VILLAGE OF CARPENTERSVILLE BOARD OF TRUSTEES REGULAR BOARD MEETING
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VILLAGE OF CARPENTERSVILLE
BOARD OF TRUSTEES
REGULAR BOARD MEETING
March 18, 2008
The regular meeting of the Board of Trustees was called to order at 7:30 p.m. Those present for roll
call were Trustees Humpfer, Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter and President Sarto. Also
present were Village Manager Anderson, Assistant Village Manager Wucki-Rossbach, Attorney
Rhodes, Fire Chief Schuldt, Police Chief Neumann, Village Engineer Marquardt, Public Works
Director Cole, Community Development Director McCammack, Finance Director Happ, Personnel and
Benefits Manager Mogren and Economic Development/ Special Projects Coordinator Murphy.
Pledge of Allegiance followed.
President Sarto reminded the audience that anyone coming forth to speak should do so in a respectful
manner; while comments indicating support or non-support of a particular issue will be allowed, any
defamatory discussion will not be.
PUBLIC COMMENT
Village Residents/Business Owners
1. John Morrison, 13 California Ave.; a longtime resident of the Village who discussed the
professional contributions that Trustee Humpfer has provided to the Village. He believes there is
no lawful reason that Trustee Humpfer should be removed from his seat on the Board.
2. Joe Haimann, 848 Greenwood; a resident who stated he believes a certain Trustee should resign
due to the embarrassment he has caused the Village.
3. Daniel Wozniak, 209 Fairway Road; a resident who discussed the recently adopted Motor Fuel
Tax and the monetary impact this will have to residents. Mr. Wozniak discussed what he believes
is the inability for the Board to remove a Trustee and read aloud a preamble that indicates no
personal issues should be used against a Village official in a public forum to remove the official
from public service; their contributions and skills should be recognized and applauded.
4. Debbie Lowen, 3266 Black Cherry Circle; a resident who requested the Village Board to put a stop
to their dissension and begin taking care of Village business.
5. Rebekah Towers, 312 Tee Lane; a resident who thanked the Village Board for serving the people
and requested the questions of whether Trustee Humpfer should remain on the Board or not
should be voted upon allowing positive movement to make the Village a desirable place in which
to own a home and reside. She questioned when the Village Fresh Market will open and the steps
the Board is taking to improve the façade of Meadowdale Mall and to encourage businesses to
locate in the Mall. She further expressed concern over the Village servicing certain areas where
the income is generally higher and not the entire community.
6. Avigail Gonzalez, 19 Sparrow Road; a resident who stated that while she agrees with comments
made relative to the contributions Trustee Humpfer has provided, she believes he should resign
his position on the Board.
7. Karl Burkholder, 117 Austin; a resident who discussed his own personal experiences regarding a
past battery charge. He stated that if Trustee Humpfer is removed from the Village Board, he
would apply to take that position and questioned if this movement to remove Trustee Humpfer is
related to the past division amongst the Board.
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8. Dane Willman, 214 Orleans; a resident who commended the efforts that Trustee Humpfer has
made relative to the Village’s finances. He expressed concern over the bad publicity the Village
receives and encouraged the Board to keep certain discussions private and out of the
newspapers.
9. Paul Calusinski, 528 Apache; a resident who provided details of the recent events and issues
surrounding Trustee Humpfer’s personal situation.
10. Pat Pawlowske, 5 Sparrow Road; a resident who reiterated certain statements that were recently
made by the State’s Attorney’s office regarding Trustee Humpfer’s personal situation that she
believes does not affect the Village business that the Board needs to move forward with.
11. Adam Ruiz, 3815 Parsons; a resident who discussed the moral responsibility he believes Village
officials have to ethically represent the community they serve and stated the Board needs to
recognize that their personal lives reflect their public life. Mr. Ruiz continued to discuss the
reasons he believes Trustee Humpfer should not be allowed to remain on the Board and
requested the Village Board and officials to do the right thing.
12. Elva Corral, 4773 Grandview; a resident who discussed how the events of Trustee Humpfer’s
personal situation that she believes have violated the Village’s principles and standards. By
allowing him to remain on the Board, she stated could be construed as the Village condoning his
behavior. Ms. Corral expressed concern over the implications this could have to the community.
