Minutes - 07/13/2004 - Board of TrusteesN
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MINUTES OF THE JULY 135 2004 REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK APPROVED AS WRITTEN ON JULY 27, 2004.
1 CALL TO ORDER:
The Regular Meeting of the Village Board of Trustees was called to order by President
Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:32
p in The Pledge of Allegiance was given.
2. ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT. President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel,
John W. Craig, Susan Chase Korm, Asif Yusuf and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey Moline, Assistant
Village Manager, Kenneth T. Kubiesa, Village Attorney; Dale L. Durfey,
Jr., Village Engineer; Michael J. Meranda, Director of Public Works and
Nelson Patras, Interim Bath & Tennis Club Manager.
3. RESIDENT /VISITOR COMMENT:
Award to Lester Antos — DuPage County ETSB
President Quinlan introduced Chairman Robert Heap from the DuPage County
Emergency Telephone System 9 -1 -1 Board to present the Village's Communication
Officer Lestor Antos with the DuPage County Dispatcher of the Year Award. The award
recognizes the achievements of an outstanding 9 -1 -1 telecommunicator. Communication
Officer Antos is the first recipient of this award. President Quinlan also commended
Communication Officer Antos for his dedicated service to the Village and residents.
The following residents addressed the Village Board of the temporary appointment of the
Acting Police Chief John M. Carpino: Gautam Patel, Gopal Lalmalam, Moinuddin
Saiyed, Roger Laboon, Rajeev Nagpal, Edward Mullins, Terry O'Malley and Al Kanuth.
They asked the Board of Trustees to come to some type of compromise to resolve the
temporary appointment and to continue the process of selecting a permanent Police Chief.
Benjamin Kadolph, patrol officer with the Oak Brook Police Department, indicated to the
Board that 57 of the 59 members of the Oak Brook Police Department have signed a letter
for their support of President Quinlan's appointment of Acting Police Chief John Carpino.
VILLAGE OF OAK BROOK Minutes Page 1 of 7 July 13, 2004
3. President Quinlan thanked the residents for their comments and stated the Board will
work as expeditiously as possible on this issue.
4. APPROVAL OF MINUTES
A. Regular Board of Trustees Meeting of June 22, 2004
Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the minutes of the
June 22, 2004 Regular Board of Trustees meeting VOICE VOTE: Motion carried.
B. Special Board of Trustees Meeting of July 6, 2004
Motion by Trustee Zannis, seconded by Trustee Korin, to approve the minutes of the
July 6, 2004 Special Board of Trustees meeting. VOICE VOTE: Motion carried.
5. CONSENT AGENDA:
All items on the Consent Agenda are considered to be routine in nature and will be
enacted in one motion unless a Board member so requests, in which event, the item will
be removed from the Consent Agenda and considered as the first item after approval of
the Consent Agenda.
Trustee Zannis asked that Agenda Item 5. B. Approval of Payroll, 1) Pay Period Ending
June 19, 2004 - $705,653.10 and 2) Pay Period Ending July 3, 2004 - $667,826.61 be
removed from the Consent Agenda for further discussion.
Motion by Trustee Yusuf, seconded by Trustee Caleel, to approve the Consent Agenda
and authorize expenditures as amended. ROLL CALL VOTE.
