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04/19/11: Minutes - March 9, 2011 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, March 9, 2011 at the Hillcrest Village Hall. President Pro Tem
Mecklenburg called the meeting to order at 7:04 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 11, 2011 special meeting. The
minutes of the January 11, 2011 special 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, Unger - yes
and Stewart – yes. The motion passed unanimously.
President Pro Tem
Mecklenburg called for a motion to approve the minutes of the February 16, 2011
regular monthly meeting. The minutes of the February 16, 2011 regular monthly
meeting were approved upon a motion made by Trustee Salsbury; 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 February 28, 2011 the general fund had a balance of $169,138.75 motor fuel
tax fund had a balance of $165,510.14 and the water fund had a balance of
$115,557.15. A motion to approve the treasurer’s report 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.
President Pro Tem Mecklenburg presented
the board of trustees with the claim sheet. A motion to approve the bills as
submitted for February 2011 was made by Trustee McMullin; 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
introduced Penelope Payton as the newly appointed treasurer she will be working
twelve hours per week at the rate of $11 per hour and she will have a
probationary period of one year. Trustee Mecklenburg stated that Ms. Payton
comes to us with an extensive accounting background with small municipalities
and with school districts; she currently serving as the treasurer for the
Village of Creston. Trustee Mecklenburg stated that the audit for fiscal year
2009 – 2010 is still not completed; however the auditor has assured him that the
audit will be complete before he is out of office. Trustee Mecklenburg stated
that for the last thirteen years he has been saying that the village needs
revenue in the form of retail to support expenses and infrastructure
improvements.
WATER: Trustee Elliott reported that the village had
received a letter of from the Illinois Department of Public Health for the
village’s high degree of compliance with the State of Illinois Fluoridations Law
of 2010. President Pro Tem Mecklenburg stated in the past the village
experienced a problem with the water samples and we were convinced that it was a
bad sample and this letter confirms that there is nothing wrong with our water;
we know what we are doing and everything is right on target.
HEALTH &
WELFARE: Trustee Salsbury reported there was no new business to
report.
ORDINANCES: Trustee McMullin reported that there was no new
business to report.
STREETS: Trustee Unger reported that there was no new
business to report. President Pro Tem Mecklenburg stated that maintenance
supervisor, Robert Villatoro had requested more cold patch and we will have to
get the paperwork together and use MFT funds for that expense.
BUILDINGS
& GROUNDS: Trustee Stewart reported there was no new business to
report.
POLICE DEPARTMENT: No report was available.
BUILDING
DEPARTMENT: Building & Zoning Administrator, Casper Manheim reported there
was no new business to report. President Pro Tem Mecklenburg stated that he
noticed that the old Meyer’s Furniture store had sustained some damage this
winter and the metal awning over the loading dock was falling down on the North
West corner. Building & Zoning Administrator, Casper Manheim stated that he
was aware of the situation and that Paul Davis Restoration had pulled a building
permit to replace the awning.
ATTORNEY COMMENTS: Attorney Temple
apologized for arriving late.
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 proceeded to inform
Attorney Temple of the concerns the board of trustees has with the contract the
village was offered by T6 Broadband. President Pro Tem Mecklenburg stated the
first concern the board has is the automatic renewal clause; the second concern
is that the contract does not allow for negotiation of a price increase at the
end of the five years and the third item the board is concerned with is whether
this would interfere with the current contract the village has with
Comcast.
President Pro Tem Mecklenburg asked Clerk Adams if she had
contacted T6 Broadband concerning these issues. Clerk Adams stated no, because
there are some issues that have needed to be addressed from the beginning and
Attorney Temple will address those issues tonight.
Attorney Temple stated
one your concerns is your existing contract with Comcast and whether or not
signing a contract with T6 Broadband would interfere with that contract.
Attorney Temple stated that he had contacted Comcast and the village has been
given a verbal green light to proceed; however he would prefer to have that in
writing.
Attorney Temple stated paragraph 3 discusses the terms in addition
to an automatic renewal clause as part of those terms; essentially this gives T6
Broadband the right to renew the contract for an additional five years without
the village having any say in the matter. Attorney Temple stated that it is his
recommendation that the renewal clause be stricken from the agreement; by taking
that clause out that means both parties can get together at any time to
renegotiate the contract and it is his understanding that T6 Broadband has taken
that out of the contract of other municipalities.