13. Elva Mejia, 5312 Kelly Court; a resident who discussed the issues that will be present if Trustee
Humpfer is allowed to remain on the Board. Because Trustee Humpfer has not resigned, she
believes the President and other Trustees need to take action to have him removed. If any other
Board member condones his behavior, he too should resign from the Board because the Village
needs to stand up for what is right and expect high standards from its elected officials. Ms. Mejia
discussed the impact this would have to the image of the Village.
Non-Resident Visitors
1. Jay Radke, 136 Skyline Drive, Lake Marian; a visitor who expressed his support of Trustee
Humpfer and discussed the many contributions he has provided to the community. Mr. Radke
further discussed events of Trustee Humpfer’s personal situation that he believes have not been
judged fairly and the impact interference by other board members and members of the community
have had on the case. Mr. Radke stated if this community is so enamored by the law, the
community should follow all laws and take proper steps to abide by the law regarding illegal aliens.
2. Marie McKinney, Crystal Lake; was not present when called upon.
3. Dawn M. Mueller, Oak Park; a coordinator for the Illinois Citizens Security Network that secures
citizens rights and interests, who discussed the impact the influx of illegal immigrants into the area
has had to the community based upon families the network has helped. She further discussed the
events surrounding Trustee Humpfer’s personal life; that only those present at the time know the
truth. Ms. Mueller read aloud portions of the chapter in the U.S. Code that discusses bringing in
and harboring certain aliens that is in violation of the law and are serious crimes against the nation
and citizens relative to what is considered infamous crimes.
4. Diane Evertsen, Harvard; a visitor who discussed what she believes is a personal vendetta
against two trustees as a result of their efforts to support the law enforcement relative to illegal
aliens that are present in the community and the impact it has to the legal citizens. Mrs. Evertsen
concurred also with comments made regarding the demand for laws to be upheld regarding an
elected official while these same people foster rights and entitlements for illegal aliens. She
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expressed concern over certain people taking other’s personal matters and using it for their
personal gain.
5. Evert Evertsen, Harvard; a visitor who noted the crowded Board Room and hopes that the
audience will attend every board meeting because all meetings are important. Mr. Evertsen
discussed certain rules governing public comments that indicate the subject has to relate to
Village business; there is no item on this evening’s agenda that relates to Trustee Humpfer. This
evening’s event was brought on by what he believes was a distribution of flyers impugning a
subject they know nothing about. Mr. Evertsen provided details of issues surrounding Trustee
Humpfer’s trial and believes there is a persuasion of certain board members for both sides that
influence the public’s opinion.
6. Art Zamudio, Elgin; a visitor who discussed the reasons he believes Trustee Humpfer’s behavior is
detrimental to the Village. He expressed concern the impact this has had to the community and
provided details of the issues that it has brought about.
CONSENT AGENDA
President Sarto asked if any Board member wished to remove any items from the Consent Agenda.
Trustee Hinz requested that Item B. Minutes from the Regular Board Meeting of February, 19, 2008
be removed.
Trustee Humpfer moved to pass the Consent Agenda to include A. Approval of the Bills totaling
$920,672.68; B. Approval of the Minutes from the Regular Board Meeting of February 5, 2008; C.
Ordinance Authorizing Obenauf Auction Services to Dispose of Items of Personal Property Owned by
the Village of Carpentersville; and D. Ordinance Approving the 2008 Official Zoning Map of the Village
of Carpentersville, Illinois. Trustee Ritter seconded. Vote: 7 – ayes (Humpfer, Hinz, Sigwalt, Ramirez
Sliwinski, Ritter, Teeter, Sarto) 0 – nay. Motion passed.
Trustee Ritter moved to approve the Minutes from the Regular Board Meeting of February 19, 2008.
Trustee Sigwalt seconded. 4 – ayes (Sigwalt, Ramirez Sliwinski, Ritter, Sarto) 0 – nay. 3 – abstain
(Humpfer, Hinz, Teeter) due to their absence that evening.
REPORTS OF MANAGER, OFFICERS, COMMITTEES AND STAFF
Manager’s Report
Manager Anderson had the following report:
• He questioned if Tuesday, May 13th would be available to schedule the joint zoning workshop of
the Planning and Zoning Commission and Village Board. There were no objections made.
Attorney’s Report
Attorney Rhodes had no report this evening.
