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04/13/11: Minutes - April 13, 2011 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, April 13, 2011 at the Hillcrest Village Hall. President Pro Tem Jim
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, and
Vicki Stewart. President Rich Hicks and Trustee Trevor Unger were absent due to
a conflict with their places of employment.
President Pro Tem
Mecklenburg called for a motion to approve the minutes of the March 9, 2011
regular monthly meeting. The minutes of the March 9, 2011 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 called for a motion to approve
the minutes of the March 22, 2011 special meeting. The minutes of the March 22,
2011 special meeting were approved upon a motion made by Trustee McMullin;
Trustee Elliott 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 March 31, 2011 the general fund had a balance of $112,317.76, motor fuel
tax fund had a balance of $167,682.71 and the water fund had a balance of
$109,661.10. A motion to approve the treasurer’s report 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.
President Pro Tem Mecklenburg presented the board of
trustees with the claim sheet. A motion to approve the bills as submitted for
March 2011 was made by Trustee Stewart; 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 that Penelope Payton was doing a
very good job for the village; she has a wealth of experience to draw from.
Trustee Mecklenburg stated Ms. Payton has had experience with other government
offices, she knows the accounting, the taxes, the retirement fund and the
reports that need to be made; she is working out very well. Trustee Mecklenburg
asked Clerk Adams if she had anything to add. Clerk Adams stated that Ms. Payton
is doing an excellent job.
WATER: Trustee Elliott reported that there was
a water main break on Rosalind Road and it has been repaired.
HEALTH
& WELFARE: Trustee Salsbury reported there was no new business to
report.
ORDINANCES: Trustee McMullin reported that he was trying to get
residents to clean up their properties. Trustee McMullin stated that he was
confused and he wanted to ask the board if they would like to appoint someone to
go around and start writing people up for ordinance violations. Trustee McMullin
stated that he was not aware of how this was taken care of in the past and asked
for some direction from the board. Trustee Stewart stated that in the past the
police officer would write up an ordinance violation. President Pro Tem
Mecklenburg stated that the village only has one officer and he only works five
hours a week. President Pro Tem Mecklenburg stated we can’t ask him to work more
hours because it will interfere with his retirement. Trustee McMullin stated I
am not sure; but doesn’t this fall under Casper Manheim’s area. President Pro
Tem Mecklenburg stated that Casper Manheim’s main area of responsibility is
building inspector and zoning official.
Trustee Stewart stated what has
happened in the past is that health & welfare has circulated a letter
addressing these issues: junk cars, furniture in the yard, tall grass, and if
the notices were not adhered to within a thirty day time frame the attorney
arranged for residents to be served warrants to appear in court in Rochelle.
Trustee Stewart stated the attorney arranged to handle a large number of these
ordinance violations in one day.
Trustee Salsbury asked Clerk Adams if
she still had copies of the letters that were circulated in the past. Clerk
Adams stated that was a before her time; however she was sure a letter could be
written to address the issues that had been discussed. Clerk Adams informed the
board of trustees that shortly after the election she puts out a letter
informing the residents who their newly elected officials are and what area of
responsibility they are accountable for; this is timed to be sent out the with
CCR report the village is required to send to all of its water customers. Clerk
Adams stated that would be a good time to send out an open letter to the
residents stating the problem and setting a date for enforcement; since this
will be in conjunction with the CCR report it will be at no additional cost.
Trustee Salsbury stated that he would be willing sign the letter as trustee over
health and welfare.
Attorney Temple stated one thing that the board of
trustees needs to consider is the cost related to enforcing these ordinances;
the village will have to pay for legal representation in court and any fine that
the village stands to collect will most likely be less than your attorney fees.
Attorney Temple suggested that the board of trustees review these ordinances to
see if the fines are adequate and if this will provide enough of a return to
offset the related expenses. Clerk Adams stated that spring cleanup is May 21,
2011 that may help alleviate some of the problems; notice has been sent to
residents and businesses on their water bills. Clerk Adams stated the village
does not publically advertise this because people outside of Hillcrest take
advantage of the service and Hillcrest tax dollars are paying for this service
by weight; which can get expensive very quickly.
STREETS: No report was
available due to Trustee Unger’s absence.
BUILDINGS & GROUNDS:
Trustee Stewart reported there were some lights on the outside of the building
that had burned out and those have been fixed.
POLICE DEPARTMENT: No
report was available.
BUILDING DEPARTMENT: Building & Zoning
Administrator, Casper Manheim stated that he wanted some direction from the
board of trustees concerning an ordinance that was recently passed that
prohibits parking semi-tractors on the streets and on residential lots;
recreational vehicles was added into that ordinance too. Building & Zoning
Administrator, Casper Manheim stated is that something that you are considering
revising to exclude that language.
