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12-08-1999 Special Meeting146 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, WEDNESDAY, DECEMBER 8, 1999 CALL TO ORDER: The SPECIAL meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Pro Tern Christiansen at 7: 01 p. m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Wednesday , December 8, 1999. ROLL CALL: Roll call indicated the following aldermen present : Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Also present were: City Attorney Wiltse and Assistant City Attorney Bartel. ELECTION OF ACTING MAYOR: Mayor Pro Tern Christiansen stated that the aldermen had been surveyed by the City Attorney and there was a consensus on several issued. Moved by Sayad, seconded by Beauvais, to approve the following procedures: --a member many nominate himself or herself; --no second is necessary, although one can be offered; --nominees will be allowed to speak on their candidacy for a time not-to-exceed five (5) minutes; and --no nominee will be forced to withdraw, but if there are multiple ballots, the City Clerk will ask if any wish to withdraw. Motion declared carried. Several procedures that did not receive a consensus on the survey were discussed. Moved by Sayad, seconded by Brookman, that there will not be a requirement tonight for discussion on an aldermanic replacement for the person elected Acting Mayor. Moved by Smith, seconded by Brookman, that all votes be done by a roll call. Following discussion, Aldermen Smith and Brookman withdrew their motion. Moved by Smith, seconded by Sayad, that all votes be done by written ballot and then announced by the City Clerk stating who voted for which candidate. Motion declared carried. Aldermen Christiansen, Elstner and Becker voted no. Moved by Smith, seconded by Elstner, that there be no additional questioning of the candidates by the aldermen after the first ballot. Alderman Sayad stated that he objected to this motion; he would like the opportunity to ask additional questions, especially if one of the candidates withdraws. Alderman Brookman stated that she agreed; this goes to the issue of full debate; the aldermen could always limit the amount of time. Alderman Becker stated that he agreed; the aldermen should be able to ask questions after each ballot. ACTING MAYOR (Cont 1 d.) 147 12/8/99 PAGE TWO Alderman Smith stated that this will prolong the process longer than necessary; the aldermen all know who is interested in this position and have for a long time; they could have called them about their questions. Alderman Arredia stated that there should be additional questioning but with a time limit. Upon roll call on the motion, the vote was: AYES: 3-Christiansen, Elstner, Smith NAYS: 5-Beauvais, Sayad, Brookman, Becker, Arredia ABSENT: 0-None Motion declared failed. Moved by Becker, seconded by Arredia, to allow questioning of the candidates after each ballot with a three (3) minute time limit per alderman. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Brookman, Becker, Arredia NAYS: 3-Christiansen, Elstner, Smith ABSENT: 0-None Motion declared carried. Moved by Becker, seconded by Arredia, to allow that nominations may be reopened at any time. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia NAYS: 0-None ABSENT: 0-None Motion declared carried. Mayor Pro Tern Christiansen clarified Item 12 -"If there was no result after three (3) ballots, should an Executive Session be called?" of the survey which indicated three (3) yeses and four (4) nos. Mayor Pro Tern Christiansen stated that the City Council can go into Executive Session at any time, they do not need to wait until there has been three (3) votes taken. Mayor Pro Tern Christiansen stated that Item 7 -"Should general discussion be allowed by aldermen after nominations are closed?" was handled by a previous motion which was passed. Mayor Pro Tern Christiansen stated that the City Council will be operating under the City Code and Robert 1 s Rules of Order and any motions to go into closed session or reopen nominations once closed, are contingent upon a majority vote; this is based on the advice of the City Attorney and confirmed by outside counsel that a successful candidate will need a majority vote of the City Council, which is five (5) votes. Alderman Brookman stated that she would like this procedure to be separated because she does not agree that the majority is five (5) votes. Mayor Pro Tern Christiansen suggested that this be discussed; are five (5) votes needed to elect an Acting Mayor? Alderman Smith stated that there seems to be no question based upon the advice of City Attorney Wiltse and Attorney Lucansky, as well as Robert 1 s Rules of Order; it is crystal clear; there is no room for debate. When asked City Attorney Wiltse stated that 41 municipal attorneys agreed that a majority was required, no attorney agreed that a plurality vote was allowed, absent a special rule to the contrary. Alderman Beauvais stated that a majority vote of five (5) is needed for everything that is voted on by the City Council, so she assumes that would apply to this as well. . ACTING MAYOR (Cont'd.) 148 12/8 /99 PAGE THREE Moved by Beauvais, seconded by Elstner, to confirm the legal opinion of counsel that the majority vote standard of five (5) will be used. