2010 Grafton Township Annual Meeting - Part 11

PART 11
Moderator: Is there a 2nd to the motion? Motion 2nd. Okay what the motion was, was to accept # 8, the old 7, which now reads, a motion to authorize the purchase of the village real property by Grafton Township the lake in the hills. …..to ratify. That’s what that is. Alright, if you want them to be able to accept that, you vote against it….wait a minute. You guys need to discuss this.
Aileen Seedorf: Did they already say we own it? Then if we own it…..
Moderator: They’re trying to ratify that it was okay for them to buy it two years ago.
From the crowd: So we don’t know.
Aileen Seedorf: Very briefly, on Ancel Glinks site I read something that says you cannot ratify something that was illegal. That judge says you can’t so that. You can’t ratify, right?
Attorney: what the judge said in the circuit course case was that the Township has to go back to the beginning in terms of the purchase of the land…that’s what this is in effect is a request for a motion for the township electors to approve the purchase and keep the land.
From the crowd: Point or order!
Attorney: If you don’t want to take and keep the land, then you’ll vote no. If you want to keep the land affirm what was done illegally, you vote yes. Just to be clear, when I say illegally, I don’t mean that it was illegal in substance to buy the land, it’s just procedurally the courts found that it wasn’t done properly at the Township town annual meeting. It’s not that its illegal to buy the land…in fact the court said specifically that buying the land is certainly within the powers of the township electors.
Moderator: Gentleman in the blue shirt in front.
Paul Troy: I’d like to make an amendment to the motion to adopt the resolution. The amendment is that we use paper ballots to vote on this.
Moderator: That’s not an amendment to the motion.
Unknown Male: I’m not commenting pro or con but what I’m commenting on is, when we take this vote, we should ask ourselves, ‘Is this the way Christ would want it’? I stake my reputation on that as a Christian.
Call to question.
Unknown male: it seems to me that its very pertinent the opinion of Lake in the Hills prior to vote on any resolutions of 7, 8, 9, or 10, because we need to know whether or not they have any desire or intent to purchase it. If they don’t we’re out a lot of money. I would move that we amend these resolutions and postpone it to the next meeting or something. (Crowd strongly disagrees) We could lose a lot of money, right? Okay if you want to do it go ahead. ….it’s kind of disappointing that no one showed up for Lake in the Hills.
Moderator: Call to questions. 2nd Mr Ziller Sr. Call to question. Restate the motion was to Approve the resolution authorizing the purchase of village property by Grafton Township, meaning the Haligus Road. All those in favor of this motion? Call to question first. I’m sorry. Call to question: All those in favor raise you hands. All those opposed? Motion carried.

Moderator: And now we’ll go to the motion. The motion is to Approve the resolution authorizing the purchase of village property by Grafton Township, the Haligus Road property…….The attorney wants to make a correction here of what you’re voting on…clarification.
Keri-Lyn Krafthefer: On the old #8 which is the new resolution 9, this offers the property back to sale….
Moderator: She retracts that. Okay, resolution authorizing the purchase of village property by Grafton Township on Haligus Road. All those in favor raise your hand….your ballots. All those opposed. Motion carried.

Moderator: Moving on to the next resolution authorizing the conveyance of the town real property on Haligus Road. Quickly let’s quickly, for the sake of time here, let’s explain that. Do we have a motion to o that? (1st and 2nd) And the motion on the floor now is resolution authorizing the conveyance of the township real property of Haligus Road. Now we will let her explain what that means.
Keri-Lyn Krafthefer: This offers the property back to the Village of Lake in the Hills. If the village doesn’t want it, the township keeps the property.
Mr Kurns: This resolution…on page…on section 5 in the resolution, you have in there that we have to pay the Village of Lake in the Hills $999k for this property. $99k…it says we have to pay the Village of Lake in the Hills $99k.

Moderator: I’m going to read it as it’s stated in here. I’ll read her section 5. They corrected me. I’ll read the whole thing. Upon formal adoption and execution of the resolution authorizing conveyance of Township real property, Haligus Road, and upon approval from the Village of Lake in the Hills, Grafton Township, hereby, conveys said real property to the Village of Lake in the Hills and authorized and directs the Township supervisor and clerk to execute and attest and any and all documentation necessary to effectuate said property conveyances that you have the Village of Lake in the Hills repay to the township the sum $99,429.15 which was the purchase price pad by Grafton Township for said property. Does that answer your….

