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HomeMy WebLinkAboutMinutes - 02/26/2013 - Board of Trustees (2) MINUTES OF THE FEBRUARY 26, 2013 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 8, 2013. 1. CALL TO ORDER The Closed Meeting of February 26, 2013 of the Village Board of Trustees was called to order by President Gopal G. Lalmalani in the Upper Level Conference Room of the Butler Government Center at 9:06 p.m. 2. ROLL CALL: President Lalmalani removed Agenda Item #5.B. – Approval of Closed Meeting The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal G. Lalmalani, Trustee Stelios Aktipis, Trustee Michael Manzo, Trustee Mark Moy, , Trustee Asif Yusuf ABSENT: Trustee Gerald Wolin, Trustee Elaine Zannis IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant Village Manager Blaine Wing, Police Chief Jim Kruger, Assistant Village Attorney Ben Schuster, Community Development Director Bob Kallien, Public Works/Engineering Director Mike Hullihan 3. THE PURCHASE OR LEASE OF REAL PROPERTY FOR THE USE OF THE PUBLIC BODY, DISCUSSING WHETHER A PARTICULAR PARCEL SHOULD BE ACQUIRED PURSUANT TO SECTION 2C(5) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. School District Land Sale Village Manager Niemeyer discussed how the sale would be handled and in regarding the sale of Butler School. Discussion ensued regarding this. B. Soundwall Condemnation Village Manager Niemeyer discussed the soundwall issue regarding Tuscan Woods. Public Works/Engineering Director Hullihan explained about the properties involved and that the soundwall must be placed on Oak Brook-controlled property and maintained by the Village. Discussion ensued regarding possibly condemning a small section of the area. Public Works/Engineering Director Hullihan stated that about a 10’ wide easement would be required and explained how the Village is involved. Discussion ensued. Village Attorney Friedman explained the condemnation process and stated that once a condemnation action is filed, the Village cannot go back on it. He also stated that the Village would have to pay market value for the property which is taken. Consensus to attempt negotiation with the property owner opposed to the plan or to threaten condemnation because the property owner has been non-responsive in the past. Community Development Director Kallien and Public Works/Engineering Director Hullihan exited the meeting at approximately 9:30 p.m. 4. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Workers’ Compensation Case Update Assistant Village Manager Wing discussed a workers’ compensation matter in relation to injuries sustained in the last few years by a police officer. He stated that the previously authorized offer Not Released – 05-13-14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 February 26, 2013 of $85,202.21 was presented in court, with the judge agreeing that the offer was reasonable and that now the Village is now awaiting a response from the petitioner. Hotel Tax: Village Manager Niemeyer discussed something which he had just become aware of regarding hotel taxes and sales through internet providers and the Village working with particular attorneys litigating for municipalities to recoup revenue. Discussion ensued. 5. DISCUSSION OF MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THIS ACT, PURSUANT TO SECTION 2C(21) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Approval of Closed Meeting Minutes of August 6, 2012 Discussion ensued regarding amendments to the content of these minutes. Village Attorney Friedman explained that Minutes are supposed to be about what happened, not what was said, unless it concerns something which is very important. He added that minutes should be short and simple and that verbatim minutes are not needed because there is a verbatim recording. Discussion ensued regarding length of time to keep the recordings and developing a format and policy for the minutes. Assistant Village Attorney Schuster stated that individual names do not need to be listed in the minutes, rather a topic summary and board direction. It was suggested that Trustees’ positions regarding divided consensus could be listed. Consensus for the Village Clerk to provide the original version of the August 6, 2012 minutes for comparison purposes. B. Approval of Closed Meeting Minutes of December 11, 2012 – this item was removed from the agenda C. Approval of Closed Meeting Minutes of January 22, 2013 It was agreed that these minutes could be put on a Board agenda for approval. 6. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Moy, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:12 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 February 26, 2013