HomeMy WebLinkAboutMinutes - 07/12/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 July 12, 2011
MINUTES OF THE JULY 12, 2011 REGULAR CLOSED MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK
BROOK APPROVED AS WRITTEN OR AMENDED ON
1. CALL TO ORDER
The Closed Meeting of July 12, 2011 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 9:13 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 and Trustee Zannis
ABSENT: None
IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine
Wing, Village Attorney Peter Friedman, Community Development Director Robert Kallien
3. TO CONSIDER LITIGATION, WHEN AN ACTION AGAINST, AFFECTING OR ON BEHALF OF
THE VILLAGE HAS BEEN FILED AND IS PENDING BEFORE A COURT OR ADMINISTRATIVE
TRIBUNAL, OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR
IMMINENT (2c11)
A) Westmont/35th Street and Cass Issue
Village Manager Niemeyer informed the Board that the Westmont Board of Trustees had not
discussed the issue yet, but that the Westmont Manager stated that he had met with the Westmont
Park District and they were agreeable to the solution of Oak Brook acquiring the property. Village
Manager Niemeyer discussed obtaining an appraisal under the deed restriction of open space
and requested approval from the Board to do this. Consensus given.
B) Tony Stevens Case
Community Development Director Kallien exited the meeting.
Village Manager Niemeyer explained that this person was a former building inspector who claims
that he should have been earning IMRF benefits while working as a part-time building inspector,
over twenty years ago, and retroactive pay he is seeking would amount to about $320,000 plus
$75,000 in attorneys’ fees. Village Manager Niemeyer stated that Attorney Sterk stated that this
is statute of limitations’ issue and that Mr. Stevens should have brought this up years ago. Village
Manager Niemeyer and Village Attorney Friedman explained that IRMA denied coverage of the
claim because they did not consider the damages requested were for a loss. Village Attorney
Friedman discussed that he asked the IRMA attorney to review this again, asking for
indemnification coverage at least. Village Manager Niemeyer suggested that a possible
settlement amount of $50,000 would be equal to attorneys’ fees spent if the matter goes to trial,
but did not think Mr. Stevens would accept that amount. Discussion ensued regarding settlement
and Village Attorney agreed to determine the strengths and weaknesses of the case. Assistant
Village Manager Wing stated that there is now a policy in place that would prevent this from
occurring again.
C) Sky Bar Liquor License Application
Village Attorney Friedman stated that additional information is being reviewed to determine
whether Sky Bar will be able to continue operating under the current A-1 liquor license
classification. He stated that there are also two major inconsistencies with their liquor license
Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 July 12, 2011
renewal application, in the assignment/lease amendment, signatories and proper applicant
regarding ownership. He stated that if the renewal application is denied, Sky Bar may pursue
litigation. Village Attorney Friedman affirmed that the DuPage County Health Department
inspected Sky Bar and at the time of inspection, the establishment was not operating as a
restaurant. He stated that any denial of a liquor license renewal application has to be very clear
as far as non-compliance. Lengthy discussion ensued regarding the inconsistencies and possible
misrepresentation with the renewal application and the DuPage County Health Department.
4. ADJOURNMENT
Motion by Trustee Manzo, 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 10:15 p.m.
ATTEST:
______________________________________
Charlotte K. Pruss
Village Clerk