HomeMy WebLinkAboutMinutes - 09/11/2012 - Board of Trustees (3) MINUTES OF THE SEPTEMBER 11, 2012 REGULAR CLOSED
MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED
ON OCTOBER 23, 2012.
1. CALL TO ORDER
The Closed Meeting of September 11, 2012 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 9:52 p.m.
2. ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President Gopal G. Lalmalani, Trustee Michael Manzo, Trustee Mark Moy,
Trustee Gerald Wolin, Trustee Asif Yusuf
ABSENT: Trustee Stelios Aktipis, Trustee Elaine Zannis
IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant
Village Attorney Ben Schuster, Assistant Village Manager Blaine Wing,
Community Development Director Bob Kallien
3. TO CONSIDER THE FOLLOWING PENDING, PROBABLY, OR IMMINENT LITIGATION
MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT,
RESPECTIVELY
A. JSQ Commercial, LLC Lawsuit
Village Attorney Friedman explained that the Village had been served with a lawsuit in mid-
August and that Hub Group and the Village were named defendants. He stated that JSQ
Commercial, LLC (JSQ) is suing because they allege that they were not allowed to develop on
the Clearwater property that Hub is now developing. He stated that JSQ alleges that they were
the first ones to contact the Village regarding the property and were on the verge of signing a
contract with the owner when the Village allegedly told them that this property was one of the
Village’s opportunity sites. They allege that they were told that it was unlikely the Village Board
would act upon a proposal for the site without the consultant making specific recommendations
about what the property’s future use should be. Village Attorney Friedman stated that the
Complaint also alleges that Hub Group came in after JSQ and were given approval to purchase
the property and develop it. Community Development Director Kallien stated that JSQ wanted
to develop the property with all apartments even after it was explained to them that it was an
opportunity site for mixed use. Village Attorney Friedman stated that although JSQ was the first
to contact the Village, that once the desired use of the property was explained, no further
contact was made by JSQ. He stated that the Complaint alleges that the Village was asked by
Hub Group to stall JSQ’s efforts to purchase and develop the property, but on information and
belief only, not fact, and that this is completely false. He stated that this is a personal dispute in
that JSQ claims malice in Hub Group’s actions. Village Attorney Friedman discussed the
indemnification clause in the agreement with Hub Group and stated that the Village is informing
Hub Group in writing that the Village is filing an indemnification claim. He stated that Seyfarth,
Shaw had been approached by Hub Group to represent them and that Seyfarth, Shaw had
requested that the Village waive the conflict of interest clause. Village Manager Niemeyer
stated that the questions for the Board to come to consensus on are: 1. Is it ok to waive the
conflict of interest and allow Seyfarth, Shaw to represent Hub Group?; 2. If the Village’s defense
costs are reimbursed by Hub Group, is it ok to have Holland & Knight handle the Village’s
defense? It was discussed that obtaining the acknowledgement from Hub Group in regard to
the indemnification clause before agreeing to waive the conflict of interest might be beneficial.
Village Manager Niemeyer stated that the claims against the Village are based on a half hour
meeting with JSQ a year or two ago. Village Attorney Friedman stated that if the Board is in
Not Released - 5/13/14
Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 September 11, 2012
agreement, they could proceed with a Motion to Dismiss within two weeks. Consensus to
inform Hub Group of the Village’s indemnification claim, and if acknowledgement is received
regarding same, to proceed with waiving Seyfarth, Shaw’s conflict of interest clause and have
Holland & Knight handle the matter.
4. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn the Closed Meeting and
Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 10:10 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk
Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 September 11, 2012