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried
A. ACCOUNTS PAYABLE FOR PERIOD ENDING JULY 9, 2004 - $473,665.36
Significant Items included in Above:
1) SKC Construction, Inc. — Payout #1 & Final -2004 Crack Seal Project -
$30,898.56
2) Civiltech Engineering — Payout #9 — York/Harger Bicycle /Pedestnan Path Phase
III -$19, 127.46
3) James J. Benes & Associates — Payout #11 — 2004 Paving Project - $17,879.17
C. COMMUNITY DEVELOPMENT REFERRALS
VILLAGE OF OAK BROOK Minutes Page 2 of 7 July 13, 2004
5. C. 1) VILLAGE OF OAK BROOK — TITLE 13 — ZONING ORDINANCE —
CHAPTER 14 — ADMINISTRATION AND ENFORCEMENT — TEXT
AMENDMENT
D AUTHORIZTION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE
CONTRACTS:
1) JANITORIAL SERVICES
E. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS AND REDUCTION IN
SUBDIVISION SECUIRTY — JOHN G. STOB SUBDIVISION
F. ORDINANCE 2004- ZO -SU -EX 1 -S -1075. "AN ORDINANCE AMENDING
ORDINANCE S -791 RELATIVE TO A SPECIAL USE FOR A SPLASH
PARK/PAD AND PLAYGROUND EQUIPMENT OAK BROOK PARK DISTRICT
(1450 Forest Gate Road — P.I.N #06 -26- 303 -001, 06 -26- 303 -002, 06 -26- 303 -003. 06-
26- 303 - 004)"
G. ORDINANCE 2004 -PP -S -1076, "AN ORDINANCE AUTHORIZING THE SALE,
DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF OAK BROOK"
6. ITEMS REMOVED FROM CONSENT AGENDA:
Agenda Item 5. B. Approval of Payroll: 1) Pay Period Ending June 19, 2004 -
$705,653.10 and 5 B. 2) Pay Period Ending July 3, 2004 - $667,826.61 be removed from
the Consent Agenda as requested by Trustee Zannis for further discussion.
Trustee Zannis asked if the payroll included any salary compensation to Acting Police
Chief Carpino. Village Manager Boehm explained that the payroll ending June 19, 2004
it did not include any compensation. For the payroll ending July 3, 2004 it would have
two days of salary included to Acting Police Chief Carpino.
Trustee Aktipis stated that the Board voted on July 9, 2004 in a Special Board meeting
that the appointment of Acting Police Chief Carpino was not pursuant to Section 3 -1 -2A.
of the Oak Brook Village Code.
Motion by Trustee Aktipis, seconded by Trustee Zannis, that the two day salary of Acting
Police Chief Carpino not be paid
President Quinlan stated that the motion is out of order. The following motion was then
stated.
VILLAGE OF OAK BROOK Minutes Page 3 of 7 July 13, 2004
6. Motion by Trustee Aktipis, seconded by Trustee Zannis, that the payment of the Acting
Police Chief is tabled to the next Village Board meeting. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis
Nays: 1 - Trustee Yusuf.
Absent: 0 - None. Motion carried.
Motion by Trustee Zannis, seconded by Trustee Caleel, to approve the Payroll Pay Period
Ending June 19, 2004 and the Pay Period Ending July 3, 2004 with the exception of salary
for the Acting Police Chief. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Absent: 0 - None. Motion carried.
7. BOARD & COMMISSION RECOMMENDATIONS: - None.
8. UNFINISHED BUSINESS:
A. CONFIRMATION OF APPOINTMENTS
a. Motion Relative to Continued Payment of Salary and Benefits to Mr. John
Carpino
Motion by Trustee Zannis, seconded by Trustee Korin, that the Board resolve the legal
issues as expeditiously as possible before any salary is paid to the Acting Police Chief.
President Quinlan stated that the motion was out of order as the salary goes with the
appointment.
Trustee Zannis stated she wished to appeal his decision as she understands that the
expenditure of public funds must be with Village Board approval and that the two are
not necessarily intertwined.
Motion by Trustee Zannis, seconded by Trustee Konn, to appeal Village President
Quinlan's decision that the motion was out of order
Trustee Aktipis stated that he did not believe the appropriate language has been placed
on the agenda regarding this issue and requested that this not be acted upon at this
time. He requested that a special meeting be called with proper notice so that
whatever action is taken is properly noticed.
IN
President Quinlan explained before Trustee Aktipis' comments may be addressed that
a motion has been made and seconded upon the appeal and action must be taken on
VILLAGE OF OAK BROOK Minutes Page 4 of 7 July 13, 2004
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8. A.
this first.
Trustee Zannis withdrew her motion Trustee Korin stated before she withdraws her
second that she had asked Village Manager Boehm whether the language inserted into
the Revised Agenda was proper. She asked Village Attorney Kubiesa if the language
was correct.
