<< Back To Meetings
09/08/10: Minutes - September 8, 2010 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, September 8, 2010 at the Hillcrest Village Hall. President Pro Tem
Mecklenburg called the meeting to order at 7:02 p.m. answering the roll call was
Trustees Jim Mecklenburg, Rich Elliott, Randall Salsbury, Trevor Unger and Vicki
Stewart. President Rich Hicks was absent due to a conflict with his place of
employment. Trustee McMullin was absent.
President Pro Tem Mecklenburg
called for a motion to approve the minutes of the August 11, 2010 regular
monthly meeting were approved upon a motion made by Trustee Stewart; Trustee
Elliott seconded the motion. Vote as follows: Mecklenburg – yes, Elliott – yes,
Salsbury – yes, Unger - yes and Stewart – yes. The motion passed
unanimously.
President Pro Tem Mecklenburg gave the treasurer’s report,
as of August 31, 2010 the general fund had a balance of $142,019.84; motor fuel
tax fund had a balance of $147,212.38 and the water fund had a balance of
$75,010.94. A motion to approve the treasurer’s report was made by Trustee
Elliott; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes,
Elliott – yes, Salsbury – yes, Unger - 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 Salsbury; Trustee Elliott seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, Unger - yes and Stewart – yes.
The motion passed unanimously.
DEPARTMENT UPDATES
FINANCE: Trustee
Mecklenburg reported there was no new business to report.
WATER: Trustee
Elliott reported there was no new business to report.
HEALTH &
WELFARE: Trustee Salsbury reported there was no new business to
report.
ORDINANCES: No report was available due to Trustee McMullin’s
absence.
STREETS: Trustee Unger reported there was no new business to
report.
BUILDINGS & GROUNDS: Trustee Stewart reported there was no
new business to report.
POLICE DEPARTMENT: No report was
available.
BUILDING DEPARTMENT: No report was available.
ATTORNEY
COMMENTS: Attorney Temple stated over the past few months he has had a couple of
board members approach him concerning the residency of a particular board member
and whether they can continue to be on this board and what the procedure would
be if any for addressing this particular issue and the bottom line is this as
far as the residency requirement of a board member Illinois state statue is very
specific that if a vacancy occurs and it is more than a temporary removal of
residency from the municipality it is up to the corporate authority to determine
if this constitutes a vacancy or a temporary absence. Attorney Temple stated
that he was aware that at least two board members had been contacted by members
of the community concerning this particular issue that is why he felt that it
was important to address this issue under attorney comments in full view of the
public to show some transparency to the community. Attorney Temple stated that
decision is the responsibility of this board whether this is more than a
temporary absence and that would require a board member to make a motion,
another board member to second the motion and then a vote taken; if the board
does determine that a vacancy exist then there is another procedure on how that
vacancy would be filled. Attorney Temple stated so this decision rest with this
board and this board alone, period. Attorney Temple asked the Board of Trustees
if they had any questions.
Trustee Stewart asked when and how a procedure
would take place; are we going to discuss this issue now. Attorney Temple stated
that would be up to you as a board if you want to discuss this tonight, whether
you want to take any action, table the issue or you can take a vote. Attorney
Temple stated ultimately if there is a vote that this is more than a temporary
absence for this particular board member than a vacancy would be deemed to be
present and that vacancy would ultimately have to be filled by President Pro Tem
Mecklenburg; that is what the procedure would be; but we are not to that point,
yet. Attorney Temple stated first the board would have to determine that a
vacancy exist; the question is, is this more than a temporary removal from the
municipality.
Trustee Elliott asked Attorney Temple if this issue would
have to be an agenda item. Attorney Temple stated I believe so, you can discuss
the issue; but you can’t take any action without this being on the agenda.
Attorney Temple stated if you want to discuss this issue and vote on it one of
you is going to have to request that this item be on the agenda; then and only
then can one of you make a motion. Trustee Salsbury asked Attorney Temple if the
board needed proof of residency or lack of residency. Attorney Temple stated in
order to be fair this particular individual should have the opportunity to
provide proof or at the very least be able to provide an explanation and then
you as a board can determine if this is a vacancy or a temporary absence.