President Pro Tem Mecklenburg stated
recreational vehicles got into the ordinance because some of our residents were
complaining about the really long motor homes blocking their view when they are
trying to pull out of their driveways. Trustee Stewart stated that was
originally in a previous ordinance and it just got put in here because it was in
a previous ordinance. Trustee McMullin stated that should be taken out of the
ordinance.
Attorney Temple stated if you look at the ordinances of other
municipalities this is standard language to restrict parking of semi-tractors
and recreational vehicles on the streets and on residential lots; however it is
ultimately up to the board how you are going to handle this
issue.
Resident Rick Rhoads stated that the board of trustees was
violating the open meetings act. President Pro Tem Mecklenburg stated that the
board was not violating the open meetings act and that the board can in fact
discuss issues that are not on the agenda; however the board cannot take any
action.
ATTORNEY COMMENTS: Attorney Temple stated his only comment at
this time is to say Mr. President Pro Tem Mecklenburg it has been a pleasure
working with you. President Pro Tem Mecklenburg thanked Attorney Temple for his
comment. President Pro Tem Mecklenburg stated that it has been a pleasure
working with all of you if you have any questions or concerns that you would
like to discuss with me just give me a call and I will give you my candid
opinion.
VISITORS: No visitor comments at this time.
OLD
BUSINESS
President Pro Tem Mecklenburg stated the next agenda item is the
contract with T6 Broadband which was tabled for some minor changes. President
Pro Tem Mecklenburg asked Attorney Temple to review the changes to the contract.
Attorney Temple stated the first change involves the five year renewal clause
that was originally an automatic renewal with T6 Broadband in control; that has
been changed to read renewable within ninety days of written notice by both
parties. Attorney Temple stated the next change involves the rent which was $500
per month and that has been changed to include $10 to offset the cost of
electricity. Attorney Temple stated the next item was changed to include that if
T6 Broadband did any damage to the water tower such as puncture the skin of the
tower they would have to pay to have that damage fixed and the other thing here
was that they could not attach anything to the ladder of the tower or impede the
use of the ladder in any way. Attorney Temple stated that the insurance clause
was changed to read that T6 Broadband would have a one million dollar insurance
policy on the water tower as long as they have equipment on the tower. Attorney
Temple stated another change is that T6 Broadband is obligated to pay for any
and all damage caused by their equipment and the village gets to decide whether
the damaged item is to be repaired or replaced and it must be to the village’s
satisfaction. Attorney Temple stated it is his opinion that the contract is
ready to sign when the board is ready to move forward. President Pro Tem
Mecklenburg called for a motion. Trustee Elliott made a motion to accept the
contract between the Village of Hillcrest and T6 Broadband; Trustee McMullin
seconded the motion. Vote as follows: Mecklenburg – yes, Elliott – yes, Salsbury
– yes, McMullin – yes, and Stewart – yes. The motion passed
unanimously.
NEW BUSINESS
President Pro Tem Mecklenburg stated the
first agenda item under new business is the 2010 MFT street improvements final
pay estimate for William Charles Construction Company. President Pro Tem
Mecklenburg asked Jim Sparber of Baxter & Woodman Consulting Engineers to
provide the board with a brief explanation. Mr. Sparber stated last fall William
Charles Construction Company patched and paved a portion of Roy Avenue and
Elliott Drive the actual costs are $250 lower than the bid; at this time we are
asking for authorization to pay William Charles Construction Company. President
Pro Tem Mecklenburg called for a motion. Trustee Stewart made a motion to
approve the final pay estimate for the 2010 motor fuel tax street improvements
to William Charles Construction Company; 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 stated the next agenda item is the resolution for the maintenance of
streets and highways for 2011. President Pro Tem Mecklenburg asked Jim Sparber
of Baxter & Woodman Consulting Engineers to provide the board with a brief
explanation. Mr. Sparber stated that annually motor fuel tax funds can be used
to maintain the streets and to do various projects in order to do that you have
to pass a resolution which obligates the funds to be set aside for those
projects and in this case that would be for road salt and cold patch. Mr.
Sparber stated that this year’s resolution is for a total of $20,000; $14,000
for road salt and $6,000 for cold patch. Mr. Sparber stated if the village does
not use the entire $20,000 at the end of the calendar year the money goes back
into the account. President Pro Tem Mecklenburg called for a motion. Trustee
Elliott made a motion to approve the resolution for the maintenance of streets
and highways for calendar year 2011 in the amount of $20,000; 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 stated the next agenda item is
the soil borings. President Pro Tem Mecklenburg asked Mr. Sparber to give the
board a brief explanation. Mr. Sparber stated if you recall this proposal is
from Testing Service Corporation it is dated June 9, 2009 and was requested as
part of the sewer design project. Mr. Sparber stated this issue was tabled in
the past because the village didn’t have a contract with the City of Rochelle;
now that you have a contract with the city we are bring this issue back before
you for consideration. Mr. Sparber stated that he spoke with a representative
from Testing Service Corporation and they are willing to honor the 2009 price of
$37,300 for a total of sixty-two soil borings. Mr. Sparber stated that the soil
borings will take some of the risk out of the project. President Pro Tem
Mecklenburg stated the village was waiting on the agreement with Rochelle; now
that we have that agreement in place it is time to do these soil borings.
