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02/16/11: Minutes - February 16, 2011 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, February 16, 2011 at the Hillcrest Village Hall. President Pro Tem
Mecklenburg called the meeting to order at 7:06 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 January 12, 2011 regular monthly meeting.
The minutes were approved upon a motion made by Trustee Stewart; 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 gave the treasurer’s report,
as of January 31, 2011 the general fund had a balance of $150,445.98 motor fuel
tax fund had a balance of $162,774.57 and the water fund had a balance of
$107,836.52. A motion to approve the treasurer’s report was made by Trustee
McMullin; 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.
President Pro Tem Mecklenburg presented
the board of trustees with the claim sheet. A motion to approve the bills as
submitted for January 2011 was made by Trustee Elliott; 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.
DEPARTMENT UPDATES
FINANCE: Trustee Mecklenburg reported
that he is still working with the auditor to finish up the audit for fiscal year
2009 – 2010 and he will be checking on the progress of the audit this week.
Trustee Mecklenburg stated that the Village’s revenue streams from the State are
coming in steady again; however our revenues are still down.
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 that there was no new
business to report; however he continues to work with the residents in cleaning
up their property and he is working with the police department keeping the
streets clear so maintenance can safely plow snow.
STREETS: Trustee Unger
reported that his update would come under new business. President Pro Tem
Mecklenburg stated that Robert Villatoro and Kevin Moon did an excellent job of
keeping the streets clear with all of the snow that we got and the high winds
they are to be commended for a job well done. Trustee Unger stated the Village
actually received a hand written thank you note from one of our residents
thanking our maintenance crew for keeping our roads open. President Pro Tem
Mecklenburg stated that he also wanted to commend the Hillcrest Fire Department
for opening the fire station as a warming center to people who were stranded; so
that they would not have to sit in their cars. President Pro Tem Mecklenburg
stated this is a great example of how our community can pull together during
times of need.
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 the first agenda item under old business is T6 Broadband and he asked the
trustees if they had additional questions they wanted answers to or if they were
ready to make a decision. President Pro Tem Mecklenburg reminded the trustees
that this contract offers the village $30,000 in passive income over a five year
period. Trustee Stewart stated the only question she has is in regards to the
clause that allows T6 Broadband to extend the contract for five more years at
the price that was originally negotiated. Trustee Stewart stated assuming that
T6 Broadband wanted to extend the contract for five more years and the village
was in agreement with that decision the village should be able to negotiate the
price because none of us know what will happen in the next five
years.
President Pro Tem Mecklenburg stated that there are two issues
before us the first being the five year automatic renewal clause; that should be
left out or renegotiated and the ability to renegotiate the price at the end of
the first five years. Trustee Elliott stated that was an issue for Attorney
Temple when the contract was first presented. President Pro Tem Mecklenburg
stated once we address these two items than we should be ready to make a
decision. Trustee Elliott stated that Attorney Temple should review the contract
to see if there are any other issues that need to be addressed before we make a
decision. Trustee Elliott stated that Attorney Temple should look at the
contract the village has with Comcast to make sure the village would not be
violating that contract by doing business with T6 Broadband. After a brief
discussion about mounting T6 Broadband’s equipment on the water tower the board
of trustees instructed Clerk Adams to inform Attorney Temple to review the
contract with their concerns in mind; one being the five year automatic renewal
clause; the second being able to renegotiate the monthly fee and to make sure
the village would not be violating their contract with Comcast.
President
Pro Tem Mecklenburg stated the next agenda item is the animal complaint you may
recall that this board held a hearing in January to address a complaint that was
filed by Mr. Blaine Hicks. President Pro Tem Mecklenburg stated that village
attorney; Shane Temple wanted to clarify a few things before the board makes a
decision concerning this issue; since Attorney Temple is not in attendance
tonight he has addressed these issues in writing. President Pro Tem Mecklenburg
stated that leaves us with the choice of tabling the issue until Attorney Temple
is present or we can make a determination as to whether one or both of these
dogs are considered dangerous. President Pro Tem Mecklenburg stated that
Attorney Temple was supposed to determine if one of these dogs has been removed
from the community by the owner or not. President Pro Tem Mecklenburg reminded
the board of trustees that Attorney Temple has stressed that the determination
be based on the events that took place on October 26, 2010; we can vote on this
issue now or we can table it until Attorney Temple is present. President Pro Tem
Mecklenburg asked the board of trustees how they would like to
proceed.