Audit and Finance Commission
Due to Trustee Humpfer’s absence from the last Audit and Finance Commission meeting, President
Sarto requested Finance Director Happ to provide the report.
• The next Commission meeting will be Tuesday, April 8th, in the Village Hall Conference Room.
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The following items were discussed:
• The few remaining outstanding budget issues and new program requests were discussed; the
Administrative Adjudication Process was discussed in great detail.
• The budget will be presented at the Regular Board Meeting April 1st for Village Board’s
consideration. The Public Hearing to hear public comments will also be that evening.
• The increase in ambulance fees was considered.
• Mr. Alan Ambrose, from Northern Trust Corporation will be present at the next meeting to discuss
various funding options in consideration of the Public Works Facility and Capital Improvements
Program.
Park Committee
Trustee Ramirez Sliwinski had the following report:
• At the March 10th meeting, the Committee discussed Arbor Day; Member Billita Jacobsen will be
coordinating the event with Parkview School to involve the students. The Committee has chosen
Scotch Pine Trees for the children who participate and a donation of a Pine Tree is needed that
will be planted in Carpenter Park.
• The Committee is waiting for status on the permits for McNamee Park to install the canoe launch.
• Autumn Fest will be on August 23, 2008; details of the event were discussed.
Stormwater Management Commission
Trustee Teeter had no report at this time.
Carpentersville Improvement Committee
Chairperson Schultz had the following report:
• The February meeting was cancelled due to lack of a quorum; a special meeting was scheduled
on March 12th. At this meeting, volunteer forms were discussed that will be provided in the near
future.
• The Committee is still working on a description that will soon be provided on the website.
• The need for Committee bylaws was discussed in great detail.
• Director McCammack indicated that more graffiti will be present with the nicer weather.
Chairperson Schultz noted that additional volunteers are needed for graffiti removal.
• She attended the SWAN (Southwest Area Neighborhood Association Group) meeting in Elgin that
was very informative. In addition to neighborhood issues they have commercial ones also.
• Chairperson Schultz spoke this evening to a resident who volunteered their services and hopes
more will follow.
• The Committee’s next meeting will be on March 26th at 6:30 p.m. in the Village Hall Conference
Room.
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Trustee Reports
Trustee Teeter had the following report:
• She attended and participated in the Audit and Finance Commission budget sessions.
• She also attended the Carpentersville Improvement Committee meeting.
• Trustee Teeter stated that she became a Trustee to work for the good of the whole community
and believes certain members of the Board are thwarting efforts for the Board to address any
issues they face. She further stated that vigilante efforts by certain residents and the President
need to stop because of the negative publicity it brings. She continued to provide details of
Trustee Humpfer’s personal situation and investigation by the State’s Attorney that were brought
on by the efforts of President Sarto forcing certain events to come into play. Trustee Teeter noted
that President Sarto has asked every member on the Board, except for Trustee Ramirez Sliwinski,
to resign at one time or another; it appears when a trustee does not agree with him, they are in the
wrong. She addressed the issues that could exist with consideration of the request to remove
Trustee Humpfer, who has not committed an infamous crime and could involve the Village in a
civil lawsuit to get the seat back. Trustee Teeter further discussed the information she had
received regarding the quo warranto investigation request that is currently in the State’s Attorney’s
office and the bills the Village has received for these inquires that were requested by President
Sarto.
Trustee Ritter had no report.
Trustee Ramirez Sliwinski had the following report:
• On March 6th she also attended the budget workshop.
• She also attended the Carpentersville Improvement Committee meeting on March 12th.
• On Saturday, March 15th she met with several pastors in the area to discuss the issues that face
the Village and healing the community.
• Today, she attended a RIF (Reading is Fundamental) at Sunnyhill School and had the privilege of
reading to some of the third graders from the community.
Trustee Sigwalt had the following report:
• She attended the Carpentersville Improvement Committee meeting and offered the Park
Committee bylaws that were enacted while she was Chairperson of the Park Committee; she
distributed a copy to all Board members for their review.
• She shared a flier that was distributed in her neighborhood and requested Manager Anderson to
provide details of the proposed Wal-Mart that will be located in West Dundee that will add a
tremendous amount of traffic to an already heavily traveled road.