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Arredia NAYS: 2-Sayad, Brookman ABSENT: 0-None Motion declared carried. Alderman Sayad asked what would happen to the chairmanship of the committee the new Acting Mayor held; a discussion followed on the various possibilities that would result from the election of an Acting Mayor; it was agreed that this matter would be discussed at another time. Mayor Pro Tern Christiansen stated that nominees for Acting Mayor would now be accepted. Mayor Pro Tern Christiansen nominated himself. Alderman Sayad nominated Alderman Brookman. Alderman Smith nominated himself. Alderman Arredia nominated himself. Mayor Pro Tern Christiansen asked if there were any other nominations; there being none, Mayor Pro Tern Christiansen declared that nominations are closed. The nominees were asked to make a statement as to why they want to be Acting Mayor. Alderman Arredia stated that he has the management skills and the time; he was the manager of a large corporation; in the four (4) years that he has been alderman, he has tackled some major issues, i.e. union negotiation team that he put together to help resolve some of the problems with the unions--there has not been a union problem since then, also the renegotiation of the City Manager's contract which he spearheaded and almost did himself; it is also important that the Acting Mayor organize teamwork within the City Council and with the City management; if he is elected Acting Mayor he will guarantee that the Aldermen will run the City of Des Plaines, and that the information that goes to the Aldermen will be as accurate and final as possible in order to give the Aldermen the correct information to base their decisions; he has done things outside the Eighth Ward, i.e. O'Hare Airport issues, flood way-flood plain problems, and mobile homeowner problems. Alderman Smith stated that it should be remembered that this person would be completing Mayor Paul Jung's term; this person would not serve for a full four (4) year term; he would go into this job without an agenda; he looks at things objectively; he sees things very clearly and can get to the bottom of things very quickly; he firmly believes that people are hired to do a job and they should be allowed to do it; he doesn't think the success of being Acting Mayor can be measured on the amount of time spent on the "6th Floor;" he knows he can devote sufficient time to this job; he knows that he has the personal qualities that would allow him to be an effective Acting Mayor; he is honest, consistent, a good listener; throughout his life he has been pretty much successful at things he has attempted to do; he believes he would do a wonderful job; he would make everyone proud of the job he would do. Alderman Brookman stated that one of the primary reasons she is seeking this job is that she has the ability to devote whatever time is necessary to fulfill the duties ~ ACTING MAYOR (Cont'd.) 149 12/8/99 PAGE FOUR of Acting Mayor; her only job would be that of Acting Mayor; she doesn't have any employment restrictions ; the position of Mayor in Des Plaines is part-time in theory, but she intends to give her full time and attention to the position--8:00 a.m. to 5:00 p.m. when City Hall is open and when the business of the City is being conducted; this is not the time to set new agendas or change Staff; she will work with the present Staff hand- in-hand; downtown redevelopment projects will go forward, but they need daily attention; she can bring that to the City--daily attention; the Acting Mayor should set a tone for the Staff of respect for the position and responsibilities of all elected officials; she also sees the role of Acting Mayor as dealing with broader issues, i.e. improve communication with the residents and increase their involvement, creating a comprehensive economic development plan, and working to have a stronger voice in Regional and State issues; we need to work together to seek a course that is in the best interest of the City . Mayor Pro Tern Christiansen stated that he can't add anything else to what has already been said; there are four (4) qualified candidates; there is no handbook to be Acting Mayor; a lot of it is on-the-job training; with his 12-plus years on the City