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09/09/10: Minutes - August 11, 2010 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, August 11, 2010 at the Hillcrest Village Hall. President Pro Tem
Mecklenburg called the meeting to order at 7:01 p.m. answering the roll call was
Trustees Jim Mecklenburg, Rich Elliott, Randall Salsbury, Jim McMullin and Vicki
Stewart. President Rich Hicks was absent due to a conflict with his place of
employment. Trustee Unger was absent due to illness.
President Pro Tem
Mecklenburg called for a motion to approve the minutes of the June 16, 2010
budget workshop, the minutes of the June 30, 2010 special meeting and the July
14, 2010 regular monthly meeting. The minutes of the June 16, 2010 budget
workshop, the minutes of the June 30, 2010 special meeting and the July 14, 2010
regular monthly meeting were approved upon a motion made by Trustee Elliott;
Trustee Stewart seconded the motion. Vote as follows: Mecklenburg – yes, Elliott
– yes, Salsbury – yes, McMullin - yes and Stewart – yes. The motion passed
unanimously.
President Pro Tem Mecklenburg gave the treasurer’s report,
as of June 30, 2010 the general fund had a balance of $139,170.78; motor fuel
tax fund had a balance of $145,042.60 and the water fund had a balance of
$69,213.56. A motion to approve the treasurer’s report was made by Trustee
Stewart; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg –
yes, Elliott – yes, Salsbury – yes, McMullin - yes and Stewart – yes. The motion
passed unanimously.
President Pro Tem Mecklenburg presented the Board of
Trustees with the claim sheet. A motion to approve the bills as submitted was
made by Trustee Elliott; Trustee Salsbury seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin - yes and Stewart –
yes. The motion passed unanimously.
DEPARTMENT UPDATES
FINANCE:
Trustee Mecklenburg stated the Village is almost done wrapping up fiscal year
2009 - 2010 to take to the auditor; this should be completed by the end of the
month. Trustee Mecklenburg stated that there has been no news from the State
concerning the grant money for the sewer system.
WATER: Trustee Elliott
reported there was no new business to report.
HEALTH & WELFARE:
Trustee Salsbury reported there was no new business to
report.
ORDINANCES: Trustee McMullin reported there was no new business
to report.
STREETS: No report was available due to Trustee Unger’s
absence.
BUILDINGS & GROUNDS: Trustee Stewart reported there was no
new business to report.
POLICE DEPARTMENT: No report was
available.
BUILDING DEPARTMENT: No report was available.
President
Pro Tem Mecklenburg stated that it is hard to sit up here and give a detailed
report when the Board of Trustees is spending as little as possible due to
budgetary constraints basically what that means is that the Village is
maintaining the water system, patching the streets and handling emergencies as
they occur and nothing more.
ATTORNEY COMMENTS: No attorney comments at
this time.
VISITORS: No visitor comments at this time.
OLD
BUSINESS
President Pro Tem Mecklenburg stated there is no old
business.
NEW BUSINESS
President Pro Tem Mecklenburg stated the first
item under new business is the Flood Damage Prevention Ordinance. President Pro
Tem Mecklenburg stated that he was aware that the Village already has a flood
prevention ordinance in place and he asked Attorney Temple to explain. Attorney
Temple stated that he would prefer if Clerk Adams were to explain the ordinance
only because she typed up the ordinance and is more familiar with it. Clerk
Adams stated that Building and Zoning Administrator, Casper Manheim is actually
the appropriate Village official to address the issue.
Building and
Zoning Administrator, Casper Manheim explained that the Flood Damage Prevention
Ordinance is the result of the Federal Emergency Management Agency and the
Department of Natural Resources working together to have one cohesive ordinance
throughout the nation. Building and Zoning Administrator, Casper Manheim
explained that the Village passed a similar ordinance April 7, 1994 by passing
that ordinance the Village was enrolled in the National Flood Insurance Program
which allows property owners within the 100 year flood plain to purchase flood
insurance on their homes and or their businesses. Building and Zoning
Administrator, Casper Manheim explained that if the Village does not pass this
new ordinance the Village would be dropped from the National Flood Insurance
Program which means that property owners in the 100 year flood plain would no
longer qualify to purchase flood insurance on their homes or their businesses.
