HomeMy WebLinkAboutMinutes - 03/26/2013 - Board of Trustees (2) MINUTES OF THE MARCH 26, 2013 REGULAR CLOSED MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON MAY 14, 2013.
1. CALL TO ORDER
The Closed Meeting of March 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 9:38 p.m.
2. ROLL CALL:
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 Gerald Wolin, Trustee Asif Yusuf, Trustee Elaine
Zannis
ABSENT: None
IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant
Village Manager Blaine Wing, Police Chief Jim Kruger, Finance Director Sharon
Dangles, Attorney Dominick L. Lanzito
3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE OR IMMINENT LITIGATION
MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT,
RESPECTIVELY
A. Hotel Online Tax Litigation
Village Manager mentioned that he had given the Board a brief update on this issue four weeks
ago regarding a group of communities looking to take litigation against some of the online travel
companies for the lower rate of taxes. He stated that Attorney Lanzito was present to discuss
the litigation process.
Attorney Lanzito of Peterson, Johnson & Murray, SC, discussed his firm and other firms who are
involved in online travel litigation. He stated that online travel companies buy blocks of hotel
rooms at a wholesale rate and then sell the rooms at a higher price, but only pay taxes on the
wholesale rate. He stated that the hotels would not be parties to the lawsuit nor will the
attorneys go after them for money. Attorney Lanzito stated that he believes the Village’s
ordinance regarding hotel taxes is very strong and inclusive of the online travel companies. He
stressed that if they lose the class action lawsuit, the Village pays nothing and can decline a
settlement offer and opt out.
Attorney Lanzito explained the contingency fee, which is one third and non-negotiable.
Attorney Lanzito exited the meeting at approximately 10:11 p.m.
No opposition to participating in the class action lawsuit was expressed, but it was suggested
that feedback from the Chamber be obtained before making a decision.
Finance Director Dangles exited the meeting at approximately 10:14 p.m.
B. Bryce Downey Report Update
Village Manager Niemeyer stated that a request from two trustees for the transcript of another
trustee. Lengthy discussion ensued regarding same and whether all trustees should have
access to the transcripts.
Not Released – 05-13-14
Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 March 26, 2013
C. Tobias
Assistant Village Manager Wing discussed a FOIA filed by a Tribune reporter regarding a former
police officer’s personnel file and explained what had been done regarding this and that another
FOIA request had been filed by the same reporter. Discussion ensued. Assistant Village
Manager Wing discussed the background release candidates sign.
Assistant Village Manager Wing, Police Chief Kruger and Village Manager Niemeyer exited the
meeting at approximately 10:50 p.m.
4. TO DISCUSS APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE,
PERFORMANCE, OR DISMISSAL OR SPECIFIC EMPLOYEES OF THE PUBLIC BODY
PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY
A. Manager’s Evaluation
Trustee Wolin reiterated the process from a previous discussion. Trustee Wolin requested that
the Board rate and make comments on what he will be sending electronically and discussed
weightings. Discussion ensued and consensus to discuss ratings on April 10th.
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
Particular wording in these Minutes was disputed and also comments made on page 3.
Consensus to bring these Minutes back to the next meeting. Village Attorney Friedman
expressed that this happens with detailed minutes.
B. Approval of Closed Meeting Minutes of October 9, 2012
There were no issues with these Minutes.
C. Approval of Closed Meeting Minutes of March 12, 2012
There were no issues with these Minutes.
6. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Wolin, to adjourn the Closed Meeting and
Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 11:05 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk
Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 March 26, 2013