2010 Grafton Township Annual Meeting - Part 10

PART 10
(Again, a gentleman on the left of the room is standing to speak but the moderator refuses to acknowledge him.)
Moderator: I will recognize the lady at the top, in the white.
Unknown Female: …people who cant stand up, they get these (holds up pink ballots) and when you want to vote, just have raise ether little pink things for yes, and when they want to vote no. No. (raises ballot) Then they don’t have to stand up and they’re still recognized.
Henry: I think that we made a big error here and one of the things is, with all these ballots that I found laying in the hallway, I’m entitled to vote 30 times. Is that legal?
Moderator: I understand that’s why we originally had you standing. Your point is well taken. Sir in the green jacket.
Unknow male: Last week Thursday, the Grafton Township passed a separation between voters and non-voters. I don’t see it happening. Where’s the separation between the voters of Grafton Township and the participants that are just listeners? I don’t believe there’s…I don’t believe that you all…split it a voter section and a senior section. Is that true that they did vote, last week Thursday - to split? And it’s not happening, sir.
Moderator: Okay, Ummm….we chose to run this the way it is. (Who’s we?)
Unknown male: Inaudible
Moderator: We voted on that. Discussion’s already been done. The debate and everything’s already been done and the motion passed. We have a motion on the floor to strike items now 2 through 7; formerly 1 through 6. Do we have a second to that motion? Okay. We have a call to question? 2nd?
All those in favor to call the vote? All those opposed? Motion has carried.

Moderator: We are now voting on the motion which is to strike items 2 though 7 formerly 1 through 6. Everyone understands? All those in favor of striking those motions? (Items) All those opposed. Motion is carried. They are stricken.

Moderator: We will move on to…..explain.
Keri-Lyn Krafthefer: The next decision that you have to make is with respect to the to the Haligus Road Property. You have three options on the agenda. Old resolution 7 which is new resolution 8; that ratifies the purchase, The Township will keep the property. Old resolution 8 which is new resolution 9 would sell Haligus Road Property back to Lake in the Hills if Lake in the Hills wants it back. We do not know for sure if they want it but it’s like selling your house. If you sell your house to someone and they come back to you, they can’t force you to undo that sale, necessarily. But this would express your intent to the village that you would want to sell it back to them. Old resolution 9 which is now resolution 10 offers the Haligus Road property up for sale generally. Under the contract that the township had with Lake in the Hills, the village has a right to first refusal. So under what is new resolution 10, old resolution 9, this offers the property for sale. If the village wants to purchase the property, the village can purchase the property under the right of first refusal. However, they’re not required to in which case the village can sell the property…the township can sell the property to who else wants it. So the difference between 9 and 10 is that if you vote for 9, and the village doesn’t want to purchase the property, the township still keeps the property. Under #10, if the village does not want to keep the property, the township still sells the property to someone other than the village if the village doesn’t want it. Those are the differences between the resolutions.
Moderator: Okay # 7
Barbara Forman: My question is - I understand 8, 9 and 10 - what I want to know is if Lake in the Hills does not want to take the property back, how much, roughly, is that property going to cost us, ‘til we can sell it? What is the interest that it’s going to cost us?
Betty Zirk: That property is already paid for. There is no additional cost. The only expense the Township would have is the upkeep of it …the mowing of the grass during the summer. Otherwise the land has been purchased. Until it is sold, again….whatever happens here.
Moderator: chair recognizes the man up top in the blue the lady…
Marcia: (Confusion about how to make a motion) I make a motion to accept resolution # 8.
Moderator: Is there a 2nd to the motion? Motion 2nd. Okay what the motion was, was to accept # 8, the old 7, which now reads, a motion to authorize the purchase of the village real property by Grafton Township the lake in the hills. to ratify. That’s what that is.