• Trustee Sigwalt attended both budget workshops and concurred with comments made by Trustee
Teeter. She noted that although the budget is lean in an effort to keep taxes down, the Village is
doing a great job and able to keep moving forward.
• She stated at this time of year, neighborhoods are littered with landscaping fliers and requested
that letters be sent to these companies to put an end to their advertising.
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• Trustee Sigwalt addressed comments and accusations that were made by Mr. Calusinski through
Public Comment. She provided details of the confrontation she had with the person distributing
fliers when she requested he stop because of the untruths that were stated in the flier. She
continued discussing details of this event, including that Mr. Calusinski arrived soon after and
attempted to harm Trustee Sigwalt with his car.
Trustee Sigwalt stated that she is tired of her and her family being harassed and detailed the
information and records that she possesses that back up her statements. Trustee Sigwalt
emotionally discussed the details and information that has been withheld from the public in an
effort to maintain a level of decency for her and her family and efforts taken by individuals to
harass them.
Trustee Sigwalt continued to provide details of Trustee Humpfer’s personal situation that have
been falsely stated to the public and the harassment that has taken place to her family. She has
requested Manager Anderson to provide the billable hours that the Village’s attorney and Police
Department have spent on this “crusade” to remove Trustee Humpfer that began three years ago
and noted that $6,000 of taxpayer dollars have already been spent on this personal “witch hunt”.
Funds have also been expended for President Sarto’s requests to the State’s Attorney and
Attorney General that the Board was not aware of or voted to allow him to expend these funds.
Trustee Sigwalt shared her personal experience of domestic abuse and stated that she truly
believes Trustee Humpfer is innocent because of the knowledge she is aware of with his family
and personal life. She is defending Trustee Humpfer and requested the people of the Village to
put an end to President Sarto’s crusade and the expenditure of the funds used for it.
Trustee Sigwalt provided details of her request from an outside attorney to provide his opinion and
a resolution that will put an end to this; information that she has received has been disseminated
to the Board. She discussed the opinion that he has provided compared to the opinion the Board
received from Attorney Rhodes that places responsibility of any action that is to be taken up to the
Board.
Trustee Sigwalt closed by wishing everyone a Happy Easter.
Trustee Hinz had the following report:
• He attended the Audit and Finance Committee budget sessions and discussed the need for the
$.02 Motor Fuel Tax that will assist in the funding of the debt service to continue with the
desperately needed Road Improvement Program. He also provided details of the water rate
increase that is needed to sustain the water operations and the proposed increase in ambulance
fees.
• Trustee Hinz stated that DuPage County’s Traffic Supervision Program has been upgraded and
questioned Chief Neumann if that would involve this county also. Chief Neumann replied that he
did not have enough information to respond.
• He provided details of a discussion he had with a resident regarding neighborhood revitalization
programs that were in place in the 1980’s; volunteers from the Village and area businesses would
paint homes in need throughout the community. Trustee Hinz stated he is proposing to review this
in greater detail to determine if this program could be implemented once again.
• Trustee Hinz detailed his discussion with an area business man regarding property values and the
need for a cooperative effort with area businesses to assist those homeowners in foreclosure.
• He discussed the Administrative Adjudication Process that is currently being considered by the
Village; he is planning on attending Kane County’s Administrative Adjudication Process to
determine if this would be a beneficial program for the Village.
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• Trustee Hinz noted the additional patching crew that was approved for in the upcoming budget.
Trustee Humpfer had the following report:
• While many issues have been discussed this evening, he extended his thanks and appreciation to
those that spoke kindly of his work in the Village and who have supported him through the horrific
events of his personal life. Trustee Sigwalt has provided details of the anguish he has gone
through with the painful experience of his divorce, the disappointment of his guilty verdict that was
based upon a testimony that was discounted and the support that was shown to his wife by
Trustee Ramirez Sliwinski. While this is not an easy decision and he hopes people will respect his
wishes, Trustee Humpfer is filing an appeal and until this has come to an end, he believes
remaining on the board is the right thing to do.
President Sarto had the following report:
• Based upon earlier questions, President Sarto stated that Village Fresh Market is close to
opening; residents will be pleased with the improvements that have been made.