Attorney Temple stated
paragraph 4 discusses the rent inclusive of electricity. Attorney Temple stated
one of the recommendation Baxter & Woodman Consulting Engineers made was to
have T6 Broadband establish their own meter; if you recall Dan Koehler stated
that if this was an issue in lieu of putting in a separate meter T6 Broadband
would be willing to pay an additional $10 per month to offset that cost; which
is estimated to be approximately $5 per month. Attorney Temple stated it is his
opinion the village should take the $10.
Attorney Temple stated paragraph
5 states that T6 Broadband cannot cause any interference with the operation of
the village’s water supply and the village cannot cause any interference with
the operation of T6 Broadband’s equipment; however it goes on to say that T6
Broadband can terminate the contract if the village does cause interference but
the village does not have that same right. Attorney Temple stated that this
should be quid pro quo; both parties should have the right to terminate the
contract and this shouldn’t cause any problems.
Attorney Temple stated
another concern Baxter & Woodman Consulting Engineers had was how the
equipment would be attached to the water tower so as not to pierce the skin of
the water tower or damage the paint in any way. Attorney Temple stated T6
Broadband has assured the village that would not be an issue due to the fact
that the equipment is secured with commercial grade zip ties. Attorney Temple
stated another concern Baxter & Woodman Consulting Engineers had was that
nothing be attached to the water tower in manner that would obstruct the use of
the ladder even though T6 Broadband has stated that would not be an issue it
needs to be in writing.
Attorney Temple stated the contract does not
specify how often T6 Broadband would need access to the water tower; what if
they are working on their equipment and one of their people drops a tool and it
damages the water tower they should be responsible for the damage and that
should be in writing. Attorney Temple stated along those lines paragraph 8 talks
about insurance and it states T6 Broadband shall procure, maintain and pay for a
public liability policy, naming the Village of Hillcrest as an additional
insured, with limits of $1,000,000 for bodily injury, $1,000,000 for property
damage, $1,000,000 aggregate, with certificate of insurance to be furnished to
the Village of Hillcrest within 30 days of written request. Attorney Temple
stated that is fantastic; however I have a major problem with the next sentence.
Attorney Temple stated such policy shall provide that termination or
cancellation will not occur without at least 15 days prior written notice to the
Village of Hillcrest. Attorney Temple stated the Village could enter into an
agreement with T6 Broadband and they could give you written notice at that time
that in fifteen days they would not have any insurance. Attorney Temple stated
that is unacceptable; T6 Broadband must maintain this insurance policy for the
duration of the contract. Attorney Temple stated this is an absolute priority
and possibly a deal breaker.
President Pro Tem Mecklenburg stated that he
believes that Attorney Temple has the Village’s best interest at heart and he
would like to move forward with this proposal with the board’s approval. It was
the consensus of the board of trustees to move forward with the proposal to
negotiate a contract with T6 Broadband.
President Pro Tem Mecklenburg
stated the next agenda item is the animal complaint addressed in a special
meeting January 11, 2011 concerning an incident that occurred October 26, 2010;
on February 16, 2011 the board collectively deemed Kilo and Chapo dangerous.
President Pro Tem Mecklenburg stated Kilo is no longer in the village; however
the owner has failed to provide the village with written proof stating who the
new owner is and where the dog is located. President Pro Tem Mecklenburg stated
that Chapo remains in the village and has been contained thus far; at this point
it is up to the board to discuss any action that it wants to take as far as
penalties we would like to bring this to a conclusion as quickly as possible.
President Pro Tem Mecklenburg stated the board of trustees wanted the village
attorney present so we are very clear as to what our options are than the board
can discuss what they think is necessary.