Village Attorney Kubiesa asked for Trustee Aktipis to clarify why the language was
improper.
Trustee Aktipis stated that it appears before the Board may act upon Acting Police
Chief Carpino's salary that the action should have been on the agenda with proper
language and it was not on the agenda that was originally received. He stated that the
original agenda did not have the 48 hour notice of the revision to the agenda.
Village Manager Boehm explained that the revised agenda was issued today and this
is a regularly scheduled Board meeting and not a special meeting and that this matter
could be acted upon.
Village Attorney Kublesa stated that the action could be acted upon Trustee Aktipis
withdrew his objection at this time.
Trustee Zannis asked President Quinlan why her motion was out of order. He again
reiterated that the salary goes with the appointment. She stated that many
appointments are made by the Village President without any salary.
Motion by Trustee Zannis, seconded by Trustee Korm, to appeal Village President
Quinlan's decision that the original motion was out of order. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korm and Zannis.
Nays: 1 - Trustee Yusuf.
Absent- 0 - None. Motion carried.
President Quinlan noted for the record that Village Attorney Kubiesa has advised him
that the motion is still out of order.
Motion by Trustee Zannis, seconded by Trustee Korin, that the continued salary
payments and benefits of Acting Police Chief John Carpino be withdrawn, suspended
and terminated until resolution of his temporary appointment is settled between the
disputing parties. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 5 of 7 July 13, 2004
8. A.
Trustee Zannis stated this is her third year as a Village Trustee and she has had many
differences during her tenure. She stated she does her homework and tries to be very
conscientious and takes her position very seriously. She stated this is the first time in
three years that the safety of her children, her home and herself is at issue.
Trustee Yusuf stated that the action of this Board sets a bad precedence in
retroactively taking the salary of an employee. He suggested it certainly is better to
act through the democratic process to go forward as a majority decides. He believes
this matter is of State law and sadly it will be resolved in the court system and the
lawyers will benefit from it. His views on this issue are based strictly on his
understanding of State law after consultation with the Village Attorney. He indicated
that this is not an endorsement of John Carpino in neither the position he holds nor
any type of refusal to make such an endorsement but it is a matter of State law and
who possesses what power. He agrees to do his duties as a Village Trustee and he
intends to do it with the best interests of the Village of Oak Brook. He believes under
State law that President Quinlan has the authority to make the appointment and as a
Trustee he does not have a say in making such a temporary appointment. He is
confident that the position will be vindicated. He does intend to have an impartial
decision in the permanent appointment as is appropriate in the role when he became a
Village Trustee representing the residents.
Trustee Caleel stated everyone on this Board was elected to do their duty. At the last
meeting when the first motion was passed, the Samuel E. Dean Board room was filled
with supporters of the Trustees that made that decision. He made a motion to close
the meeting to prevent all of the residents from speaking on this issue. He indicated
that the segment of the community at tonight's meeting is supporting President
Quinlan's actions but some of their behavior was inappropriate.
B. ORDINANCES & RESOLUTIONS - None.
C. AWARD OF CONTRACTS - None.
9. NEW BUSINESS: - None.
A. CONFIRMATION OF APPOINTMENTS - None.
B. ORDINANCES & RESOLUTIONS - None.
C. AWARD OF CONTRACTS - None.
10. INFORMATION & UPDATES.
VILLAGE OF OAK BROOK Minutes Page 6 of 7 July 13, 2004
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10. A. VILLAGE PRESIDENT: -None.
B. VILLAGE MANAGER: - None.
C VILLAGE CLERK: -None.
11. ADJOURN TO CLOSED MEETING:
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.
Motion by Trustee Caleel, seconded by Trustee Korin , to adjourn to Closed Meeting
at 8:30 p.m. 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. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Konn, Yusuf and Zannis.
Nays: 0' None
Absent: 0 - None. Motion carried.
12. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Aktpis, to adjourn the meeting at 10:34
p m. VOICE VOTE- Motion carried.
ATTEST:
0,<",� �� . /`' d /J)
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 7 of 7
July 13, 2004