Council, he has the experience to do this job; he has the understanding of all the complex issues that face the City on a day-to-day basis; he has felt strongly about issues and has voted consistently that way; even though he works full-time, he will put in the time necessary to do the job to the best of his ability; the City has always come first for him, meetings come first for him; regardless of who is elected, we have to move forward and help one another. Alderman Sayad thanked the four (4) candidates for running; it is a very difficult job; it is going to be very difficult to decide , but no matter what happens , the City is going to win. Mayor Pro Tern Christiansen opened the floor for questioning of the candidates. Alderman Sayad stated his concern about the time that the person elected would have available to do the job; he would like to know from each candidate how they would arrange their schedule; how many hours or days can they devote to the job. Mayor Pro Tern Christiansen stated that even though voters said they want a part-time Mayor, the City really got a bargain with the last three (3) Mayors who put in more than full-time hours doing their job; we have an excellent City Manager, we have excellent Department Heads; it is not up to the Mayor to micro-manage the day- to-day operations; that is why we have a City Manager; he would put in the time necessary to do the job; it doesn't take full-time hours to do a part-time job. Alderman Arredia stated that all Aldermen have learned how to regulate their night hours; the daytime hours would be determined by how much the Acting Mayor would get involved with the EDC, items of financing, meetings with other mayors; going to conferences, etc.; he does know that there can be a schedule for these activities; he believes he has the time to do the job. Alderman Smith stated that he agrees with everything that AldermanAF~e a!ra said except for Mayor Paul Jung; he didn't devote full-time hours to the job; his predecessor did, but he didn't; he was involved in other activities , i.e. his summer place up north, teaching; he understood what the job entails and it is not to micro-manage the ACTING MAYOR (Cont'd.) 150 12/8/99 PAGE FIVE City Staff; people are hired to do a job and as long as they are doing the job competently and adequately, you let them do it; the job of the Mayor is to set policy, to set a tone, and that doesn't require full-time; he has quite a bit of flexibility with his job; there is a lot of work that can be done on the phone; this job does not require someone to be there five (5) days a week, eight (8) hours a day; if it does, then maybe we should make it a full-time position with full-time pay. Alderman Brookman stated that she agrees that the position of Mayor is part-time in theory, but the residents expect a full-time level of commitment; she can do that because she is available 8:00 a.rn. to 5:00 p.rn. when the business of the City is being conducted; she has always given full-time attention to being a part-time alderman; she has the time and dedication to do the job. Alderman Sayad asked Aldermen Smith and Christiansen what kind of time commitment would they give the job; will you allocate a certain time to be at City Hall, i.e. Monday morning, 8:30 a.rn. to Noon; we need to know when the Mayor will be here to give direction, to address problems. Alderman Smith stated that was a fair question and he has given this some thought and if he is elected he will establish certain hours each week, i.e. three (3) mornings a week, two (2) mornings a week, two (2) afternoons a week; there would be specific times that he would be there; there is also E-mail, faxes, telephones; he doesn't see a communication problem. Mayor Pro Tern Christiansen stated that he, too, would work certain hours; with his job; probably morning hours, but if it rains, he could be here all day; yes, certain hours would be put in. Alderman Brookman stated that she has no job obligations or the responsibility of young children; she could devote her full attention to the duties of Acting Mayor. Alderman Becker asked each candidate if they see any reason to make any Staff changes. All candidates indicated they would not make any changes. Alderman Becker asked each candidate if they agreed that there is a lack of direction from the City Council to the Department Heads, and, if they agree, how would they go about improving that situation. Alderman Smith stated that he believes the "blue sky" sessions would be a way to improve direction to the Staff. Alderman Brookman stated that these problems can be addressed and can be changed by giving Staff clear direction; letting them know the expectations of the Mayor and the eight ( 8) Aldermen who are the policy- makers; she doesn't think this