• He, Manager Anderson, Economic Development Coordinator Murphy and Village Engineer
Marquardt met recently with representatives from the State of Illinois to determine funding options
other than an increase in local taxes for various projects. President Sarto believed it was a
worthwhile meeting that included Senator Mike Noland and his assistant Rich Jacobs, who
indicated they will be willing to work with the Village to foster good results.
• Although the Village has discontinued the contract with the lobbyist in Washington, he believes
Village officials should continue talking with elected federal representatives and senators who
President Sarto will be contacting in the near future. It has been indicated that by disengaging with
the lobbyist it would be beneficial for President Sarto and Manager Anderson to visit with those
representatives in Chicago and speak with federal representatives via conference call. He
continued to detail those projects that state and federal assistance would be requested for that
would substantially improve the aesthetics of the Village and encourage new businesses to come.
President Sarto continued discussing the new programs that were recently approved in the
upcoming fiscal year budget; he commended the Audit and Finance Commission, Manager
Anderson, Finance Director Happ and Department Heads for their efforts to address the financial
situation the Village currently faces. With moving forward with the Street Improvement Program,
the remodeling of Fire Station #2 and consideration of a new Public Works Facility, he reiterated
the positive movement the Village is making. He closed by thanking and commending the entire
staff for their continuous efforts to make the Village a better place.
• Regarding many comments made relative to an item for consideration on this evening’s agenda,
President Sarto thanked Attorney Rhodes for his time and effort to provide a memorandum to the
Board that details the duties of the Village President, the ramifications of a board member who is
convicted of a crime and the remedy that is available for the Board to address this conviction.
While President Sarto believes that many people are making this about illegal immigration or
indicate this is a personal vendetta, it is not. It is about a member of the Board being convicted of
a crime and that is what needs to be considered when making a determination this evening.
President Sarto provided details of his discussions with attorneys from the Attorney General’s
Office and State’s Attorney and Attorney Rhodes’ memorandum that indicates a misdemeanor can
be considered an infamous crime; therefore, this would not preclude anyone from voting to
remove a trustee from the Board. He stated that it is his responsibility as Village President to
ensure the laws of the Village are faithfully fulfilled and is proud that he has maintained this
responsibility; he would expect the same from any person sitting as President.
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NEW BUSINESS
Consideration of an Ordinance Amending Title 20, Fees and Fines, of the Carpentersville
Municipal Code
Trustee Teeter moved to pass an Ordinance Amending Title 20, Fees and Fines, of the
Carpentersville Municipal Code. Trustee Hinz seconded.
Manager Anderson stated this item has come from numerous discussions by the Audit and Finance
Commission. He detailed the survey of nearby communities that was completed of the fees they
charge to determine if the Village’s current fees were in line. The survey indicated there was an
adjustment needed to ensure that costs were covered to continue providing the level of service;
therefore, request is made to adopt this ordinance that would set forth the revision to these fees that is
needed. He noted that it is anticipated that $100,000 of additional revenue would be generated based
upon a 67% rate of collection.
While all other adjustments to the fees are acceptable, Trustee Humpfer stated his objection to the
increase in fees charged to the residents. The ordinance reflects an increase from $250 to $300 for
Resident Basic Life Support with Transportation and an increase from $300 to $350 for Resident
Advanced Life Support with Transportation. Trustee Humpfer moved to amend the Ordinance to
reflect the amount of fees that are currently being charged to residents. Trustee Sigwalt seconded.
Trustee Hinz questioned the impact this change would have to the anticipated revenue generated.
Chief Schuldt stated the Fire Department transports approximately 1,900 residents a year; dependent
upon the level of transport and at a 67% collection, it would be a considerable amount of lost
anticipated revenue. Discussion ensued regarding the amount of income that would not be received
and the impact this would have to the budget. While this was a difficult recommendation from the Fire
Department, Chief Schuldt detailed the costs of providing these services and noted with this $50
increase in resident fees, it would place the Village in the bottom three communities out of the 18 that
were surveyed.