Trustee Stewart stated that she would like to see this situation
resolved once and for all; considering all of the information that the board has
there is no reason why we can’t make a decision based on the ordinance that we
have in place to deem these dogs dangerous. Trustee Stewart stated that she
feels a determination should be made concerning both dogs just in case the
larger of the two dogs should ever return to the village that would prevent the
board from having to rehash this issue again. President Pro Tem Mecklenburg
stated that a motion can be made to that effect; but I think we should delay
proceeding to the penalty phase until Attorney Temple is present. Trustee
Stewart asked why. President Pro Tem Mecklenburg stated as to fine, penalties
and/or euthanization. Trustee Stewart stated aren’t the fines already stated in
the ordinance. President Pro Tem Mecklenburg stated I believe the fines for the
monetary issues are in the ordinance; however a far as the disposition of the
animals we have yet to discuss that issue. President Pro Tem Mecklenburg stated
that it is his personal opinion that the board of trustees be very careful and
proceed with caution here. Trustee Stewart asked what page the penalties and
fines were on. Trustee Elliott stated page nine item number six.
Clerk
Adams stated that Attorney Temple did ask the Gonzales family to provide written
proof that the larger of the two dogs is no longer in the community and they
have failed to do that. Clerk Adams stated the Gonzales family continues to tell
us that the larger dog is no longer in the village; however we have no proof of
that.
President Pro Tem Mecklenburg read aloud the definition of a
dangerous animal; a dangerous animal is an animal that when either unmuzzled,
unleashed, or unattended by its owner, or member of its owner’s family, in a
vicious or terrorizing manner, approaches any person in an apparent attitude of
attack upon any public grounds or private property. President Pro Tem
Mecklenburg stated it is up to us whether we want to table this issue and wait
for Attorney Temple or proceed. Trustee Stewart stated page nine item number six
(a) states should the owner fail to comply with leash requirements or the
penalties enacted by the Animal Control Officer or Board, the animal may be
immediately impounded and euthanized or given to an animal shelter; however we
don’t have to make that decision at this time. President Pro Tem Mecklenburg
stated no, we don’t; the first decision is are the dogs dangerous or not and
then the next decision would be what type of penalty to impose. President Pro
Tem Mecklenburg stated the board would have to determine what penalties are
appropriate according to Attorney Temple and he is not here tonight. Trustee
Salsbury stated that the board should cross one bridge at time. Trustee Stewart
stated the first thing we have to do is determine whether the dogs are
dangerous. Trustee Stewart stated the ordinance does make the owner responsible
for keeping the dogs leashed and muzzled when in the general public; I don’t
feel that we can wait until a child or someone else is injured. Trustee Elliott
stated spring is just around the corner and kids will be out playing more.
Trustee Stewart stated to protect the community and even the owners themselves
we should probably deem the dogs dangerous first that way if anything were to
happen God forbid the village can hold the owners one hundred percent
responsible. Trustee Stewart stated that is my opinion on the situation and I am
ready to make that commitment tonight. President Pro Tem Mecklenburg stated
nothing happens without a motion. Trustee Stewart made a motion to deem both
dogs Kilo and Chapo owned by the Gonzales family to be dangerous; 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 stated the next agenda item is
increasing building permit fees. Building & Zoning Administrator, Casper
Manheim addressed the board of trustees and briefly summarized the presentation
that he gave at the January meeting. Building & Zoning Administrator, Casper
Manheim stated out of all the communities that he deals with Aston and Hillcrest
have the lowest permit fees and he suggested that the board consider raising
fees to be comparable to other communities in Ogle County. Building & Zoning
Administrator, Casper Manheim stated the biggest change would be to raise the
minimum permit fee from $30 to $50. After a brief discussion Trustee Elliott
made a motion to raise the permit fees to meet Building & Zoning
Administrator, Casper Manheim’s recommendation; 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.
NEW BUSINESS
President Pro Tem Mecklenburg stated the
next agenda item is international truck repairs. Trustee Unger stated the
initial cost was estimated to be between $3,000 to $5,000; however I was
pleasantly surprised to find out that we had only been charged $2,558.41.
President Pro Tem Mecklenburg stated we previously approved the expenditure of
$3,000 to $5,000 and you voted to approve the bills; so it has been taken care
of and it came in under the estimate.
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 Unger made a motion to enter into executive session to discuss
personnel and pending litigation and to review executive session minutes;
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. The Board of Trustees entered into executive session 7:42
p.m.
President Pro Tem Mecklenburg called for a motion to return to open
session. Trustee Unger made a motion to return to open session; 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. The Board of Trustees returned to open session at 8:06 p.m.
President Pro Tem Mecklenburg stated the action taken was to accept the
executive session minutes. Trustee Elliott made a motion to approve the
executive session minutes for the January 12, 2011; Trustee Stewart 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 McMullin;
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. The meeting adjourned at 8:08 pm. The next
regular monthly meeting will be held March 9, 2011 at 7:00 p.m. at the Hillcrest
Village Hall.
Respectfully submitted,
Teresa J. Adams,
Village
Clerk
Posted: 2/16/2011 |
Updated: 2/16/2011