering" along with the comp time deal?

[Bear]

Is this the same medical facility that wanted the Ahern property?

Do you mean Marik

Ah yes...wrong funeral home

[Bonster]

Alderman Chapman is going to pick apart every move of OC's. No surprise here.
So much time wasted by bickering. He should set the example.

SHE should set an example for the DCoB, since they want the power to screw the taxpayers.

[OakParkSpartan]

I didn't see much bickering.

DCOB had three people recording the meeting.  They certainly didn't capture any footage as interesting as this past summer.

[Bonster]

DCOB had three people recording the meeting. 

Who, and where's the footage?

[FedUp]

Footage to be released as a Lifetime Movie Event

[ZORBA]

Only three?

LOL!!!!

[Bonster]

Footage to be released as a Lifetime Movie Event

LMFAO!

[Berwyn Patsy]

This probably should be a whole other thread, but------going back to the fireman
suing the city. This by the way has nothing to do with the fact it's a fireman suing it could be anybody.
How badly was he injured? Was he sucked up under the thread mill and flattened out , like
a pancake, has he lost the ability to walk the rest of his life? Did fall on his face, go blind?  What?
Some people just like to sue, win money, collect workmens comp and not work. I am not saying
this is the case in Berwyn.  Americans love to sue others, I think that can nearly be considered a fact.