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10/13/10: Minutes - October 13, 2010 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, October 13, 2010 at the Hillcrest Village Hall. President Pro Tem
Mecklenburg called the meeting to order at 7:00 p.m. answering the roll call was
Trustees Jim Mecklenburg, Rich Elliott, Randall Salsbury, Jim McMullin, Trevor
Unger and Vicki Stewart. President Rich Hicks was absent due to a conflict with
his place of employment.
President Pro Tem Mecklenburg called for a
motion to approve the minutes of the August 11, 2010 executive session, the
minutes of the September 8, 2010 regular monthly meeting and the minutes of the
September 8, 2010 executive session. The minutes were approved upon a motion
made by Trustee Elliott; Trustee McMullin seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger - yes
and Stewart – yes. The motion passed unanimously.
President Pro Tem
Mecklenburg gave the treasurer’s report, as of September 30, 2010 the general
fund had a balance of $142,073.21; motor fuel tax fund had a balance of
$147,779.93 and the water fund had a balance of $81,912.84. A motion to approve
the treasurer’s report was made by Trustee Stewart; Trustee Salsbury seconded
the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin – 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 Unger; Trustee Elliott seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger - yes
and Stewart – yes. The motion passed unanimously.
DEPARTMENT
UPDATES
FINANCE: Trustee Mecklenburg reported that fiscal year 2009 - 2010
reports have been completed and taken to the auditor along with all of the other
files that are required for them to conduct the audit. Trustee Mecklenburg
stated that even though it is being reported in the news that the economy is
improving we all know that we are still in a hard place and we are being as
conservative as we can be to make it through this tough economic
climate.
WATER: Trustee Elliott reported that maintenance supervisor,
Robert Villatoro, is in the process of numbering the fire hydrants; so that it
will be easier to identify them in the event of a problem.
HEALTH &
WELFARE: Trustee Salsbury reported that we will be discussing a storm warning
siren under new business.
ORDINANCES: Trustee McMullin reported there was
no new business to report.
STREETS: Trustee Unger reported that he had
been talking with Baxter & Woodman Consulting Engineers about the
possibility of paving Roy Avenue and Elliott Drive and he asked Jim Sparber of
Baxter & Woodman Consulting Engineers to explain. Mr. Sparber stated that at
Trustee Unger’s request he looked at motor fuel tax funds to pave Roy Avenue and
Elliott Drive to see what can be done without bidding the project just because
there is not enough time to go through that process and get the road paved in
time; the project would have to be less than $20,000 which would basically be
some patch work. Mr. Sparber stated since the project would be less than $20,000
it would be a negotiated contract as opposed to a bid contract. Mr. Sparber
stated that he had spoken to William Charles Construction formally known as
Rockford Blacktop they have the capacity to do the work and they are fairly sure
they can get it into their schedule for this season; but in order to stay under
the $20,000 they would use a level binder at the intersection of Roy Avenue and
Elliott Drive which will get the worst of the potholes and then do a one and a
half inch overlay for a three hundred foot section of Roy Avenue and a one
hundred foot section of Elliott Drive and this project would be motor fuel tax
eligible.
President Pro Tem Mecklenburg asked about Illinois Department
of Transportation approval. Mr. Sparber stated that Baxter & Woodman
Consulting Engineers would take care of the paperwork and he would have those
documents ready for the next board meeting if he were directed to do so. Trustee
Unger asked how long it would take to get the paperwork completed. Mr. Sparber
responded approximately one week; you should be ready to vote on this issue two
weeks from today. President Pro Tem Mecklenburg called for a motion to authorize
Baxter & Woodman Consulting Engineers to negotiate a contract with William
Charles Construction to repair Roy Avenue and Elliott Drive. Trustee Unger made
a motion to authorize Baxter & Woodman Consulting Engineers to negotiate a
contract with William Charles Construction to repair Roy Avenue and Elliott
Drive; Trustee Elliott seconded the motion. Vote as follows: Mecklenburg – yes,
Elliott – yes, Salsbury – yes, McMullin – yes, Unger - yes and Stewart – yes.
The motion passed unanimously.
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: No attorney comments at this
time.