Attorney Temple stated
according to the animal control ordinance that is in place under section C
dangerous animals subsection 4 penalties there is a list of eight different
things that you as a board can impose. Attorney Temple stated it is my opinion
that you have two separate violations here; you have two separate dogs; one of
your choices is that you can impose a fine of $1,000 per violation. Attorney
Temple stated even though Kilo is not in the village you can still impose $1,000
fine or any of the seven items listed in this section as well, for example if
Kilo does return to the Village he can be neutered, the owners would have to
construct an escape proof enclosure that has been approved by the animal control
officer, while in a public setting the dog would be made to be muzzled and must
be under the control of an adult eighteen year of age or older; you can impose
any one or a combination of the eight things listed here. Attorney Temple stated
the village can ask all it wants where Kilo is in my opinion the way the
ordinance is written it prevents the owner from giving the dog away after it has
been deemed dangerous and the village has been given reason to believe that Kilo
was removed from the village before the special meeting in January; therefore
based on the ordinance I don’t believe that the Gonzales family is obligated to
do so. Attorney Temple stated however if the Gonzales family removed Kilo from
the village until things quiet down then they bring Kilo back home the village
can impose any of these eight penalties and they are obligated to follow them.
Attorney Temple stated there is a provision for failure to comply which reads;
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. Attorney Temple stated once again
the board of trustees can impose one or all of the penalties listed here in the
ordinance.
President Pro Tem Mecklenburg stated we can at this time
choose to do nothing since Kilo is no longer in the community. Attorney Temple
stated my response to that is you can impose a penalty whether the dog is in the
community or not; a lot of these penalties have nothing to do with the dogs it
has to do with the handling of the dogs.
After a brief discussion it was
the consensus of the board of trustees to have Attorney Temple inform the
Gonzales family of the board’s decision to impose penalties as follows: (b) the
animal must be confined in an enclosure approved by animal control. If the
animal is in the custody of animal control, the animal found to be dangerous
shall not be released to the owner until the animal control officer, or his or
her designee, approves the enclosure; (d) the dogs must be in the direct
supervision of an adult eighteen (18) years of age or older whenever the animal
is on public premises; (e) the dangerous animal must be muzzled whenever it is
on a public premises in a manner that will prevent it from biting any person or
animal, but that shall not injure the animal or interfere with its vision or
respiration; (f) no owner or keeper of a dangerous animal shall sell or give
away the animal without providing notification, including the new owner’s name
and address, to the animal control officer.
President Pro Tem Mecklenburg
stated the next agenda item is the building permit fees if you recall we
discussed this at last month’s meeting and at the advice of Building &
Zoning Administrator, Casper Manheim we decided to raise the costs of our
building permit fees; that is now in ordinance form and we need to approve the
ordinance. Trustee Mecklenburg made a motion to approve ordinance number
03092011 Amendment to Chapter 18 Buildings and Building Regulations Section 18-4
in the Village of Hillcrest Code of Ordinances; 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
the international truck and the work that was needed to repair the transition if
you recall we came to a consensus to approve the expenditure a couple of months
ago and that work has been completed and the truck is in good working order.
President Pro Tem Mecklenburg stated due to the way our ordinance is written we
have to make a motion to approve that cost because any expenditures over $1,500
requires a full board vote. Trustee Unger made a motion to approve payment of
$2,558.41 to Lakeside International Trucks; 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.
NEW
BUSINESS
President Pro Tem Mecklenburg stated that he had already addressed
the issue of hiring a treasurer during his department update; once again please
welcome Penny Payton to the position of treasurer.
President Pro Tem
Mecklenburg stated the next agenda item under new business is the municipal code
update; the board of trustees has passed approximately fourteen new ordinances
since we last updated our municipal code book. President Pro Tem Mecklenburg
stated we need to maintain our code book so we have accurate information
available; the cost is expected to be upwards of $1,375 which is the cost of the
last update. Trustee McMullin made a motion to update the Hillcrest code of
ordinances; 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 called
for a motion to enter into executive session for the purpose of discussing
personnel, pending litigation and to review executive session minutes. Trustee
Stewart 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, Unger - yes and Stewart – yes. The motion passed
unanimously. The Board of Trustees entered into executive session 8:04
p.m.
President Pro Tem Mecklenburg called for a motion to return to open
session. Trustee Stewart made a motion to return to open session; 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 Board of Trustees returned to open session at 8:08 p.m.
President Pro Tem Mecklenburg stated the action taken was to accept the
executive session minutes. Trustee Stewart made a motion to approve the
executive session minutes for the February 16, 2011; 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.
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 8:18 pm. The next
regular monthly meeting will be held April 13, 2011 at 7:00 p.m. at the
Hillcrest Village Hall.
Respectfully submitted,
Teresa J.
Adams,
Village Clerk
Posted: 4/19/2011 |
Updated: 4/19/2011