Based upon Trustee Sigwalt’s question, Chief Schuldt stated the department transports approximately
700 non-residents of which 33% is uncollectible. Trustee Sigwalt noted the amount of fees charged to
nonresidents that she believes is quite low and questioned if consideration would be given to
increasing the non-resident fee. Discussion followed regarding consideration of increasing the non-
resident fees while keeping the increases at a fair rate to residents and those that pass through the
community. President Sarto stated this increase will enable the services to be provided at the same
level while generating additional revenue to assist in funding certain improvements needed in the
Village. Chief Schuldt stated these recommended increases are based upon information he has
received relative to those fees of surrounding communities and what revenues would be needed to
maintain the level and care of service; the increases are not recommended based upon an amount of
revenue the Village needs to generate to complete other projects. Trustee Ramirez Sliwinski thanked
the Chief for the information provided and for being fair to residents and non-residents alike. Chief
Schuldt added that if anybody should call 911 and does not need to be transported, no charge would
be incurred for the care or service provided; no one should hesitate calling for help for fear of incurring
a charge.
Vote on Motion to Amend: 1 – aye (Humpfer) 6 – nay (Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter,
Sarto). Motion died.
Vote on Original Motion: 6 – ayes (Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter, Sarto) 1 – nay
(Humpfer). Motion passed.
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Consideration of a Resolution Approving an Agreement with B & F Technical Code Services,
Inc. for Building and Plumbing Inspection Services
Trustee Sigwalt moved to pass a Resolution Approving an Agreement with B & F Technical Code
Services, Inc. for Building and Plumbing Inspection Services. Trustee Teeter seconded.
Manager Anderson stated that request is made for approval to enter into an agreement with B & F
Technical Code Services for plumbing and building inspection assistance, when needed. The Village
has utilized their services in the past and has found them to be professional; they do a good job and
are familiar with the Village and Codes. He noted that essentially this agreement increases their
hourly rate from $80 to $85.
Vote on Motion: 7 – ayes (Humpfer, Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter, Sarto) 0 – nay.
Motion passed.
Consideration of a Resolution Approving an Agreement with Smith Engineering Consultants
for the Preparation of a Traffic Signal Warrant Analysis for the Illinois Route 31 and Commerce
Parkway Intersection
Trustee Teeter moved to pass a Resolution Approving an Agreement with Smith Engineering
Consultants for the Preparation of a Traffic Signal Warrant Analysis for the Illinois Route 31 and
Commerce Parkway Intersection. Trustee Hinz seconded.
Manager Anderson stated a Traffic Signal Warrant Study is requested to be performed to determine if
installation of traffic signals at the referenced intersection would be warranted. Because this is a TIF
District eligible expense and there are funds remaining after final disbursement, request is made for
this to be performed before the TIF District for Spring Hill Center for Commerce and Industry is
closed.
Discussion followed regarding the need for a study to address this dangerous intersection, what
information this study would provide and expenses that would be eligible with TIF funding. Based
upon discussion of the need to address traffic issues at the intersection of Miller Road and Route 31,
Manager Anderson noted that while this intersection is not within the Village limits, discussions have
taken place with the State of Illinois for the need to address traffic concerns of that intersection.
Vote on Motion: 7 – ayes (Humpfer, Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter, Sarto) 0 – nay.
Motion passed.
Consideration of an Ordinance Amending the 2007 / 2008 Fiscal Year Budget for the Village of
Carpentersville, Illinois
Trustee Teeter moved to pass an Ordinance Amending the 2007 / 2008 Fiscal Year Budget for the
Village of Carpentersville, Illinois. Trustee Humpfer seconded.
Manager Anderson stated request is made to approve an Ordinance amending the fiscal year budget;
like in past years, this is done toward the end of the fiscal year to address significant variations in
anticipated revenues or expenditures. Trustee Humpfer detailed the various ways these changes
could be addressed; in place of making changes on a line item basis, accounts are monitored,
departments are reviewed as a whole and changes are made at one time. While this is not a “true-up”
of the budget, Director Happ noted this is amending those accounts that show a significant change.
Vote on Motion: 7 – ayes (Humpfer, Hinz, Sigwalt, Ramirez Sliwinski, Ritter, Teeter, Sarto) 0 – nay.
Motion passed.
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Consideration of a Resolution of the Carpentersville Board of Trustees Regarding the Powers
of the President and Office of Trustee
Trustee Sigwalt moved to pass a Resolution of the Carpentersville Board of Trustees Regarding the
Powers of the President and Office of Trustee. Trustee Humpfer seconded.
Manager Anderson stated this resolution has been placed on the agenda for consideration by request
of three members of the Village Board.
