<< Back To Meetings
07/13/11: Minutes - Regular Monthly - July 13, 2011
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, July 13, 2011 at the Hillcrest Village Hall. President Kim Whalen
called the meeting to order at 7:00 p.m. answering the roll call was trustees
Jim McMullin, Rich Elliott, Randall Salsbury, Rick Rhoads and Vicki Stewart.
Trustee Jeanie Sparacino was on vacation.
President Whalen called for a
motion to approve the minutes of the June 8, 2011 regular monthly meeting. The
minutes of the June 8, 2011 regular monthly meeting were approved upon a motion
made by Trustee Elliott; Trustee Stewart seconded the motion. Vote as follows:
McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart – yes.
The motion passed unanimously.
President Whalen called for a motion to
approve the minutes of the June 15, 2011 budget meeting. The minutes of the June
15, 2011 budget meeting were approved upon a motion made by Trustee Rhoads;
Trustee Elliott seconded the motion. Vote as follows: McMullin – yes, Elliott –
yes, Salsbury – yes, Rhoads – yes and Stewart – yes. The motion passed
unanimously.
Clerk Adams gave the treasurer’s report as of June 30, 2011
the general fund had a balance of $177,694.76, motor fuel tax fund had a balance
of $158,853.44 and the water fund had a balance of $131,414.18. A motion to
approve the treasurer’s report was made by Trustee Elliott; Trustee McMullin
seconded the motion. Vote as follows: McMullin – yes, Elliott – yes, Salsbury –
yes, Rhoads – yes and Stewart – yes. The motion passed
unanimously.
President Whalen called for a motion to approve the claim
sheet. A motion to approve the bills as submitted for June 2011 was made by
Trustee McMullin; Trustee Salsbury seconded the motion. Vote as follows:
McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart – yes.
The motion passed unanimously.
DEPARTMENT UPDATES
ORDINANCES: Trustee
McMullin reported that he has been working with Chief Danny White canvassing the
village for ordinance violations. Trustee McMullin stated that when they see an
ordinance violation they stop and talk to the individual if the violation is not
taken care of in one week than a warning is written, if the violation is not
taken care of in another week than a ticket is issued.
FINANCE: There
was no report available due to Trustee Sparacino’s absence.
WATER:
Trustee Elliott reported there is no new business to report. President Whalen
asked Trustee Elliott about the fire hydrants. Trustee Elliott stated that
maintenance supervisor; Robert Villatoro is exercising the fire hydrants and
oiling them.
HEALTH & WELFARE: Trustee Salsbury reported there is no
new business to report.
STREETS: Trustee Rhoads reported that maintenance
supervisor, Robert Villatoro was in the process of cold patching pot holes
throughout the village; however he was pulled away to work on the fire hydrants.
Trustee Rhoads stated that Mr. Villatoro will be chipping Bethel Road and he has
approval to purchase four tons of ag lime for approximately fifty dollars that
and a couple hours of his time and the village will save a considerable amount
of money over hiring someone to come in and do the job. Trustee Rhoads stated he
is hoping to have this work completed by the end of next week.
Trustee
Rhoads stated that a resident had called him and asked that the village will
fill in a pot hole at the end of his driveway and he isn’t sure what past
practice has been regarding this situation; but his concern is that this could
set a precedence and that other residents will expect the village to do the
same. Trustee Rhoads was wondering whose responsibility it would be. Building
& Zoning Administrator, Casper Manheim stated the driveway and the apron are
the responsibility of the homeowner. Clerk Adams offered to print an aerial map
of the property to help clarify the lot lines. After a brief discussion it was
the consensus of the board of trustees to patch only the street at the end of
the driveway.
Trustee Rhoads stated that he is still looking into the
purchase of a new tractor and the sale of the big yellow truck.
BUILDINGS
& GROUNDS: Trustee Stewart reported that the Dryvit has been repaired and
the patches will be tinted in the near future. Trustee Stewart stated that there
are some minor repairs that need to be done on the front of the building;
however Mr. Villatoro has been busy in the water department so it will be a
little while before the work can be completed.
POLICE DEPARTMENT: Chief
Danny White reported he would be giving his report for the months of June and
July. Chief White stated that he had been out in the community making contact
with the residents and they are very happy to see a police presence in the
village again. Chief White stated that he had made several traffic stops which
consist of speeding and stop sign violations. Chief White stated he had some
calls for service for loud music and criminal damage to property; things that he
is able to handle in house.