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2010 Annual Grafton Township Meeting - Part 9

PART 9
From the crowd: How do you know( who voted for or against)!?
Moderator: Roberts Rule of Order. That’s the way it is. Okay. We’re going to move on. We’re not having a motion to strike. We have another point of order.
Unknown Male: Even though I’m voting with the majority here, which I can appreciate one way or the other, the people that don’t go the way that the swaying is; I’d like to make a point about the gentleman who are putting up signs and so forth. My understanding is that in a place like this where you’re blind, you really can’t have signs and all that sort of stuff. And I really regret that you’re sitting there, holding signs, telling me how to vote. (Cheers from the crowd)
Moderator: People holding the signs. Please refrain from that.
Crystal Sheehan: Just in the interest of saving some time, can we just hold up our pink pads?
Moderator: …on the agenda now to move forward. There’s no more discussion. We are moving forward on the agenda. The discussion is….
(Point of order)
Don: I’d like you to reconsider the vote for a couple reasons here. The pink ballots were handed out to the individuals who unfortunately cannot stand and sit with each vote that takes place. The purpose of the ballot was to accommodate those votes. I would like the chairman to reconsider taking the vote by ballot.
Moderator: The gentleman has voted in favor of the motion, (How does he know that???) so he is valid with his reconsideration. Is there a second to the reconsideration?
Unknown male: I 2nd.
From crowd: What about the people that didn’t get the pink ballot?
Moderator: Okay, the reconsideration on the motion. We are going to vote again. This time, when we vote on this motion, please hold your pink ballots high. (Confused about what is being voted on. Moderator talks with the attorney). The point of order that’s been called is we have to vote on the reconsideration to vote by ballots.
Unknown male: I want the moderator to realize that these doors here are wide open and anybody…. can walk in here and vote.
Various People in the crowd: They’re all walking out. They’re leaving.
(More confusion about who got ballots and who did not.)
Moderator: Point of order on the floor….the motion to reconsider is only a motion to reconsider the vote. All’s it is is a reconsider to vote. You’re not voting on the motion again. It has been 2nd. Okay, so, the motion on the floor is to reconsider the vote on the original motion that was approved. There is no discussion on reconsider. All those in favor of reconsidering the vote, please hold up your pink ballots. Motion failed.
Tammy Luthe: (Inaudible)
Moderator: We are right now moving on…the motion was passed. We are moving down the list now. We are on…resolution……..we are moving down item one, item two, item three. It was suggested that we have a motion to strike item one, which is now item two, through item six because we already voted on a motion that took care of all of that. Is there a motion to strike? (Calls on Mr Kurns)
Mr. Kurns: Mr chairman, I move to strike item…resolutions 2, formerly 1,3,4,5,6,7.
From the crowd: Not 7
Moderator: Items 1 through6 originally, now items 2 through 7….so everyone understands.
From the crows: No! Only through 6!
Moderator: Is there a second to that motion? Motion has been moved and 2nd. We will have discussion to strike those items.
(People on the left are standing to speak but the moderator calls on Mr. Kurns again.)
Moderator: Someone needs to stand up.
From the crowd: We have been standing!
(The moderator allows Mr Kurns to proceed.)
Mr. Kurns: Items 2 through 7 have been covered in the previous motion and it’s no longer valid.
Moderator: The gentleman in the blue shirt over here would like to speak. Let’s keep this contained to the motion.
Dave: ….paper ballots on all….since the first motion got pushed through…without debate and without a proper vote….Inaudible…
Moderator: Okay, understood. Man in the orange hat at the top.
Don: This sounds like an extension of the board meetings. Let’s continue with the agenda and eliminate this minutia and let democracy prevail.
The moderator call to Mr. Luis.
Mr Luis(Green Shirt): I don’t realize why we discuss any longer the fairness of the voting, ‘cause “Ray Charles” can see that it’s overwhelm……..(crowd screaming point of order)
Moderator: Point of order.

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2010 Grafton Township Annual Meeting - Part 8