Trustee Salsbury stated that he thinks the Board of Trustees should give this
particular individual an opportunity to resign rather than be impeached.
Attorney Temple stated it is not an impeachment; it is up to you as a board to
determine if there is a vacancy. Trustee Stewart stated you can’t have a vacancy
if we haven’t followed the process; this particular individual has to resign or
as board members we have to determine that there is a vacancy; we can’t worry
about filling a vacancy until we go through the process. Trustee Stewart stated
to her knowledge this particular individual has not lived in the Village since
March and his current residence is not within the Village limits.
Trustee
Salsbury asked Clerk Adams if this particular individual picks up his checks or
if his checks are being mailed to him. Clerk Adams stated if this particular
individual attends the meeting he gets paid the same time the rest of the board
gets paid; if he is absent he usually comes in and picks up his check. Trustee
Salsbury stated then the Village does not have an up-to-date mailing address, do
we. Clerk Adams responded, no. Attorney Temple stated his legal opinion would be
that just because there would be proof that this particular individual lives
outside of the municipality that alone does not make this more than a temporary
absence; that does not ultimately mean that there is a vacancy. Attorney Temple
stated there may be an explanation that could make this less than a temporary
absence. Trustee Stewart stated then the Board of Trustees has to go back and
determine what is temporary. Attorney Temple stated the question the Board of
Trustees needs to ask is why is this person gone and when will they be
back.
Clerk Adams asked for permission to address the Board of Trustees.
President Pro Tem Mecklenburg granted Clerk Adams permission to address the
Board. Clerk Adams stated when it comes to a vacancy regardless of how that
vacancy is created there is more than two years remaining on this individuals
term; therefore anyone wishing to fill the remainder of this term would have to
run in April 2011 consolidated election to fill the unexpired portion of this
particular term. Trustee Salsbury stated that if this particular individual
decided to resign then the President Pro Tem could appoint someone to that
position to finish out that term. Clerk Adams stated that you as board members
can recommend people to President Pro Tem Mecklenburg, you could discuss it and
vote; however since there is more than two years remaining on this particular
term that person could only be appointed to serve from now until the election in
April of 2011. Clerk Adams stated anyone wishing to fill that vacancy absolutely
has to run in the April 2011 consolidated election you as board members do not
have the power to appoint for more two years; that is why President Hicks left
Steve Dodson’s position vacant. Attorney Temple stated that there are three
pages of procedures on how a vacancy is to be filled; however this is not the
time to get into this discussion. Attorney Temple stated at this time the only
decision to be made is to determine if there is a vacancy. Clerk Adams stated
the only other thing to keep in mind is that if this vacancy were to occur you
can appoint someone to fill the eight months between now and the election in
April 2011; then that individual would have to run for the unexpired portion of
the term and that would give an individual the advantage of running as an
incumbent. Trustee Salsbury stated if the vacancy were filled the Village would
be paying someone for some representation. Clerk Adams stated that is true and
it would be easier to get a quorum. Trustee Stewart stated this position doesn’t
have to be paid for the next eight months President Pro Tem Mecklenburg can
leave the position vacant until the election. Clerk Adams stated that is one of
your options you could leave the position vacant and save the money if that is
what you want to do; that is what took place the last time there was a
vacancy.
President Pro Tem Mecklenburg asked if there were any more
questions on the subject. Trustee Stewart stated since this particular
individual has been out of the Village since March it is my personal opinion
that this is more than a temporary vacancy. Attorney Temple stated what if this
particular individual were forced out of their home here in this particular
municipality; they had no choice and they needed to find another place to live
and the only place they could find at the time was outside of the municipality
and this person had to sign a twelve month lease and their intent is to come
back into the municipality as soon as that lease expires and something becomes
available. Trustee Stewart stated you can look at this situation any way you
want to difficult times or whatever; the Village is the Village and this
particular individual was elected to do the people’s business by making
decisions that are in their best interest. Trustee Stewart stated we are not up
here to decide that things should be this way for one person and another way for
another person; personally speaking that if I were no longer living in the
community I would resign for the best interest of the community. Trustee
Salsbury stated look at this individual’s attendance.
