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Minutes - 02/15/2005 - Board of TrusteesVILLAGE OF OAK BROOK TATE OF ILLINOIS SPECIAL MEETING OF THE BOARD OF TRUSTEES Held on Tuesday, February 15, 2005, commencing at the hour of 7:30 p.m., in Council Chambers, 1200 Oak Brook Road, Oak Brook, Illinois. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PRESENT: VILLAGE OF OAK BROOK KENNETH T. KUBIESA, Attorney (Kubiesa, Spiroff, Gosselar, Acker & Kern) 533 West North Avenue, Suite 204 Elmhurst, Illinois 60126 KEVIN QUINLAN, Village President CAROL HARTY, Deputy Village Clerk RICHARD B. BOEHM, Village Manager STELIOS AKTIPIS, Trustee ELAINE ZANNIS, Trustee JOHN W. CRAIG, Trustee SUSAN CHASE KORIN, Trustee GEORGE T. CALEEL, Trustee ASIF YUSUF, Trustee 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. QUINLAN: I call this meeting to order. I'd like to ask everybody to join myself and the Board in the Pledge of Allegiance. (Whereupon, the Pledge of Allegiance was said by all.) MR. QUINLAN: Carol, would you please call the roll. MS. HARTY: Trustee Aktipis. MR. AKTIPIS: Here. MS. HARTY: Trustee Caleel. DR. CALEEL: Here. MS. HARTY: Trustee Craig. MR. CRAIG: Here. MS. HARTY: Trustee Korin. MS. KORIN: Here. MS. HARTY: Trustee Yusuf. MR. YUSUF: Here. MS. HARTY: Trustee Zannls. MS. ZANNIS: Here. MS. HARTY: President Quinlan. MR. QUINLAN: Here. I'm going to remind everybody this is a special meeting of the Board. That's why 3 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 there's no resident visitor comments. It's also -been to brought to my attention that items 4(A) and 4(B) are being stricken in the agenda due to a court order filed this morning by Judge Wheaton. It has also been brought to my attention that it is the intention of Trustees Aktipis and Zannis, according to this memo from Trustee Aktipis, to present this information in the form of an oral motion. I would caution both that trying to pass the motion not only on the regularly scheduled agenda, which obviously that motion is not, is a violation of the Open Meetings Act. I'm also left to ponder why are we having a special meeting, since these agenda items were continued onto the next regularly scheduled meeting, at a cost of $145 an hour for an attorney, a videographer, and $240 in salaries for the trustees. I'm sure this could have been delayed until the regularly scheduled meeting. With that, Mr. Aktipis, if you'd like to present your motion. MR. AKTIPIS: I believe the order of the motions, Mr. President, is, number one, regarding -- O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 regarding -- it's a motion directing the Village Attorney to prepare an ordinance approving a contract to appoint -- a contract -- not to appoint. It's a contract to engage a investigator which was continued from February 8th, 2005, and I believe Trustee Zannis is making that motion. MS. ZANNIS: Thank you. MR. QUINLAN: Trustee Zannis has a voice. Go ahead. Are you making that motion? MS. ZANNIS: I was going to do some introductory material just to bring everybody up to speed, but -- okay. MR. QUINLAN: There's no discussion until you make a motion. You can make your motion first. Then we can have a discussion. MS. ZANNIS: When I sit at this Board table and there is a motion that I present, there's always introductory material which is followed by my comment. And so therefore, I would like to make a motion, and that's the introductory material that I'm talking about. MR. QUINLAN: Do you have a motion? MS. ZANNIS: Okay. I had asked probably, I 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 don't know, a month ago for a -- for you to allow me the opportunity to seek a second opinion relative to the litigation of the Elmhurst Builders Litigation and the DHA litigation. Upon being denied that, I then asked Attorney Kubiesa at a meeting to prepare an ordinance that would allow me to seek a second opinion about that sub3ect matter, and again I was denied that. So -- and I also asked that he facilitate that being done. So I don't know how else to get the information that I need in order to make a decision as to whether or not action was taken appropriately or not appropriately. So therefore, I would like to make a motion that we, the Village Board, directed the Village Attorney, Attorney Kubiesa, to prepare an ordinance to engage an investigator, which will be determined by us, the Board of Trustees, to help us determine and evaluate the facts and the circumstances pertaining to the duties and obligation of the Village Attorney relating to his or her responsibilities and performance of those duties and responsibilities, as well as the professional and ethical I a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responsibilities of the