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 the next
agenda item is the storm warning siren. President Pro Tem Mecklenburg stated the
storm warning siren located at the village hall was purchased used in the early
nineties and has been problematic for the last five years. President Pro Tem
Mecklenburg informed the Board of Trustees that Clerk Adams and Officer Messer
have been working together with Ron McDermott of Ogle County Emergency
Management Agency to secure a storm warning siren from the Exelon Corporation
(Byron nuclear plant). The Exelon Corporation replaces their storm warning
sirens every three years and donates these sirens to surrounding communities
through a community outreach program. President Pro Tem Mecklenburg explained it
would costs the Village approximately $3,000 to have Fulton Technologies remove
the siren, refurbish it and relocate it here at the village hall. President Pro
Tem Mecklenburg stated this siren along with the one located on Hemstock Road
will continue to be serviced by Fulton Technologies. President Pro Tem
Mecklenburg called for a motion to approve up to but not to exceed $3,000 for
the storm warning siren. Trustee Stewart made a motion to approve up to but not
to exceed $3,000 for the take down, refurbishment and relocation of the storm
warning siren from Exelon Corporation; Trustee Elliott seconded the motion. Vote
as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes,
Unger - yes and Stewart – yes. The motion passed unanimously.
President
Pro Tem Mecklenburg stated the next agenda item is T6 Broadband. President Pro
Tem Mecklenburg stated that this item has been before the board in the past.
President Pro Tem Mecklenburg stated that T6 Broadband is offering the village
approximately $30,000 over five years which is $500 a month to lease space of
the water tower for the placement of a communications antenna. President Pro Tem
Mecklenburg stated in the past the village’s former attorney suggested that this
was not enough money; however times have changed and this issue is up for
consideration again. Clerk Adams stated that Mr. Koehler simply wants the
opportunity to come before the Board of Trustees to give a presentation and
discuss the possibilities of working together. Trustee Salsbury asked about the
need for a contract. Attorney Temple stated the board should really allow Mr.
Koehler to make a presentation before things go any farther. After a brief
discussion of the logistics of locating an antenna on the water tower it was
determined that there were four major issues liability, insurance, damage to the
water tower and money. President Pro Tem Mecklenburg called for a motion to
invite Mr. Koehler of T6 Broadband to give a presentation at the November
meeting. Trustee Elliott made a motion to invite Mr. Koehler of T6 Broadband to
give a presentation at the November meeting; Trustee Salsbury seconded the
motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin – yes, Unger - yes and Stewart – yes. The motion passed
unanimously.
President Pro Tem Mecklenburg stated the next agenda item is
Patten Cat. Trustee Elliott stated that he didn’t expect this item to be on the
agenda. President Pro Tem Mecklenburg asked Clerk Adams to explain. Clerk Adams
stated that the estimate for the maintenance and repair of the generator was
originally a little over $1,500 which requires a full board vote; since the
process started Patten Cat has reduced their bill to $395.26 due to the
diligence of maintenance supervisor, Robert Villatoro. Trustee Salsbury stated
then there really is no reason to vote on this issue. Clerk Adams stated no
there isn’t now that the quote has been reduced; however that happened after the
agenda was set and it is good that the entire board knows what is
happening.
President Pro Tem Mecklenburg stated the next agenda item is
residency requirements to retain office and then he reminded everyone that the
item had been discussed at last month’s meeting. Trustee Stewart stated from
what I was told at the last meeting there is no requirement? Attorney Temple
stated in this particular case the issue is whether there is more than a
temporary removal of residency from the municipality at last month’s meeting
everyone refrained from using names; however since Trustee McMullin is present
we need to discuss the particulars and settle this issue. Attorney Temple stated
specifically the Board of Trustees needs to determine if there was more than a
temporary removal of residency from the municipality in this case. Attorney
Temple asked Trustee McMullin how long he had been out of the municipality.
Trustee McMullin stated since the end of March 2010. Attorney Temple stated at
first glance it would appear that this is more than temporary; but I want to
caution the board that they would be setting precedence. Attorney Temple used
the example he had used during the September meeting of his house burning down
and it taking several months to rebuild; therefore forcing him to relocate in
Rochelle temporarily. Attorney Temple stated it is clear that his intent is to
move back to Hillcrest as soon as his house can be rebuilt; therefore that is a
temporary vacancy. Attorney Temple stated depending on the precedence that the
Board of Trustees establishes here tonight the person whose house burns down
would be affected by your decision and I want you to be fair to that person in
your decision as well. Attorney Temple stated it is his legal opinion if this
were to go before a court of law his legal opinion would be that this
constitutes a temporary removal of residency from the
municipality.