Trustee Sigwalt stated she had requested this be presented as a Resolution; but after comments
recently made, she has requested this be changed to an Ordinance. Based upon President Sarto’s
question, Attorney Rhodes stated that a motion could be made to amend this to an Ordinance.
Rather than discuss this since there has been a request for a quo warranto process, Trustee Ritter
moved to table indefinitely until more information has been received of the process and how much
money has been expended for it. Trustee Teeter seconded.
Trustee Hinz questioned if this were to be tabled, how would this affect the actions of the Village
President. Trustee Ritter stated that it would allow further review after receipt of additional information
before a decision would be made and the quo warranto process would proceed because it is already
moving forward.
While she is not against tabling this matter, Trustee Sigwalt stated an attorney had drafted this
Resolution to be presented to the Village Board for their consideration because of the inconsistencies
that she believes are present with Village Board and staff. Basically this Resolution limits the
President’s power of expending money or making decisions unilaterally without the Board’s
knowledge. This Resolution would prohibit the power of the President from moving forward with
decisions he has made relative to the issue at hand without the Board’s approval.
Trustee Ramirez Sliwinski questioned if Trustee Sigwalt had the authority to use an outside source,
because everything was required to be reviewed and drafted by Attorney Rhodes before being
presented to the Village Board. Attorney Rhodes stated that while he is attorney for the Village Board
and would draft an Ordinance or Resolution if so requested by a board member, the Trustee has the
right to put forward any Resolution or Ordinance they wish. He does not believe there is an issue of
the request for an outside attorney to be consulted as long as public funds would not be expended
and Trustee Sigwalt has indicated none would be. Discussion continued over Attorney Rhodes’ review
of the Resolution and Ordinance that he believes are quite similar in nature. Trustee Ritter questioned
if the motion to table should be addressed before the Ordinance is further discussed.
President Sarto called a Point of Order based upon what he believes is clearly indicated in the
Village’s rules that any Resolution or Ordinance that is brought before the Board are to be properly
processed through the attorney and village staff. Debate continued if the Village Code does provide
for this provision, to what extent are the powers of the Village President and Trustees and if
discussion should continue while a motion to table is on the floor. Based upon Trustee Hinz’s
question, President Sarto provided details of his ability to proceed with actions that he has taken
relative to Trustee Humpfer’s situation and his seat on the Board and why the Village Board was not
advised prior to the President’s actions. Debate continued over the actions taken by President Sarto
without the Board’s knowledge, the actions taken by Trustee Sigwalt seeking outside counsel and the
information that has been shared and withheld from the Village Board, staff and public.
Due to President Sarto’s ordered removal of many visitors in the audience for comments that he
believes they made, Trustee Humpfer appealed the ruling of the President. Trustee Sigwalt seconded.
Vote: 5 – ayes (Humpfer, Hinz, Sigwalt, Ritter, Teeter) 2 – nay (Ramirez Sliwinski, Sarto). Motion
passed; the President’s ruling was overturned. President Sarto discussed in detail actions that have
been taken by the Board that he believes do not follow the law, are wrongful and act in a
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Regular Village Board Meeting 3/18/08
conspiratorial manner to undermine Village business.
Vote to table the Ordinance: 4 – ayes (Ramirez Sliwinski, Ritter, Teeter, Sarto) 3 – nay (Humpfer,
Hinz, Sigwalt). Motion passed.
EXECUTIVE SESSION
Trustee Teeter moved to adjourn to Executive Session to discuss Section 2(c)(1) of the Open
Meetings Act – 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. Trustee Ritter seconded. Vote was unanimous to adjourn to Executive
Session after a five-minute break.
The Board adjourned to Executive Session at 10:10 p.m.
The Regular Board Meeting reconvened at 10:33 p.m. All Board members returned.
Brief discussion ensued over the possibility of the Special Board Meeting to discuss the Public Works
facility be held at the current Public Works facility.
ADJOURNMENT
As there was no further business, Trustee Ramirez Sliwinski moved to adjourn the meeting. Trustee
Ritter seconded. Vote was unanimous.
The meeting adjourned at 10:34 p.m.
Respectfully submitted,
__________________________________
Therese Wilde, Village Clerk
Page 11 of 11
Regular Village Board Meeting 3/18/08
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