Attorney Temple
stated would your opinion be the same if I lived here for thirty years, I serve
on this board and my house burns down and I look and I look; but there is
literally nothing available here and as much as I love Hillcrest the closest
place that I can find is a mile down the road in Rochelle and it is my intent is
to move back to Hillcrest as soon as my new house can be built. Attorney Temple
stated would that change your opinion. Trustee Stewart stated than I think that
you would have addressed the Board of Trustees with those issues and at least
been forthcoming with your situation. Attorney Temple stated there is nothing
that requires me to do so. Trustee Salsbury stated then at least make some
meetings. Trustee Stewart stated whatever the situation is he needs to let
people know. Trustee Salsbury stated if he has to work second shift and he is
not representing the community he needs to resign. Attorney Temple stated I
agree with you on that issue, if he is not representing the community he needs
to resign; however that is a separate issue; the issue is is this more than a
temporary absence and attendance should not factor into that decision. Attorney
Temple stated under the circumstances where the house burns down and the person
is returning as soon as their new home is built; that is a temporary absence.
Attorney Temple stated that he does not know all of the details of this
particular situation; however a vacancy can be temporary regardless of the
passage of time. Attorney Temple stated that attendance is a separate issue and
should not affect your decision as to whether this is a temporary
vacancy.
President Pro Tem Mecklenburg stated that he felt that Board of
Trustees is not in a position to decide what this individual’s intent is; we
have to be real careful here we will be setting a precedence. President Pro Tem
Mecklenburg stated what happens if a member of the Board of Trustees has to go
to another area of the country to take care of an elderly parent for an extended
period of time; has that board member created a vacancy, should that board
member be asked to leave. President Pro Tem Mecklenburg stated what if one of
our children was to get into a horrific accident and had to spend a significant
amount of time in the hospital; has that board member created a vacancy. Trustee
Salsbury stated if you are an elected official I think that you have to serve
the public the best you can and if he can’t than he needs to resign. President
Pro Tem Mecklenburg asked Trustee Salsbury if he had appointed himself judge and
if he had decide that this particular individual has not been providing service
to the community. Trustee Salsbury replied no. President Pro Tem Mecklenburg
stated that the Board of Trustees should not make this decision without hearing
what this particular individual has to say. Trustee Stewart stated that she
thought that after eight months that this particular individual should have come
to the board. President Pro Tem Mecklenburg stated well he hasn’t and we can’t
fire him. President Pro Tem Mecklenburg asked Attorney Temple if a decision to
remove and individual from the Board of Trustees can be challenged. Attorney
Temple stated absolutely. President Pro Tem Mecklenburg stated that this is
something the board needs to seriously think about before taking any action and
he asked that the Trustees set their personal opinions aside when considering
this situation and only consider the benefits to this community.
Attorney Temple asked the Board of Trustees if this is something they
would like to place on the agenda. Trustee Salsbury stated he wanted this topic
on the agenda. Trustee Stewart stated she felt this should be an agenda item.