Village of Oak Brook -- of the Village Attorney to the Village of Oak Brook. I would like the ordinance to provide for a term of agreement not to exceed the term of the president, even though it may exceed one year, and any such other terms that are appropriate from a legal standpoint. I would like the ordinance to be submitted to the trustees this Friday, placed on the agenda for final action this coming Tuesday. So I'm no longer asking for a legal opinion, and I'm no longer asking for legislative counsel. MS. KORIN: Second. MR. QUINLAN: Your motion is out of order. MS. ZANNIS: Because? MR. QUINLAN: It's not on the agenda. MS. ZANNIS: Okay. I would like to appeal that. MR. QUINLAN: If you want to overrule me, you can do that.- Do you understand? MS. ZANNIS: Well, I have a legal question about that, and I'm going to direct this to Attorney Kubiesa. Yes, Attorney Kubiesa? 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (12 4 MR. KUBIESA: Go ahead. MS. ZANNIS: Okay. I would like to know, is that only related to items that require financial decisions or has some impact on money? MR. KUBIESA: First of all, I would say the motion is out of order because it's acting -- it's asking for an action that is illegal. But I also caution the Board that today Judge Wheaton entered a citation of contempt against Trustee Stelios Aktipis for his actions in preparing the resolutions that were presented before this Board. I believe, and it's my opinion, that if the Board passes this motion the way it's been presented, that is also actionable by way of a citation for contempt against Judge -- by Judge Wheaton. I would caution the Board to treat this matter seriously because it's gotten to the point where it is a serious matter. And lastly, as far as the Open Meetings Act question goes, the Open Meetings Act provides that if -- if a matter is on a special agenda, then it's in violation of the Open Meetings Act. That, too, can be a criminal situation. So I would caution the Board very seriously to watch what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 they're doing tonight. MS. ZANNIS: Okay. Now, I have the transcript In front of me where clearly Judge Bonnie Wheaton says, "Certainly free to bring any oral motion." \ Now, she knew that this was happening tonight. And also -- MR. KUBIESA: I'm not going to argue with you about this. I gave you my advice. If you care to accept it, that's fine. If you don't, we'll let Judge Wheaton decide. MS. ZANNIS: Okay. I'm going to further read, "But certainly bring any oral motion that is wanted in the ordinary course of the Village business. You are free to do that." Now, here she was today, this afternoon, saying you cannot present this item In the form of a resolution, but if you want to present it in the form of an oral motion, you are certainly allowed to do that. And so I am presenting an oral motion. MR. QUINLAN: If you want to override my call for out of order, then make a motion to do so. MS. ZANNIS: I do not perceive Judge Bonnie I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Wheaton saw that as being out of order. MR. QUINLAN: Based on the advice of the Village Attorney, I call your motion out of order. You've been cautioned by the Village Attorney. Either take action or we'll move to the next item on the agenda. MR. AKTIPIS: I'd like to appeal that, Mr. President. MR. QUINLAN: Do you have a second? MS. ZANNIS: So moved. MR. QUINLAN: Roll call vote, please. DR. CALEEL: What is this here? MR. AKTIPIS: We're appealing the ordinance -- the determination of the President that -- that we're out of order. The matter, Dr. Caleel, involves the fact that Judge Wheaton has explicitly allowed us today to make oral motions, and that is part of the transcript that we have in front of you. MR. YUSUF: I think there are two parts to it. May I? I think one is what Judge Wheaton said here. And as I read it, it does seem to allow oral motions. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The other issue is the Open Meetings Act, which is a concern to me. I did read this, and it seems pretty clear, that, yes, you can bring an oral motion, and this doesn't prohibit that from happening. But my concern and, again, is the Open Meetings Act. If it's not crystal clear on there, you can't do that, then it is -- and, Mr. Kubiesa, again, do you feel that motion in its form, if it digresses from what's listed on the agenda, does it digress enough to be out of order on the basis of -- MR. KUBIESA: First of all, the transcript you see in front of you is only a part of it. I have the entire transcript here. I think taking these last pages is taking it out of context. I believe, as I said earlier, passing the motion as it was presented may very well be in violation of the