Attorney Temple stated that he spoke with Trustee McMullin
concerning this issue he looked for space in the village and there was no
availability at that time; since then a there is some space that is becoming
available in the very near future. Attorney Temple stated that he represented a
family here in Hillcrest that owns some rental property; they are in the process
of removing the current tenant and they have told me that the property will be
made available to Trustee McMullin as soon as possible. Attorney Temple stated
the current tenant has until October 31, 2010 to vacate the property or be
served with an eviction notice and the owner of the property has stated that
this property will only be available to Trustee McMullin; therefore Trustee
McMullin could be back in the Village by the end of October. Attorney Temple
stated if this case were before a judge I believe based on the facts they would
find that this is a temporary removal of residency from the municipality.
Attorney Temple advised the Board of Trustees to keep in mind the facts that
Trustee McMullin will be sharing with them and to remember that they will be
establishing a precedence for the future.
Trustee McMullin stated that
Attorney Temple pretty much covered the issue. Trustee McMullin stated that he
is going through a divorce; he had to leave the home; he found the first
available housing that he could which was in the Chana area; he has been trying
to get back into the village since he left and it is finally happening. Trustee
McMullin stated that even though he has not been residing in the village he has
continued to work on ordinances and come into the office to work with village
clerk, Teresa Adams and if all goes well he would be living back in the village
by the beginning of November. Trustee McMullin stated that he was informed by
the owner of the property that the current tenant is in the process of moving
and he could be back in the village in as little as two weeks.
Trustee
Stewart stated the first thing the Board of Trustees needs to do is establish
guidelines whatever the circumstances the Board of Trustees should not be doing
something special for one person and not for another because of one persons
situation. Trustee Stewart stated being that this is a municipality funds are
being paid out with no representation. Trustee Stewart stated regardless of
whether the job was being done or not Trustee McMullin did not come to the Board
of Trustees and let any of us know what was happening. President Pro Tem
Mecklenburg stated let me remind you that this discussion is about residency
requirements not about behaviors. Trustee Stewart stated that is what I am
talking about the board of trustees has to establish what the residency
requirements have to be. Trustee Stewart stated this is not about anyone of us
as individuals this is about the positions that we hold and serving the
community. Trustee Stewart stated that Attorney Temple is the one who brought up
situations involving different circumstances and he remind us that we would be
setting a precedence therefore; we need to set the rules and everyone has to
abide by them because this is not about us as individuals; it is about serving
the community and doing what is in their best interest. Trustee Stewart stated
as I have stated before given the same circumstances had it been me I would have
step down; I would have gone to the appropriate person and I would have told
them what was happening and why it was happening. Trustee Stewart stated she
feels that you cannot do justice to the residents of the community if you are
not living in the community.
President Pro Tem Mecklenburg stated this
goes back to what Attorney Temple has advised us; this is simply a matter of
whether the absence of residency is more than temporary. Trustee Stewart stated
well we didn’t know that when we started this discussion. President Pro Tem
Mecklenburg responded well we know it now. Trustee Salsbury stated well if we
had not brought this up then people would not have known. President Pro Tem
Mecklenburg stated then there wouldn’t be a problem. Trustee Stewart stated it
wouldn’t have been an issue if residents had not brought up the issue of their
tax dollars being spent when there was no representation.
Trustee Elliott
asked for clarification of the state statute concerning this issue. Attorney
Temple stated that the state statute requires that an individual must live
within the corporate boundaries of the municipality twelve months prior to the
election in order to be a qualified candidate. Attorney Temple stated it is
implied that an elected official should be a resident of the community; however
this is not spelled out in black and white and it is up to the corporate
authority in each municipality to establish those guidelines. Attorney Temple
stated residency is very hard to define and gave this example he has a client
that has been stationed in Texas for the last seven years; however he is still
considered an Illinois resident because he still receives mail here in Illinois,
he has bank accounts in Illinois and he still has a valid Illinois driver’s
license. Attorney Temple stated Illinois state statue says that a residence is
where you intend to return home to; what this whole issue comes down to is “Is
this more than a temporary removal of residency?”. Attorney Temple asked Trustee
Stewart at what point does it become more than temporary. Trustee Stewart stated
when you don’t receive mail here and when you don’t physically live here.
Attorney Temple stated my response is this has to be determined on a case by
case basis.
President Pro Tem Mecklenburg stated the part that doesn’t
sit well with him is the Board of Trustees trying to remove another official
from this board; this should not be taken lightly at all this is a very serious
matter that is why higher up in our government there is the impeachment process
which is a very, very arduous process; so when Attorney Temple cautions us as
trustees about setting a precedence that is what concerns me the most. President
Pro Tem Mecklenburg stated the residency requirement is important; yes we want
our residents to be represented by people that reside in our community that is
true; however if that person is temporarily out of the community much like the
serviceman; serving his country who is to say that individual cannot come back.
