HomeMy WebLinkAboutMinutes - 07/26/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 July 26, 2011
MINUTES OF THE JULY 26, 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 26, 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 9:18 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 contact has been made with Michael Butler
and the Butlers have agreed to the enforcement of the restrictive deed, but declined contributing
financially. Village Attorney Friedman informed the Board that the Westmont Park District intends
to file a Complaint if the issue is not resolved. He discussed his conversation with Attorney
Kubiesa regarding the intent of the Westmont Park District. Village Attorney Friedman stated that
the Village of Westmont has scheduled a discussion of the matter on August 11th. He stated that
the Board’s options are: 1) do nothing until something happens; 2) file a preemptive Complaint
for Declaratory Judgment seeking a judge’s ruling that the restrictive covenant is enforceable, and
naming the Butlers as a party. He stated that this is a controversial issue because of potential
development plans of the property. He further stated that the third option is to see what the Village
of Westmont does regarding annexation and subsequent zoning of the property. Village Attorney
Friedman affirmed that the public hearing on the annexation will be discussed at the Village of
Westmont August 11th meeting. Discussion ensued regarding options and action to take.
Direction given to obtain the signature from Michael Butler and determine what Westmont plans
to do.
Community Development Director Kallien exited the meeting at 9:35 p.m.
B) Sky Bar Liquor License Application
Village Attorney Friedman informed the Board that the landlord of the property provided a fully-
executed copy of the Assignment of the Lease which revealed that the Applicant on the Liquor
License Renewal Application is not the tenant. Village Attorney Friedman stated that the Liquor
License Renewal Application is a deceptive document because of this and that the Applicant must
be someone who owns the property and has a contractual right to use the property through a
lease. He further stated that the copy of the Assignment and Amendment of the Lease provided
with the latest Liquor License Renewal Application was re-signed by another individual who was
not on the originally executed Assignment of the Lease. He informed the Board that Lucky Fella,
LLC is the license holder who provided the information in 2010 and again with this renewal, but
that Blue Diamond, LLC is actually on the Assignment of the Lease (which extends the lease for
Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 July 26, 2011
five years). He stated that the Liquor Control Commissioner is prohibited from issuing a license
to someone who does not have the right to use the property. He stated that Blue Diamond, LLC
has not sought a liquor license. He explained that under the Village Code, as soon as a liquor
license is denied, that license classification is reduced by one and would require formal Board
action with a new liquor license application. Village Attorney Friedman stated that for federal
constitutional purposes notice and an opportunity to be heard is required if a denial is issued. He
informed the Board that the Village will subpoena documents from Lucky Fella, LLC and at the
same time provide notice to them of a public liquor hearing.
C) Peterson Case
Village President Lalmalani discussed a recent meeting with the Executive Director of the
Fraternal Order of Police (FOP) and that it was made clear that the FOP and Mr. Peterson are
mainly interested in reinstatement. Village Attorney Friedman discussed the administrative review
and grievance actions and discussion ensued regarding non-response to grievance and judge’s
potential perception of case. Village Attorney Friedman stated that the outcome of the
administrative review has probably a 50/50 chance of the BFPC being upheld. Regarding the
grievance, he stated that it is based on the applicability of the arbitrator’s decision and determined
by whether it is retroactive or not.
4. THE PURCHASE OR LEASE OF REAL PROPERTY FOR USE OF THE PUBLIC BODY,
INCLUDING MEETINGS HELD FOR THE PURPOSE OF DISCUSSION WHETHER A
PARTICULAR PARCEL SHOULD BE ACQUIRED (2C5).
A) 35th Street and Rt. 83 Property (Westmont Billboard Issue)
Community Development Director Kallien re-entered the meeting at 10:04 p.m.
Village Manager Niemeyer informed the Board regarding the possibility of a digital billboard being
installed at a property owned by a private developer at 35th Street and Route 83. He explained
the lease/purchase terms between the owner and the Village of Westmont and also talked about
a possible water tower on the property. He and Village Attorney Friedman stated that the legal
options of restricting use of a property in another municipality are probably limited. Community
Director Kallien stated that the access of the property is controlled by Oak Brook. Discussion
ensued regarding the subdivision in close proximity possibly contributing to a purchase of the land
and other options.
Community Development Director Kallien exited the meeting at 10:19 p.m.
5. TO CONSIDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE,
PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY OR
LEGAL COUNSEL FOR THE PUBLIC BODY, INCLUDING HEARING TESTIMONY ON A
COMPLAINT LODGED AGAINST AN EMPLOYEE OF THE PUBLIC BODY OR AGAINST
LEGAL COUNSEL FOR THE PUBLIC BODY TO DETERMINE ITS VALIDITY (2C1).
A. Police Issues
• Communication Center
• Police in General
• Police Chief Search Committee
Acting Police Department Director Steve Larson, Fire Chief Tom McEllin and Police Lieutenant
Jeff Weber entered the meeting at 10: 21 pm.
Village Manager discussed some of the personnel issues in the Communications Center – specific
performance issues, training and staffing levels in relation to utilization of Norcomm employees
Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 July 26, 2011
and how the issues affect the service to the residents. Acting Police Department Director Larson
handed out a brief synopsis of performance-related problems and that looking back three or four
years, the Communications Center was providing a substantially different level of service. Fire
Chief McEllin stated that consolidated dispatching can provide the level of service expected by
residents, especially in the event of a large event. Village Manager Niemeyer and Assistant
Village Manager Wing explained that the Village cannot simply replace problematic employees
because the Communications Center is so short-staffed and the training can take four months for
a dispatcher.
Fire Chief McEllin and Lieutenant Weber exited the meeting at 10:33 p.m.
Village Manager Niemeyer discussed comments made by residents and elected officials in regard
to alleged corruption in the Police Department and alleged illegal/inappropriate activity by Police
personnel. Acting Police Department Director discussed morale, the negative perception of
Police personnel and retaliation concerns. Discussion ensued regarding same and need for an
investigation to bring closure. In response to a Trustee’s query regarding secondary employment
of officers at the Butterfield Country Club, Acting Police Department Director Larson stated that
there are no officers working at the Club and that such secondary employment had been cancelled
by former Chief Sheahan. An allegation was reported about officers entering two homes under
the guise of an alarm going off. Discussion ensued regarding conducting an investigation of the
Police Department.
Acting Police Department Director Larson exited the meeting at 11:02 p.m.
Further discussion ensued regarding the Communications Center and DuComm.
Trustee Manzo provided a brief report regarding the police chief selection process.
6. ADJOURNMENT
Motion by Trustee Aktipis, 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 11:12 p.m.
ATTEST:
______________________________________
Charlotte K. Pruss
Village Clerk