Court's order. And whoever votes on it, may be cited in contempt of court, dust as Stelios Aktipis was cited in contempt of court by Judge Wheaton today. MR. AKTIPIS: Those are scare tactics, Attorney Kubiesa, and you're engaging in scare 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tactics. You know very well the judge entered the determination, and she said she will stay it for seven days. And it related only to the -- to writing a resolution by an attorney other than you. At this particular moment, we're asking you to write the ordinance. And therefore, I think we are within the guidelines of the judge. As far as the open acts -- Open Meetings Act is concerned, you know that on several occasions you presided, Mr. Kubiesa, to passing motions that were not on the agenda. And then I also would like to caution you that any item that does not involve a financial commitment of the Village can be presented and passed without giving notice of 48 hours. MR. QUINLAN: You've received the advice of your attorney. You've had a second to override it. Roll call vote. DR. CALEEL: Mr. Chairman, I move to table this to the next meeting. MR. YUSUF: I'll second that. MR. QUINLAN: Roll call vote on the table. MS. HARTY: Trustee Aktipis. MR. AKTIPIS: Yes. 12 1 2 -3 4 5 6 7_ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. HARTY: Trustee Caleel. DR. CALEEL: Yes. MS. HARTY: Trustee Craig. MR. CRAIG: Yes. MS. HARTY: Trustee Korin. MS. KORIN: No. MS. HARTY: Trustee Yusuf. MR. YUSUF: Yes. MS. KORIN: Trustee Zannis. MS. ZANNIS: No. MR. QUINLAN: That motion is carried. This item is tabled to the next meeting. Do you have anything else that you'd like to present not on the agenda? I'll take the silence as a no. MS. KORIN: Well, you know, I'd like to make a point here because I do perceive Attorney Kubiesa's statements as scare tactics. And frankly, I'm fed up with it. I mean, I'm dealing with this whole issue on an ad hoc committee report, and we won't get into that, but that's another issue in which I believe I'm getting very poor legal opinions. The judge specifically said that 13 1 2 3 4 5 6 7 8 _9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Trustee Aktipis could bring this up in tonight's meeting as an oral motion. It is exactly as it reads on this notice, with the exception of the word resolution, which is being changed to a motion. There's no final action being taken. There is no expenditure of public moneys being taken. We are directing the attorney to write an ordinance, and that is what the attorney is supposed to do by the description of his job in our village code. So, you know, to threaten this Board that we're going to be brought up on citations I think is just in very bad taste. MR. AKTIPIS: Dr. Caleel, would you -- MR. QUINLAN: Excuse me. Let's follow Robert's rules here, and let me respond to that for a moment. You've been given the advice of the Village Attorney. So far the Village -- the advice of the Village Attorney seems to have been fairly accurate. You chose not to take the advice of the Village Attorney. That's your -- that's your own choosing. The next item on the agenda, 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 consideration of replacement counsel for specific matter of litigation. Is there any discussion on this issue? MS. KORIN: I would just say that I disagree with the fact that I've been given correct opinions by 'the Village Attorney, because I think on a number of occasions I've been given very bad advice by the Village Attorney. MS. ZANNIS: We have also made motions that we have gone back and ratified. In fact, I have sat in this chair where I've said, well, if you've ratified Susan's, then don't you have to ratify mine? MR. QUINLAN: Is any of this on the agenda? MS. ZANNIS: Kevin, the legal advice we're getting is inconsistent and only to the benefit of a particular person at a particular time. MR. QUINLAN: Your comments and this discussion is out of order. Move on to the next item on the agenda. MR. AKTIPIS: Mr. President, I'd like to ask p Dr. Caleel whether he'd be willing to reconsider his motion, of taking it out of the table for today's action. