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HomeMy WebLinkAbout08/05/1997 CS minutes ,. '. I. MAYOR Gerald L. Farley Phone: (847) 392-6000 Fax: (847) 392-6022 TOO: (847) 392-6064 TRUSTEES George A. Clowes rimothy J. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Daniel A. Nocchi Irvana K. Wilks VILLAGE MANAGER Michael E. Janonis Village of Mount Prospect VILLAGE CLERK . . Carol A. Fields ~ 100 South Emerson Street Mount Prospect, illinoIs 60056 ~(.V MINUTES CLOSED SESSION rJ J.-Y" AUGUST 5, 1997 The CI~d Session was called to order at 9:05 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Litigation and Personnel. Present at the Closed Session were: Mayor Gerald L. Farley; Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer and Daniel Nocchi. Absent from the Closed Session was Trustee Irvana Wilks. Also present were: Assistant Village Manager David Strahl and Village Attorney Everette Hill. Approval of Minutes from April 2, 1997. Consensus was to approve the Minutes as drafted. Minutes from June 10, 1997. Consensus was to approve Minutes as drafted. Minutes from July 15, 1997. Consensus was to approve Minutes as drafted. Litigation Easy Riders !Village Attorney Buzz Hill provided a general overview of the tattoo parlor case regarding teel Horses or Easy Riders located on Rand Road. Judge originally found for the Village upholding the Zoning prohibiting tattoo parlors in the community. However, the Judge has granted a new trial which will soon be scheduled. As part of his research, he has been unable to find outright prohibitions of tattoo parlors by Ordinance in other communities. However, he has been able to find Ordinances which allow tattoos to be administered by medical practitioners and such an Ordinance has been upheld in the Courts. He stated the Village may be at risk for this item being overturned due to the total prohibition. He would request the Village Board consider regulating tattoos through approving an Ordinance requiring medical practitioners to administer tattoos. The Village would then dismiss the pending case and Ordinance regulation would apply. Medical practitioner definitions would be similar to an M.D. and would have to be licensed through the State of Illinois. He stated that if such an Ordinance were approved by the Village Board, it would apply to this situation. Consensus of the Yillage Board was to dismiss the case and proceed with the Ordinance regulating tattoo parlors within the Village of Mount Prospect whereby medical practitioners would be the only persons to apply tattoos. . . . ~ RJN Case Village Attorney Buzz Hill stated he is awaiting the finding of damages. He would also like to bring it to the Board's attention that he received outstanding staff support in this Court case and the documentation that every dollar Mount Prospect spent was tracked and ~I justified. Originally the Board had directed Attorney Hill to try and contact the liability insurance provider to arrange a payment schedule, however, RJN has refused to cooperate and will not provide information regarding who their insurance carrier is. Based on the best available information, it is his understanding that RJN is liable for the first $200,000 of this claim. Buzz felt that the Village has proved at least $575,000 worth of damages and due to some payments which have been withheld by the Village, the final claim payment would be in the vicinity of $475,000-$500,000. He stated that the Village could register a lien against the business in order to satisfy the claim. He would recommend getting a judgment for as muc~ of the $575,000 as possible and he would advise the Judge that RJN has not cooperated as they were directed by the Judge in this case. Consensus of the Village Board was to continue to pursue settlement of the damages in the vicinity of $575,000 minus any outstanding fees the Village owes RJN. j ~ Bustamante v. Village of Mount Prospect , The Village Manager had previously authorized up to $10,000 settlement in this case for a false arrest claim. The plaintiff has accepted a $7,500 settlement and the necessary releases are being drafted at this time. Consensus of the Village Board was to direct staff to process a settlement of $7,500 for this case. lc0personnel ~ Assistant Village Manager David Strahl and Village Attorney Everette Hill were ~ ~ excused from the Closed Session at 9:30 p.m. '< Village Board members discussed the Village Manager's job performance and set another Closed Session on August 19 to discuss the performance with the Village Manager. The Closed Session adjourned at 10:10 p.m. and immediately reconvened into open session. ~espeCtfUIIY submitted, () ~ad~kX DAVID STRAHL Assistant Village Manager DS/rcc X;\USERSIROBERT ACIWINlOFFICE\MEJ\CS\BOSCS.MIN .