HomeMy WebLinkAboutMinutes - 03/24/2009 - Board of Trustees (3)Village of Oak Brook Closed Meeting Minutes Page 1 of 2 March 24, 2009
revised MINUTES OF THE MARCH 24, 2009 CLOSED MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD
ON APRIL 28, 2009.
1. CALL TO ORDER
The Closed Meeting of March 24, 2009 of the Village Board of Trustees was called to
order by President Craig in the Upper Level Conference Room of the Butler
Government Center at 6:31 p.m.
2. ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn
F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Assistant Village Manager Wing and Mr. Howard P. Levine of DeAno & Scarry.
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. DuPage Housing Authority
Attorney Sterk explained that the DuPage Housing Authority has filed an appeal on
the counts for which they lost. He indicated that he had contacted IRMA regarding
defense of the appeal. They will defend the appeal. He added that if the Village
pursued a notice of cross appeal on the zoning counts, as a bargaining chip, that if
the Village lost, IRMA would not pay those costs. It has been determined that it
would cost approximately $8,000 to $10,000 to write the brief necessary to file a
cross appeal. He felt that the Board should pursue the cross appeal.
Consensus was to direct Mr. Levine, who defended the original case, to prepare a
brief and file a cross appeal on behalf of the Village.
Mr. Levine left the meeting.
B. Mullins Litigation
Manager Niemeyer updated the Board on the recent mediation meeting indicating
that the Village opened the meeting with an aggressive offer of $125,000 and
Village of Oak Brook Closed Meeting Minutes Page 2 of 2 March 24, 2009
IRMA offered $50,000. They responded with $400,000. Ms. Mullins attorney was
called away. It was felt that if their response was not lower than $400,000 that it
would likely not be settled. Attorney Sterk commented that mediation only works
if all parties were willing to be reasonable. He felt that neither IRMA nor Ms.
Mullins were acting in good faith.
Manager Niemeyer described the contents of Mr. Rettburg’s letter which indicated
that he felt it would be very difficult to pursue any action against Kenneth Kubiesa
for legal malpractice.
C.O’Malley/Quinlan Litigation
Manager Niemeyer did not get the update he expected on this issue from IRMA.
D.Richter Litigation
Assistant Village Manager Wing updated the Board on the depositions of the
Richters and the physician who treated Mr. Richter. He felt that there was nothing
significant that came out of those depositions. The attorney representing the
Village still felt that it was a 50/50 proposition as to whether the Village could win
litigation.
Assistant Village Manager Wing indicated that there was a pre-trial conference
shortly and he felt that this would be the time to consider settlement. Trustees
Kennedy and Sanford felt that based on the update provided he felt the Village had
a better than average chance of winning.
4.ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Carson, to adjourn the Closed Meeting
and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion
carried.
The meeting adjourned at 7:16 p.m.
ATTEST:
______________________________________
Charlotte K. Pruss
Village Clerk
/s/ Charlotte K. Pruss