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. QUINLAN: Action's been taken already. The Board voted. As a matter of fact, you -- MR. AKTIPIS: Mr. President, I'm asking Dr. Caleel. MR. QUINLAN: Well, you don't have the right to ask Dr. Caleel that. It's not on the agenda. That item has been moved on. The next item on the agenda. MS. ZANNIS: You know, tabling the item was not on the agenda, but the motion was made, and we voted on it. MR. QUINLAN: Well, if you want to continue to act out of order, what do you want me to do? MS. ZANNIS: I would allow you -- I want to ask those questions. MR. QUINLAN: Move on to the next item on the agenda. This is ridiculous. MR. AKTIPIS: We'd like to move that the Board directs the Village Attorney to prepare an ordinance directing the Village Clerk to have transcripts prepared from all the closed meetings of the Village Board of Trustees that occurred on April 13th, 2004, and May 25, 2004. The Village Clerk should be 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 directed to send all of the tapes in the Village's possession of the foregoing executive session meetings to a certified court reporter for transcription. In the alternative, the clerk may also require the court reporter to prepare the transcripts of the village hall. The clerk shall coordinate the completion of the delivery of the transcript so that she has them in her possession and available to all members of the Board and Trustees within two weeks of the date of this motion. MR. YUSUF: Second. MR. QUINLAN: The motion is out of order. MR. AKTIPIS: I'm appealing that, Mr. President. MR. QUINLAN: Do we have a second? MS. ZANNIS: I second. MR. QUINLAN: Roll call vote. THE CLERK: Trustee Aktipis. MR. AKTIPIS: Yes. MS. HARTY: Trustee Caleel. DR. CALEEL: Yes. MS. HARTY: Trustee Craig. MR. CRAIG: I'm going to pass. 17 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MS. HARTY: Trustee Korin. MS. KORIN: Yes. MS. HARTY: Trustee Yusuf. MR. YUSUF: Yes. MS. HARTY: Trustee Zannis. MS. ZANNIS: Yes. MR. QUINLAN: That motion is carried. Once again I'm informing you that that motion was out of order. Next on the agenda. MR. AKTIPIS: Did we pass the motion, Mr. President? I think we overruled you, but we did not pass the motion. MR. QUINLAN: I'm sorry. You're correct. Roll call vote. MR. YUSUF: Did we have a second? MS. ZANNIS: Second. MR. QUINLAN: There was a second on the i motion. I called it out of order. It was overruled. Is there discussion? MR. YUSUF: I'd like to know the cost of this. Does our deputy clerk have any estimate of the cost of this or -- M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 THE CLERK: Well, the last court reporter transcription we had done for an hour meeting was about $375. MR. YUSUF: And how many meetings are we - -_ THE CLERK: You said two meetings? MR. AKTIPIS: Two meetings. MR. YUSUF: You've got two meetings and THE CLERK: I do not know how long each of those meetings was. MR. YUSUF: And what is the purpose of doing this for these meetings? I mean, are those transcriptions necessary for a specific reason, or -- MR. AKTIPIS: Yes, Trustee Yusuf. Those are transcripts that you've listened to in which issues in which Mr. Kubiesa has made representations do not -- do not seem to correspond with the discussions that took place and the decisions, the consensus that was that was arrived at those meetings. MR. QUINLAN: Go ahead. MR. KUBIESA: Again I would caution the Board. I believe the action that the Board is asking -- attempting to do tonight is also illegal 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 because it violates the Open Meetings Act, and it also perhaps compromises the attorney- client privilege that exists for those closed sessions. So again I would ask the Village Board to consider what my opinion and Linda Gonnella's opinion, that it's inappropriate to do what the Board is attempting to do. MR. AKTIPIS: Again, Mr. Kubiesa, you're misleading the Board. You know that those transcripts will be in the possession of the clerk and as such are privileged, and therefore, there's nothing that is different from the clerk having possession of that -- of the recordings. It's just a different format of keeping the same data under her control, and that's all that the motion is attempting to accomplish. MR. KUBIESA: That's incorrect. MR. QUINLAN: Roll call vote. THE CLERK: This is for the direction. Trustee Aktipis. MR. AKTIPIS: Yes. MS. HARTY: Trustee Caleel. a DR. CALEEL: Yes. MS. HARTY: Trustee Craig. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. CRAIG: No. MS. HARTY: Trustee Korin. MS. KORIN: Yes. MS. HARTY: Trustee Yusuf. MR. YUSUF: Yes. MS. HARTY: Trustee Zannis. MS. ZANNIS: Yes. MR. QUINLAN: That motion is carried. Again I'll caution it was out of order. Next on the agenda is item 4(C), consideration of replacement counsel for a specific matter of litigation. Is there any discussion? MR. AKTIPIS: Yes, Mr. President. Maybe I should introduce that discussion. I am again mortified by the sense of inappropriateness in terms of the names that were brought forward here that is -- there is always the issue of ethical representations here in terms of legal ethical representations. And I'm struck by the fact that in at least two instances we might have ethical issues here in terms of the names that have been presented to the Board. Specifically in