PART 8
Green: Does the township own the garage and everything prior to all this going on? If the garage and everything was already owned by the township, why do we have to pay for something twice?
Pat Cohen: I’ll attempt to give a brief history lesson. Back in the old days road districts could not own property. Therefore, what happened in the distant past was that road district money was used to build the garage but the land was owned by the township because the road district could not own land. So I understand your concern, ‘Why did the road district buy property that it already paid money to build the building on?’, and you have to go back to the legislators back in the 40’s and 50’s for that answer but that’s the conundrum that everybody faced when the issue of selling the property to 3rd parties occur which forced the road district to attempt to buy the garage facility.
(Notice the moderator continues to ignore the attendees on the left of the room and only calls on those sitting on the right.)
Peter B: I have a question regarding the ownership of the buildings. You were saying that the road department owned the buildings prior to the sale?
Pat Cohen: Their money was used to build the buildings.
Peter B:.....so you own the buildings. Who’s going to own the buildings after this transfer?
Pat Cohen: The Township will own the property and anything that is on the property.
Peter B: …..so they will also own the buildings at this point in time.
Pat Cohen: Subject to the lease back to the road district for the 20 years.
Peter B: They’re just leasing the use of it, though, they’re not taking ownership….so there’s a transfer of ownership of the buildings with this transfer back or the undoing.
Pat Cohen: (Nods yes)
Moderator: It’s reverting back to 2007. (Looks to Pat Cohen) Correct?
Peter B: Well we’re not because in 2007 the road district owned the buildings and now the township will own the buildings.
Moderator: The Township owned the buildings.
Pat Cohen: By law if….(inaudible)
Peter B: Okay. My seconds question I have is, the original sale was for $611k, is that correct?
Moderator: Yes.
Peter B: Why are we buying it back for $700k? I understand if you have a loan but where’s the extra $89k?
Pat Cohen: As I attempted to previously state, part of the transaction was free rent for 18months and the road district would have to pay interest on the loan that they took out. So when you combine the rent that should have been paid and the interest that the road district paid, that totals in excess of $700k but in order to pay the loan off, all that is needed is $700k. So that’s the reason for the $700k to take away the debt that the road district, otherwise, has to pay in interest that isn’t needed in order to unwind the transaction or give the money back to the same position they were prior to 2008.
Tim Hauft: Call to question.
Moderator: Call to question. Is there a 2nd?
Joe: I 2nd.
Moderator: …..All those in favor of calling the question, please stand.
All those opposed, please stand. Call to question’s passed.
We will proceed to vote on the motion.
(People express frustration that the moderator ignored hands that were raised during discussion.)(Someone commented, “Their going to bankrupt themselves!”)(Gerry McMahon: “That’s exactly right!”)
The motion is, that we are voting on right now: To accept the resolution by the GraftonT ownship Road District and his attorney dated February 26th, 2010 which unwinds the Grafton Township Road District – Grafton Township real property transaction that was unlawfully executed. All those in favor of the motion, please stand. (“Green Shirts” hold up cards to direct voting in favor of the motion.) All those opposed, please stand. (People scream to use the paper ballots that were provided and were instructed to use, by the moderator, at the start of the meeting) Motion has carried. It is clear….(Inaudible due to cheering) In the state of Illinois rules the chair can count ballots by people standing. The potion has passed. (Someone yells, “Who’s registered voters!” and another, “How do you know they’re registered voters?!”)

Moderator: I’d like to ask a motion now with that motion being passed to strike items 2 thru 6 or 2 thru 7 which were originally 1 thru 6. So we need a motion to strike those items. (The moderator automatically looks up to Mr. Kurns.) (From the crowd, “Is that your brother?” “Yes it is”)
(Diane Aires moves from her seat and approaches the moderator - perhaps refusing to be ignored. The moderator hesitates before calling on her.) (A gentleman from the crowd says, “I quit.”) (People begin to leave.)
Diane Aires: …privilege as a person who has studied constitutional law and……I believe the rules or laws have been violated here. For two reasons: For one thing, you did say you have the right to take a vote by standing, however, you have allowed more people into this audience than just qualified voters. So if you take a vote by the number of people in this audience standing….qualified to vote here? And secondly, this is another point of which I’m concerned, I do believe that the rule of law requires if we use a paper ballot, that this be a secret ballot that we need not announce our vote to the world. You know, when you came in here, you were handed a ballot and each ballot has a number on it, and that number was written next to your name on your voter registration. Therefore, there is nothing secret about this ballot. All they have to do is look at the sheet and the number and they know exactly how you voted. (The right side of the room begins to shout, “Point of Order!”) I call for reconsideration.
Moderator: There has been a call for reconsideration.
Unknown male: Mr. Chairman, on the question of the Point of Order, the young lady has put a motion for reconsideration on the floor. Only a person who has voted for the motion can make such a motion.

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