President Pro Tem Mecklenburg called for a motion. Trustee Stewart made a motion
to approve the proposal from Testing Service Corporation for sixty-two soil
borings for the cost of $37,300; Trustee Elliott seconded the motion. Vote as
follows: Mecklenburg – yes, Elliott – yes, Salsbury – no, McMullin – yes, and
Stewart – yes. The motion passed.
President Pro Tem Mecklenburg stated
the next agenda item is the audit for fiscal year 2009 – 2010. President Pro Tem
Mecklenburg called for a motion to approve the audit for fiscal year 2009 –
2010. Trustee Stewart made a motion to approve the annual financial report for
fiscal year 2009 – 2010; 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 stated
the next agenda item is the agreement with Nicor Gas. President Pro Tem
Mecklenburg explained that he had received a telephone call from Mr. Craig White
from Nicor Gas and he informed me that the fifty year agreement between Nicor
Gas and the Village of Hillcrest had expired and he wanted to enter into a new
agreement. President Pro Tem Mecklenburg explained all municipalities within the
State of Illinois receive free gas from Nicor Gas; the amount of gas each
municipality receives is based on their population (three therms per person) and
in exchange for this free gas the municipality waives the cost of building
permits to Nicor Gas to come into the community to install new gas lines and to
maintain existing gas lines. President Pro Tem Mecklenburg stated Nicor Gas will
still have to adhere to all of the building codes and rules and regulations of
the Village; they just won’t be pulling a building permit for every little thing
that they do. President Pro Tem Mecklenburg made a motion to approve the
agreement with Nicor Gas; 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 stated
the next agenda item is the resolution to adopt the Ogle County
Multi-Jurisdictional All Hazards Mitigation Plan. President Pro Tem Mecklenburg
asked Clerk Adams to explain the Ogle County Multi-Jurisdictional All Hazards
Mitigation Plan. Clerk Adams stated that all of the municipalities in Ogle
County had the opportunity to participate in this plan, and she has been
representing the Village in this project for a little over a year. Clerk Adams
stated the project has been approved by the Illinois Environmental Protection
Agency; then the plan had to be approved by Federal Emergency Management Agency
and they have approved the plan. Clerk Adams stated the Village has to pass this
resolution to adopt the Ogle County Multi-Jurisdictional All Hazards Mitigation
Plan before she can actually apply for the grants for the projects that she has
submitted as part of the plan. Clerk Adams stated that she has asked for a storm
warning siren, which the village received about the middle of March; she asked
for a salt bin; a multi-purpose vehicle to be used primarily by the police
department; flood insurance rate maps, which we have those now and also a flood
plain elevation study. Clerk Adams stated she has submitted requests for a
number of projects under this plan; the plan has been approved by Illinois
Environmental Protection Agency and Federal Emergency Management Agency; now the
village has to adopt this resolution so that she can continue to work on the
project to bring these benefits into our community. After a brief discussion
President Pro Tem Mecklenburg called for a motion. Trustee Elliott made a motion
to approve the resolution to adopt the Ogle County Multi-Jurisdictional All
Hazards Mitigation Plan; Trustee Salsbury 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
McMullin made a motion to enter into executive session to discuss personnel and
pending litigation and to review executive session minutes; 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 entered into executive session 7:55 p.m.
President Pro
Tem Mecklenburg called for a motion to return to open session. Trustee McMullin
made a motion to return to open session; 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
returned to open session at 8:11 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 March 9, 2011; Trustee
Elliott 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 stated the board made a
decision to have Attorney Temple give an explanation of the open meetings act as
it relates to the agenda. Attorney Temple stated apparently someone made a
comment that the board was in violation of the open meetings act during the
department updates portion of the agenda. Attorney Temple stated I want to make
it exceptionally clear on the record that both case law and state statue allow
for consideration of any item that is not on the agenda; the only thing that is
prohibited is taking action; which did not occur. Attorney Temple stated that
one of the trustees asked Clerk Adams to place the parking ordinance on the
agenda for next month’s meeting and in my opinion there was no violation of the
open meetings act, whatsoever here tonight.
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 Stewart 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 8:18 pm. The next regular monthly meeting will be held May 11, 2011
at 7:00 p.m. at the Hillcrest Village Hall.
Respectfully submitted,
Teresa J. Adams,
Village Clerk
Posted: 4/13/2011 |
Updated: 4/13/2011