the case of -- 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of one of the nominations, Mr. Black, Mr. Black is a member of Day & Robert which represents the forest preserve district in various matters. And therefore, we have here a suggestion by you,, I suppose your advice by the Village Attorney, to bring in an attorney from a firm that has -- is sitting on the other side of the -- of the aisle, so_ to speak, as a firm that has been representing the forest preserve in various issues, is a total inappropriate choice. Because as you know, the forest preserve is in litigation with the Village at this time. So I'm absolutely flabbergasted as to what was the basis of making that recommendation. Also in the case of Mr. Bond, Mr. Bond was a partner with Mr. Mork. Mr. Mork also represents the forest preserve. It's not clear when Mr. Mork and Mr. Bond severed their relationship, but it's quite clear that a filing was made by the forest preserve against the Village back in August '02. It is not quite clear whether at that time Mr. Bond was -- and Mr. Mork were together 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 as partners. And therefore, that's another one that needs to be investigated and raised again ethical, legal questions. So that's my comments as far as two of your choices are concerned. MR. QUINLAN: Thanks for your input. Is there any other discussion? MS. ZANNIS: Yes. Did you know that those two attorneys represented the DuPage Housing Authority? MR. QUINLAN: I believe Mr. Bond does not._ And I don't believe Mr. Black -- is he -- is he directly involved? MR. KUBIESA: He doesn't represent the Housing Authority. MS. ZANNIS: And the third person was Mr. Luetkehans, is that correct? MR. QUINLAN: Yes. MS. ZANNIS: This is the attorney that you employed during the litigation that you filed against the Village Trustees? MR. QUINLAN: That is correct. MS. ZANNIS: I would like someone that has not been that intimately involved in disputes � ei 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 between us. MR. QUINLAN: At least he was successful. Don't we want a successful attorney? MS. KORIN: Well, the other point is that lawsuit is still ongoing. It would be completely ridiculous to engage Mr. Luetkehans on this issue when he is still in the process of being involved in a lawsuit in which you sued this Board. So perhaps we could choose a law firm that has absolutely no connection to the forest preserve and absolutely no connection to you or this Village in terms of representing us in lawsuits. There was -- I forget the name of the firm because I don't have it in front of me, but there was a firm that the clerks -- county clerks -- well, the DuPage Clerks Association used. - Stelios, you had mentioned the name at one point. MR. AKTIPIS: Well, I think there are many ethical and well -known municipal firms. -MS. KORIN: Well, they're a well -known municipal firm. I don't think they have any ties to the issues that this Village is dealing with now, and I think they would be the more appropriate 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 choice. MR. AKTIPIS: And also we have the previous Village Attorney, Dick Martin, who would be an excellent choice as well. MR. QUINLAN: I'll take your comment -s under advisement. MS. KORIN: And so can we construe that to mean we would get an answer in Friday's packet, or perhaps you can give us some time frame as to when we would have an answer. MR. QUINLAN: You may get an answer in Friday's packet. You may not. I'll take your comments under advisement. MR. AKTIPIS: There's certainly Ron Cope, Mr. President. There is Ice, Miller, and there are competent attorneys there that have no relationship with any of our -- any of the parties that are in litigation. So it's -- it's amazing that you will not -- you will ignore such possibilities and instead select people who have conflicts of interest. MR. QUINLAN: So far I'm pretty happy with my picks. They've been winning. But I'll take your 25 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 comments under advisement. MS. ZANNIS: I would like to make a motion to adjourn. MR. AKTIPIS: Sec MR. QUINLAN: All (All MR. QUINLAN: Any This ond. in favor? present said aye.) opposed? meeting is adjourned. M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF ILLINOIS ) SS. COUNTY OF DU PAGE ) I, Tina Colias, Certified Shorthand Reporter for the State of Illinois, do hereby certify that I reported in shorthand the proceedings had in the above - entitled matter, and that the foregoing is a true and correct transcript of my shorthand notes so taken as aforesaid. IN WITNESS WHEREOF I have set my hand this 21st day of February, 2005. ----------------- - - - - -- --- - - - - -- Certified Shorthand Reporter 27