Chief White confirmed that he has been
working with Trustee Jim McMullin on ordinance violations and he stated that
both he and Trustee McMullin agree it is best if a village official is
accompanied by an officer to avoid potential problems that could occur. Chief
White stated if a resident is issued a citation he can take them over to the
courthouse; so that Trustee McMullin will not have to take off
work.
Chief White stated he had a call for service which first appeared
to be an attempted burglary; however someone had kicked the back door a little
too hard and it turned out to be a false alarm. Chief White explained how a call
of this nature is handled and the paperwork that is involved. Chief White stated
that he is working with the State of Illinois to ensure that things are getting
done properly and he also informed the board that he had qualified with his duty
weapon.
Chief White stated that he has been going through the police
department checking out the equipment and the police department has six guns
(glocks model 40); it is his opinion that the police department would only need
a maximum of three guns. Chief White stated that he would like for the Board to
consider selling three of the guns to use the revenue for other things that are
needed in the police department and he stated that he would get in touch with a
gun broker to see what the guns could possibly sell for.
Chief White
stated that he had spoken with Attorney Temple about processing citations and
they have been talking to other villages about how they are handling citations;
instead of writing State citations they are writing village ordinance citations
and the difference between the two is that over ninety percent of the revenue
comes back to the village. Chief White stated that when he stops an individual
he will explain the difference between the two types of citations and that the
ordinance violations are less costly, there is no court appearance, no time off
from work and the ticket does not go on their driving record.
Attorney
Temple explained that in the State of Illinois everyone has what is called a
driving abstract and this shows convictions; supervision and points that are
assigned according to the offense if you elect to take an ordinance violation
this will not appear on your abstract. Attorney Temple explained that there is a
public abstract and a private abstract, the private abstract is available to law
enforcement officers, probation officers and states’ attorneys. Attorney Temple
stated the public abstract is available to insurance companies and they can use
this to increase your rates or as justification to drop you altogether; so
taking an ordinance can be a huge benefit to the offender.
Trustee Rhoads
asked what type of violations this would be offered for. Chief White stated it
would be offered for petty offenses such as speeding, stop sign violations,
improper lane usage, and other small offenses of this nature. Chief White stated
offenses such as domestic battery or DUI would be written under a state citation
and the offender would go to jail.
Attorney Temple explained that to
write a ticket under an ordinance violation the village has to have an ordinance
on the books to that affect; however since the village has adopted the entire
motor vehicle code the village can pursue anything under that code.
Chief
White stated this is something that he and Attorney Temple have been working on
for quite some time and there are still some aspects that need to be worked out.
Chief White stated that he and Attorney Temple would have to meet with Clerk
Adams to figure out the logistics of the payment process.
Trustee Rhoads
asked if an offender can come back later and fight the ticket. Chief White
stated he had spoken with State’s Attorney, Ben Roe and if an offender wants to
fight the ordinance violation the State’s Attorney can go back and reopen the
case and make it a State offense. Chief White stated that he had also talked to
the States Attorney about where Hillcrest Officers can patrol; so that there are
no misunderstandings.
BUILDING DEPARTMENT: Building & Zoning
Administrator, Casper Manheim reported that there was no new business to report.
ATTORNEY COMMENTS: Attorney Temple stated that it has become apparent
that our Village code needs to be revamped due to the fact that the fine
schedule is outdated and these issues will be addressed as they come
up.
VISITORS: No visitor comments at this time.
OLD
BUSINESS
President Whalen stated the first agenda item to be discussed under
old business is the parking ordinance. Trustee Rhoads asked Attorney Temple what
his opinion is of the issue of weight limits. Attorney Temple stated the one
thing that he is concerned about is that weight limits go across the board and
that there is no discrimination among the classes. Trustee Rhoads stated our
roads are supposed to be posted at eight tons. Jim Sparber of Baxter &
Woodman Consulting Engineers stated roadways are designed to support an 80,000
pound vehicle; the exception to that can be a bridge or more commonly in the
spring roadways are temporarily posted until the frost leaves the ground. Mr.
Sparber stated that your roads should be able to handle an 80,000 pound vehicle;
but it is hard to say how the roads were built in the past and if all of your
roads meet that criteria.
Trustee McMullin asked if a vehicle over 80,000
pounds would affect the water mains. Trustee Elliott stated that shouldn’t
affect the water mains. Mr. Sparber of Baxter & Woodman Consulting Engineers
stated the water mains should be at least five feet deep and that should not
have any effect on the water mains. Trustee Elliott stated some of these roads
were built over fifty years ago when there wasn’t an 80,000 pound restriction;
so I am thinking that the roads are only built to 30,000 to 50,000 pounds. Mr.