Building and Zoning Administrator, Casper Manheim went on to explained that the
properties along River Road are in the 100 year flood plain which means without
this ordinance in place these property owners will not be able to purchase flood
insurance and the banks will not issue loans for those properties which means
that those property owners would not be able to borrow money to improve their
homes and the banks would not lend money to potential buyers if the property
were for sale.
Building and Zoning Administrator, Casper Manheim stated a
benefit to the Village is that if the Village should apply for grant money in
the future whether it be State or Federal the Village would be looked upon more
favorably than communities that are not part of this program.
Building
and Zoning Administrator, Casper Manheim stated that there would be a little
expense to the property owners because they are required to have their property
surveyed by a surveyor to determine the flood elevation; the property must be
one foot above the 100 year flood plain before the State will issue a permit.
Building and Zoning Administrator, Casper Manheim stated that all property
owners who have property located in the flood plain must apply with the
Department of Natural Resources and secure a permit through that agency before
the Village can issue a permit for any building whether it is a pool, a utility
shed, garage or a house.
Trustee Elliott asked how many properties are
involved. Clerk Adams stated that she had sent out twenty one letters to
residents notifying them that they had to secure permits through the Department
of Natural Resources before they can apply for a building permit from the
Village. Trustee Elliott stated that the number of properties surprised him.
Clerk Adams explained that if any portion of a property is within the flood
plain the property owner must obtain a permit through the Department of Natural
Resources. Building and Zoning Administrator, Casper Manheim stated that in
dealing with this issue he discovered that the survey to determine the flood
elevation at this time would cost property owners upwards of $600; but that is
the only way to determine if the property is one foot above the 100 year flood
plain.
President Pro Tem Mecklenburg stated but is this a benefit to our
residents. Building and Zoning Administrator, Casper Manheim stated yes it is a
benefit to the residents as well as the Village other municipalities that I deal
with are in this program even though they do not have flood plain issues because
it gives them favor when they apply for grants. Building and Zoning
Administrator, Casper Manheim stated the other reason to be part of the program
is that Village residents will be able to purchase flood insurance at a lower
rate.
President Pro Tem Mecklenburg asked Building and Zoning
Administrator, Casper Manheim if there is any difference in the flood plain from
the time the Village passed the ordinance in April of 1994 and now. Building and
Zoning Administrator, Casper Manheim stated no. President Pro Tem Mecklenburg
stated if I understand this correctly nothing has changed this is just the
State’s attempt to standardize the flood plain ordinance throughout the state.
Building and Zoning Administrator, Casper Manheim stated that is correct;
basically the State wants all municipalities to throw out their existing
ordinance and adopt the template that they have given you as to avoid problems
in the future.
Attorney Temple stated that there is one change that he is
going to recommend and that is on page 27, section 13 entitled penalties the
template gave the Village three options and initially Village Attorney was
inserted; however I believe that should be the Building and Zoning Administrator
due to the fact that at some point in the future if I were to act in this
capacity I could be a potential witness; therefore I could not act as Village
attorney. After a brief discussion Trustee Stewart made a motion to pass the
Flood Damage Prevention Ordinance with the change of Building and Zoning
Administrator being inserted on page 27 and 28 where it says Village Attorney;
Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes,
Elliott – yes, Salsbury – yes, McMullin – yes and Stewart – yes. The motion
passed unanimously.
President Pro Tem Mecklenburg called for a motion to
enter into executive session for the purpose of discussing personnel, pending
litigation and to review executive session minutes. Trustee Elliott made a
motion to enter into executive session to discuss personnel and pending
litigation and to review executive session minutes; Trustee Salsbury seconded
the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin - yes and Stewart – yes. The motion passed unanimously. The Board of
Trustees entered into executive session 7:25 p.m.