will be a problem. Mayor Pro Tern Christiansen stated the City Council may have been a little vague in giving direction and we probably can work on that, fine-tune the procedure. Alderman Arredia stated that there is a communication process that has to be developed or refined; there has to be clear direction given to the Staff; this is a communication process that can easily be resolved. Alderman Becker asked the candidates how they about obtaining grant money f rorn the State of like Mayor Jung did; would the Acting Mayor do would go Illinois that,f ACTING MAYOR (Cont'd.) 151 12/8/99 PAGE SIX would a Staff member do that, or would a new person be hired to do that; or is this not a problem. Alderman Arredia stated that he thinks it is a combination of both the Acting Mayor and a Staff member; it would depend on the issue; the City has not always pursued these opportunities like we should have; we should work closely with our local State legislators. Mayor Pro Tern Christiansen stated that yes, the Acting Mayor should go down to Springfield and any elected official that is available to go with the Acting Mayor; also coordinate our efforts with our local State legislators; there is money out there; we should get every penny we can. Alderman Brookman stated that she sees the role of Acting Mayor as working with the broader issues such as being a stronger voice in Regional and State issues; the Acting Mayor and Aldermen's presence would be very beneficial. Alderman Smith stated that he agrees with the other candidates; one of the jobs of the Acting Mayor would be to work effectively with local and State officials and if that means going down to Springfield when it is necessary, that is what should be done; the Acting Mayor should work more closely with the Northwest Municipal Conference. Alderman Sayad asked all the candidates what their feelings are about the surrounding communities and have a good line of communication with them; what would they do to improve that. Mayor Pro Tern Christiansen stated that he would hope to maintain the line of communications with the other suburbs and even improve on them; the more elected people we can get together to represent ourselves on certain issues it will be a stronger voice for us; it is essential to keep these lines open and maintain friendships with these communities. Alderman Brookman stated that all lines of communication should be open and we should reach out to other neighbors; it will give us more leverage on State and Regional issues. Alderman Smith stated that of course we have to have open lines of communication with other leaders; we have to talk to other communities; we have lots of regional issues that need to be in conjunction with other towns. Alderman Arredia stated that he agrees with the other candidates; it would be a mistake to not work with the communities surrounding Des Plaines. Moved by Beauvais, seconded by Becker, that the vote be taken on electing an Acting Mayor. Motion declared carried. City Attorney Wiltse explained to the Aldermen the voting process: the City Clerk will distribute a ballot to each Alderman who will write their name in the upper right hand corner; they will mark the ballot for the candidate of their choice; the Aldermen will fold their ballot; the City Clerk will collect the ballots, return to her chair where she will tally the vote (with the City Attorney watching the procedure) , announce the vote and then announce who voted for which candidate. ACTING MAYOR (Cont'd. ) RECESS: 152 12/8/99 PAGE SEVEN BALLOT #1 PINK Candidate Christiansen received two (2) votes (Elstner, Christiansen) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; Candidate Smith received one (1) vote (Smith); and Candidate Arredia received two (2) votes (Beauvais, Arredia) . City Clerk McAllister asked if any candidate wished to withdraw their nomination at this time. There were no nominations withdrawn. Alderman Brookman stated that she wishes to raise the issue of the number of votes needed to elect an Acting Mayor; she asked that her position be entered into the official record of this meeting: "It is my contention that the vote needed to elect an Acting Mayor is a plurality--the most votes cast , rather than a majority. I believe that the State Statutes control in this matter. I believe the votes just cast constitute the election of an Acting Mayor. If the City Attorney directs us to continue voting, I will participate, but I contend that we have already elected an Acting Mayor." Mayor Pro Tern Christiansen reminded Aldermen Brookman that the City Council already voted earlier in the meeting that a majority of five (5) votes would be needed to elect an Acting Mayor. BALLOT #2 BLUE Candidate Christiansen received two (2) votes (Elstner , Christiansen) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; Candidate Smith received one (1) vote (Smith); Candidate Arredia received two (2) votes (Beauvais , Arredia ) . Moved by Smith, seconded by Sayad, to take a five (5) minutes recess. Motion declared carried. The City Council recessed at 8:36 p.m. The City Council reconvened at 8:47 p.m. City Clerk McAllister asked if any candidate wished to withdraw their nomination at this time. No candidate withdrew their nomination. Alderman Sayad stated that he would like to go on record that he agrees with Alderman Brookman on her earlier statement for the record that a plurality vote is sufficient to elect an Acting Mayor. Alderman Sayad stated he will continue to vote if the City Attorney advises him to vote with his objection. City Attorney Wiltse stated that as he has advised the Aldermen and the other 40 municipal attorneys have advised the Aldermen, a majority vote of five (5) is required. Alderman Becker stated that he would like to go on record that he agrees with Alderman Sayad, but he would like to have another vote taken before going into Executive Session. BALLOT #3 GREEN Candidate Christiansen received two (2) votes (Elstner, Christiansen) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; ACTING MAYOR (Cont'd.) EXECUTIVE SESSION: RECESS: 153 12/8/99 PAGE EIGHT Candidate Smith received one vote (1) vote; and Candidate Arredia received two votes (2) (Beauvais, Arredia) . Moved by Becker, seconded by Sayad, to go into Executive Session to discuss filling the vacancy of an elected official. Upon roll call, the vote was: AYES: 6-Beauvais, Sayad, Brookman, Becker, Smith, Arredia NAYS: 2-Christiansen, Elstner ABSENT: 0-None Motion declared carried. The City Council recessed at 8:52 p.m. The City Council reconvened at 9:40 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. City Clerk McAllister asked if any candidate wished to withdraw their nomination at this time. No candidate withdrew their nomination. BALLOT #4 YELLOW Candidate Christiansen received two (2) votes (Elstner, Christiansen) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; Candidate Smith received one (1) vote (Smith); and Candidate Arredia received two (2) votes (Beauvais, Arredia) . Mayor Pro Tern Christiansen stated that the City Council has two (2) options at this point: take another ballot or recess to a date certain. Alderman Smith asked that one more ballot be taken. BALLOT #5 PURPLE Candidate Christiansen received three (3) votes (Elstner, Christiansen, Smith) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; Candidate Smith received no votes; and Candidate Arredia received two (2) votes (Beauvais, Arredia) . Moved by Smith, seconded by Christiansen, to take a five (5) minute recess. Upon roll call, the vote was: AYES: 3-Christiansen, Elstner, Smith NAYS: 5-Beauvais, Sayad, Brookman, Becker, Arredia ABSENT: 0-None Motion declared failed. City Clerk McAllister asked if any candidate wished to withdraw their nomination at this time. No candidate withdrew their nomination. BALLOT #6 SALMON Candidate Christiansen received three (3) votes (Elstner, Christiansen, Smith) ; Candidate Brookman received three (3) votes (Sayad, Brookman, Becker) ; Candidate Smith received no votes; and Candidate Arredia received two (2) votes (Beauvais, Arredia) ACTING MAYOR (Cont'd.) RECESS: ADJOURNMENT: 154 12/8/99 PAGE NINE Moved by Elstner, seconded by Sayad, that a Special meeting of the City Council be held on this matter immediately following the Budget Hearing on Monday , December 13, 1999, at approximately 7:30 p.m., and if one or more alderman is not present, the meeting will not be held. Alderman Becker stated that the people deserve a Mayor; we are here tonight to elect a Mayor; it should be done tonight; he will be voting against this motion; if the meeting is held on December 13, 1999, he hopes the candidates will look to the best interest of the citizens of Des Plaines and try to move forward from that day and put their personal feelings and egos aside. Alderman Smith stated he will be voting against this motion also; we are here to elect a Mayor tonight; we should try to work this out tonight; there is no reason why we can't do this tonight. Moved by Smith, seconded by Becker, to take a ten (10) minute recess. Upon roll call, the vote was: AYES: 3-Becker, Smith, Arredia NAYS: 5-Beauvais, Christiansen, Elstner, Sayad, Brookman ABSENT: 0-None Motion declared failed. Upon roll call on Alderman Elstner's motion, the vote was: AYES: 5-Christiansen, Elstner, Sayad, Brookman, Arredia NAYS: 3-Beauvais, Becker, Smith ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Sayad, that the SPECIAL meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:56 p.m. -_-· -C-I T_Y_C_L_E_R_K APPROVED BY ME THIS