Sparber stated that it is hard to say so much of that depends on the underlying
soils and the only way to really know is to do borings. Trustee Salsbury asked
if speed was a factor. Mr. Sparber stated it is more the amount of traffic and
the repetition and the stopping and starting; if the road is not built to handle
the weight you will start to notice it at stop signs where there is a pounding
effect that will cause depressions in the roadway.
Attorney Temple asked
the board of trustees if they were considering this because of weight or because
recreational vehicles are unsightly. Attorney Temple stated most people complain
about a forty foot recreational vehicle sitting in their neighbor’s driveway
because it is unsightly and it is hard to see around; you need to keep this in
mind because we may have to defend our position at some point. Attorney Temple
stated the other thing when you consider the weight restriction you also have to
consider the aspect of enforcement; I would venture to guess that the Village
does not have a scale available then it becomes an issue of getting an outside
agency in here to take care of this. Chief White stated that the State would
have a portable scale and they could assist the police
department.
Trustee Stewart stated aren’t we more concerned with the
issue of visibility than the unsightliness of a recreational vehicle. Trustee
Rhoads stated that is his major concern the restriction of motorist’s
visibility. Trustee Rhoads stated another issue is these recreational vehicles
are so large that some of them actually stick out into the roadway; also when
the recreational vehicle is in the driveway now the resident is parking in the
street while they may not be blocking their neighbors driveway they are
restricting their vision.
President Whalen stated that she thought she
remembered reading in the code that our residents cannot park anything in their
driveway that forces them to park on the street. Trustee Stewart stated the
concern revolves mostly around the issue of visibility and reducing the amount
of on street parking so as not to reduce visibility; there are a lot of small
children in the village running, playing, riding bikes et cetera that is if the
utmost importance not the unsightliness of a recreational
vehicle.
Trustee Elliott stated that he thought a setback should be
established; so that these vehicles are not blocking the visibility of
motorists. There was a brief discussion concerning different locations in the
Village where recreational vehicles are causing visibility issues. There was a
brief discussion about setbacks and how they should be established. Building
& Zoning Administrator, Casper Manheim suggested that parking be allowed up
to where the lot line crosses the driveway, only. Attorney Temple stated that
the Board should consider testing out some of the options that were discussed.
President Whalen stated that she would go around and do some testing and bring
that information back to the Board for further discussion. Trustee Rhoads made a
motion to table the parking ordinance until the August meeting; Trustee Elliott
seconded the motion. Vote as follows: McMullin – yes, Elliott – yes, Salsbury –
yes, Rhoads – yes and Stewart – yes. The motion passed
unanimously.
President Whalen stated the next agenda item under old
business is the animal ordinance. Attorney Temple explained the major changes
that had been made; on page six items H, I, and J have been added and on page 9
items H, I, and J have been added. Attorney Temple stated the most significant
change starts on page 10 section E; the penalties section has been taken out and
renamed actions; actions to be taken if your animal is deemed dangerous or
vicious if those actions are not adhered to a section called failure to comply
had been added and then the actions that will be taken against an individual
they fail to comply. Attorney Temple stated failure to comply will result in a
fine of no less than $500 per day and no more than $1,000 per day; each day is
deemed a separate offense.
Attorney Temple stated the appeals process has
changed originally if a resident owned a dog that was deemed dangerous or
vicious the owner had the right to appeal to the entire board of trustees
research has shown that in most municipalities the appeal goes directly to the
president and or mayor; therefore that has been change and the appeal goes
directly to the village president.
Attorney Temple stated the other thing
that has changed is if the owner of a dog that has been deemed dangerous or
vicious chooses to keep the dog they must post a sign in the front yard stating
that there is a dangerous or vicious animal on premises and the sign must be
approved by the animal control officer. Attorney Temple stated the individual
that wishes to keep a dog that has been deemed dangerous or vicious must show
proof to the municipality that they carry liability coverage of at least one
hundred thousand dollars and the dog must have a microchip that allows the dog
to be tracked in the event that it gets loose. Trustee Salsbury made a motion to
pass the amendment to chapter 14, article II entitled animals in the Hillcrest
code of ordinances; Trustee McMullin seconded the motion. Vote as follows:
McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart – yes.
The motion passed unanimously.
NEW BUSINESS
President Whalen
stated the first item under new business is a bid from Mascal Electric.