President Pro Tem
Mecklenburg called for a motion to return to open session. Trustee Elliott made
a motion to return to open session; Trustee Salsbury seconded the motion. Vote
as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin - yes and
Stewart – yes. The motion passed unanimously. The Board of Trustees returned to
open session at 8:22 p.m. President Pro Tem Mecklenburg stated no decisions were
made in executive session. President Pro Tem Mecklenburg called for a motion to
approve the executive session minutes for the June 30, 2010 special meeting and
the minutes of the executive session for the July 14, 2010 regular monthly
meeting; Trustee Stewart made a motion to approve the executive session minutes
for the June 30, 2010 special meeting and the minutes of the executive session
for the July 14, 2010 regular monthly meeting; Trustee Elliott seconded the
motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin – yes and Stewart – yes. The motion passed unanimously.
PUBLIC
COMMENT
No public comment at this time.
There being no further
business to transact a motion to adjourn was made by Trustee Stewart; Trustee
McMullin seconded the motion. Vote as follows: Mecklenburg – yes, Elliott – yes,
Salsbury – yes, McMullin – yes and Stewart – yes. The motion passed unanimously.
The meeting adjourned at 8:23 pm.
Terri Gregory approached the podium and
asked about public comment. President Pro Tem Mecklenburg apologized for the
oversight. Trustee Elliott made a motion to reconvene; Trustee Stewart seconded
the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin – yes and Stewart – yes. The motion passed unanimously. The Board of
Trustees reconvened at 8:24 p.m.
Terri Gregory of 208 Roy Avenue
addressed the Board of Trustees concerning the flood damage prevention ordinance
and asked if she could discuss the floodplain. Attorney Temple stated that it
was an agenda item and that Ms. Gregory had to standard two minutes to address
the issue. Ms. Gregory stated that the Board of Trustees all know how she feels
about Regional Ready Mix, it is in the floodplain; I know it is I have a map.
Ms. Gregory stated that she had been attending meetings for the last sixteen
months in an effort to get on the agenda to be able to discuss the cement plant
and what it is doing to her home, her health and her sanity. Ms. Gregory stated
so; they are in the flood plain and what can we do about it. Attorney Temple
stated are you asking me what you can do about it. Ms. Gregory responded, yes.
Attorney Temple stated if you believe that there has been an ordinance violation
then you need to bring that to the appropriate official’s attention in this case
that would be Building and Zoning Administrator, Casper Manheim and an
investigation can be conducted if the result of the investigation determines
that a violation has occurred then an appropriate fine can be levied against the
cement plant. Attorney Temple stated outside of that I cannot give you any legal
advice, you are not my client and I could lose my license for that; my only
other suggestion is that you can consult an attorney. Ms. Gregory stated that
the residents in the area were told that the cement plant had been issued a
temporary permit for two years and that was four years ago; I know that is not
the issue here tonight; but they are in a flood plain and whatever is going to
happen is going to happen. Ms. Gregory stated that she had turned in letters of
complaint to be on the agenda and that she needed to discuss the issue with the
Board of Trustees because this is affecting our health, our home, our sanity and
our ability to enjoy our property; so I am just letting you know. Ms. Gregory
thanked the Board of Trustees for their time.
President Pro Tem
Mecklenburg stated if I may add there are legal ramifications for the Board of
Trustees if there is action taken concerning this issue. Ms. Gregory stated the
way I feel is that you are here for the residents. President Pro Tem Mecklenburg
stated to a certain extent; we do not get involved in civil matters concerning
residents. Ms. Gregory continued to state her case and Attorney Temple told her
that the Board of Trustees was not ignoring the situation; but unless there was
an ordinance violation the Village could not get involved.
There being no
further business to transact a motion to adjourn was made by Trustee Stewart;
Trustee Elliott seconded the motion. Vote as follows: Mecklenburg – yes, Elliott
– yes, Salsbury – yes, McMullin – yes and Stewart – yes. The motion passed
unanimously. The meeting adjourned at 8:27 pm. The next regular monthly meeting
will be held September 8, 2010 at 7:00 p.m. at the Hillcrest Village
Hall.
Respectfully submitted,
Teresa J. Adams,
Village
Clerk
Posted: 9/9/2010 |
Updated: 9/9/2010