Clerk Adams stated under these circumstances then the major of the board has to
vote for this to be an agenda item. Trustee Salsbury asked if a vote was
necessary. Attorney Temple stated yes. With that being said Trustee Salsbury
made a motion to put this particular subject on the agenda. President Pro Tem
Mecklenburg stated this is not an agenda item. Clerk Adams stated that is true;
however Trustee Salsbury is making a motion to place this subject on the agenda
for next month’s meeting. Trustee Stewart stated you can make motions, you just
can’t make resolutions. Clerk Adams explained that the Board of Trustees cannot
vote on removing this particular individual tonight; however you can vote to
make this subject an agenda item for the next meeting. Clerk Adams stated under
these circumstances the majority of the board can vote tonight to place this
subject on the agenda for next month’s meeting; this is not the way we normally
place items on the agenda; however this is the proper way to handle this
particular situation. President Pro Tem Mecklenburg stated I just want to do
things right. Attorney Temple stated Clerk Adams is right; this is not typical
normally Trustees usually approach the President and he would approve an agenda
item; this is certainly unusual; however Clerk Adams is correct about the
procedure. Trustee Unger stated is this going to be everyone against this
person. Attorney Temple stated placing this subject on the agenda is just so the
issue can be discussed at the next meeting and we will go from there. Trustee
Salsbury stated well that would give this individual a chance to explain. Clerk
Adams stated do you want to go that far or would you simply like to inform this
particular individual that the board is moving in this direction; maybe that
would be enough to prompt some action. Trustee Unger stated why don’t we talk to
this particular individual first. President Pro Tem Mecklenburg stated once the
board talks to this particular individual maybe he will resign. Attorney Temple
offered to speak with this particular individual before this subject becomes an
agenda item. It was the consensus of the Board of Trustees that Attorney Temple
speak with this particular individual before the next board
meeting.
VISITORS: No visitor comments at this time.
OLD
BUSINESS
President Pro Tem Mecklenburg stated there was no old
business.
NEW BUSINESS
President Pro Tem Mecklenburg stated there is
an ordinance up for discussion tonight; Chapter 74, Utilities in the Village of
Hillcrest Code of Ordinances; this ordinance will allow the village clerk in
conjunction with the treasurer to write off bad debt in the utilities department
that have proven to be uncollectable. Clerk Adams stated the spreadsheet that
you have before you is an example of the report that I would generate and since
this involves the utility department it is my opinion that the report should be
shared with the trustee over finance and the trustee over the utility department
before it is shared with the entire Board of Trustees just in case there are any
questions they can be answered before the report is presented to the entire
board that way everyone knows exactly where things stand before any action is
taken. Clerk Adams stated once this ordinance is passed and the Board of
Trustees takes action actually writing off the bad debt will have to be done in
conjunction with the audit. President Pro Tem Mecklenburg asked Clerk Adams if
the spreadsheet contained real information. Clerk Adams responded yes, that is
the bad debt the village has incurred over the last five years; it is very low
and that is very good considering the economy. President Pro Tem Mecklenburg
stated this is a common business practice. Trustee Stewart stated in regards to
what Clerk Adams just said about sharing the report with the trustee over
finance and water as I set here in section D it states this will happen
annually; but I don’t see anything in here about this occurring more than once a
year. Clerk Adams stated that she would like to see the report done on an annual
basis due to the fact that if this were done monthly there would only be one or
two items and the village would be writing debt off too soon. Clerk Adams stated
that she was thinking about the logistics of the process; how it could be stream
lined and timing the report so the debt can be written off with the yearend
adjustments at the time the audit is performed. President Pro Tem Mecklenburg
stated the debt should be a year overdue before writing it off. President Pro
Tem Mecklenburg called for a motion. Trustee Elliott made a motion to approve
ordinance 090810-A Chapter 74, Utilities in the Village of Hillcrest Code of
Ordinances; Trustee Salsbury seconded the motion. Vote as follows: Mecklenburg –
yes, Elliott – yes, Salsbury – yes, Unger - 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 Unger seconded the
motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes, Unger
- yes and Stewart – yes. The motion passed unanimously. The Board of Trustees
entered into executive session 7:34 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 Unger seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, Unger - yes and Stewart – yes.
The motion passed unanimously. The Board of Trustees returned to open session at
7:41 p.m. President Pro Tem Mecklenburg stated no decisions were made in
executive session.
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 Salsbury seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, Unger – yes and Stewart – yes.
The motion passed unanimously. The meeting adjourned at 7:43 pm. The next
regular monthly meeting will be held October 13, 2010 at 7:00 p.m. at the
Hillcrest Village Hall.
Respectfully submitted,
Teresa J.
Adams,
Village Clerk
Posted: 9/8/2010 |
Updated: 9/8/2010