President Pro Tem Mecklenburg stated I don’t think that six or seven people
should be able to override all of the people who elected that individual to
office.
Trustee Stewart stated I don’t think this is about removing any
officer. President Pro Tem Mecklenburg stated if you declare a vacancy than you
are voting somebody out. Trustee Salsbury stated we are asking for
accountability. Trustee Stewart stated that she only asked what constitutes
residency and what doesn’t. Trustee Stewart also stated that she wanted
temporary to be specified; I don’t care if a vacancy is established or not; but
we do need to establish guidelines for residency and the word temporary needs to
go. Trustee Stewart stated if we don’t take care of this now it will come up
again in the future. President Pro Tem Mecklenburg stated the village has been
incorporated since March of 1958 and this if the first time this issue has come
up.
Attorney Temple stated that he understands that people want
guidelines, they want rules and they want things to be black and white; but as
an attorney it is not that way and I have to reiterate by putting a specific
amount of time on this issue at some point a person would be treated unjustly
due to the time constraint. Attorney Temple explained that laws are specifically
put in general terms so as to accommodate every possible circumstance that could
arise. Attorney Temple stated as much as you want things to be concrete this is
not the right thing to do from a legal stand point. Trustee Stewart stated by
not doing anything we are telling not only the board members; but the residents
that whoever they vote on can go wherever they want to and do whatever they want
to and nothing can be done about it. Attorney Temple stated you are correct the
residents can’t once they put someone in office their authority over this board
is over; the corporate authority has the sole responsibility to make this
decision. Attorney Temple stated this board and this board only can determine
that this is more than a temporary removal of residence and remove Trustee
McMullin from this board; so there is accountability. Attorney Temple stated
according the state statue the board’s options are you can discuss this and do
absolutely nothing or you can make a motion that a vacancy exist in Trustee
McMullin’s position; a vacancy based on more than a temporary removal of
residence. Attorney Temple stated if the board votes that a vacancy does exists
Trustee McMullin has to leave, his public service to this village will be over
and then we would move to the next phase and an appointment would have to be
made. Trustee Stewart stated or nothing has to be done as far as Trustee
McMullin’s position being filled. Attorney Temple stated that he is not going to
get into all of that unless it becomes necessary and then I will instruct you as
to what needs to be done next. Trustee Stewart stated obviously there won’t be a
vacancy if Trustee McMullin moves back by the end of the month. Attorney Temple
stated if nothing gets done here that is your decision as a board.
Clerk
Adams stated if the Board of Trustees decides to leave things alone and follow
the state statue as it is that doesn’t mean that they are not taking action it
simply goes back to taking things on a case by case basis. Attorney Temple
stated absolutely. Attorney Temple stated if you want to make this official put
it to a vote and then you will know where everybody stands. Trustee Stewart
stated that she didn’t want to boot Trustee McMullin out no more than anyone
else; I just want something in writing that provides some type of guidance.
Attorney Temple stated there is something it is the state statue and it does
give you guidance the only thing missing is a number. With that being said the
Board of Trustees let the issue die; no motion; no vote; no action
taken.
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 McMullin seconded the motion. Vote as
follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger
- yes and Stewart – yes. The motion passed unanimously. The Board of Trustees
entered into executive session 7:54 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 McMullin seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger - yes
and Stewart – yes. The motion passed unanimously. The Board of Trustees returned
to open session at 8:30 p.m. President Pro Tem Mecklenburg stated there was some
discussion and a motion is forthcoming. Trustee Elliott made a motion to put
into the record that Mr. Ed Holtzclaw be precluded from working for the Village
of Hillcrest due to misconduct during his employment; Trustee Salsbury seconded
the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes,
McMullin – abstain, Unger - yes and Stewart – yes. The motion carried.
President Pro Tem Mecklenburg called for a motion to accept the
executive session minutes of the August 11, 2010 and the September 8, 2010
meetings. Trustee Stewart made a motion to accept the executive session minutes
of the August 11, 2010 and the September 8, 2010 meetings; Trustee Unger
seconded the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury
– yes, McMullin – yes, Unger - 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 Elliott; Trustee McMullin seconded the motion. Vote as follows:
Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger – yes
and Stewart – yes. The motion passed unanimously. The meeting adjourned at 8:33
pm. The next regular monthly meeting will be held November 10, 2010 at 7:00 p.m.
at the Hillcrest Village Hall.
Respectfully submitted,
Teresa J.
Adams,
Village Clerk
Posted: 10/13/2010 |
Updated: 10/13/2010