President Whalen stated we lost power here at the village hall again this week;
this is a major interruption to the daily operations here in the offices and it
is also contributing to a computer related problem that we have been having
throughout the building. President Whalen stated at last month’s meeting there
was some confusion concerning the bid the entire cost of the project is not
$5,750 as we had originally thought; the total cost of the project is $8,000
that includes separating the water system from the village hall, installing a
200 amp – 3 phase commercial panel board with breakers and TVSS lightning
protection. There was a brief discussion concerning the logistics of the
grounding rods and the TVSS lightning protection. There was a brief discussion
as to how the $8,000 would be expensed; $5,750 will be expensed to the water
department and $2,250 will be expensed to buildings and grounds. Trustee Rhoads
made a motion to approve the bid from Mascal Electric for the proposed
electrical work and the lightning protection for a total of $8,000; Trustee
McMullin seconded the motion. Vote as follows: McMullin – yes, Elliott – yes,
Salsbury – yes, Rhoads – yes and Stewart – yes. The motion passed
unanimously.
President Whalen stated the next item under new business is
the correspondence from Illinois Environmental Protection Agency; this is
strictly informational at this point. President Whalen stated the letter from
Illinois Environmental Protection Agency states that at this point in time it is
not feasible to build the sewer project as it was submitted because it is cost
prohibitive. President Whalen stated that the village still wants to proceed
with the project and she is actively pursuing funding; but for now the project
is on hold.
PUBLIC COMMENT
Brad Dyer – 217 Powers Road, owner of Auto
Hub addressed the board of trustees and informed them that he had just purchased
the old Meyers building located at 211 Powers Road. Mr. Dyer passed out a
written presentation to the board of trustees and stated that he intended to
give the building a serious facelift as part of growing his business. Mr. Dyer
invited the board of trustees to call him to discuss the written presentation
that he handed out and to discuss his new business venture.
Deana Rhoads
– 104 Gale Court, voiced her concern about the stop sign located at the
intersection of Errett Road and Maple Avenue. Mrs. Rhoads stated that the stop
sign is up on the utility pole which makes it hard to see; there has been
several instances where she has had people pull out in front of her and almost
hit her due to the poor visibility of the stop sign. Mrs. Rhoads suggested that
the village add red flashing blinkers to the sign or simply move the sign back
to the edge of the road.
Brian Grammer – 201 Roy Avenue, voiced his
concern about a specific property that is next to his that is not being
maintained. Mr. Grammer stated that the grass is over his knees and that he has
seen snakes and rodents. Mr. Grammer stated that he can’t sit on his deck
because the bugs are so bad; it is a nuisance and it is unsightly. Mr. Grammer
stated that he spends a lot of time and money maintaining this property and he
is concerned about the reduction in property values and health related
issues.
Teri Gregory - 208 Roy Avenue, voiced her concerns about living
next to the cement plant. Ms. Gregory stated that she had lived at her current
address for twelve and a half years and that the cement plant moved in next to
her five years ago. Ms. Gregory voiced her frustration about the dust and the
noise and how they affect her health. Ms. Gregory stated that she does not agree
with the village’s position concerning semi-trucks in the village and she told
the board of trustees that as long as the concrete plant was in operation her
husband would be parking his semi-truck in their driveway. Attorney Temple
explained to Ms. Gregory that the issue isn’t as simple as she believes it to
be; he explained that the cement plant has a vested interest in the property at
that location and the implications that has for the cement plant and the
village.
President Whalen 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 Rhoads seconded the motion. Vote as follows:
McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes.
The motion passed unanimously. The Board of Trustees entered into executive
session 8:18 p.m.
President Whalen called for a motion to return to open
session. Trustee Elliott made a motion to return to open session; Trustee Rhoads
seconded the motion. Vote as follows: McMullin – yes, Elliott – yes, Salsbury –
yes, Rhoads – yes and Stewart – yes. The motion passed unanimously. The Board of
Trustees returned to open session at 8:52 p.m. President Whalen stated the
action taken was to accept the executive session minutes.
Trustee Rhoads
made a motion to approve the executive session minutes for the June 8, 2011 not
to be released to the public at this time; Trustee Elliott seconded the motion.
Vote as follows: McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and
Stewart - yes. The motion passed unanimously.
Trustee Rhoads stated that
he would like to announce that the village had received a grant from Federal
Emergency Management Agency for $5,699.31 for the blizzard we experienced in
February and he thanked Clerk Adams for all her work in securing this grant
money for our community.
There being no further business to transact a
motion to adjourn was made by Trustee Rhoads; Trustee McMullin seconded the
motion. Vote as follows: McMullin – yes, Elliott – yes, Salsbury – yes, Rhoads –
yes and Stewart – yes. The motion passed unanimously. The meeting adjourned at
8:54 pm. The next regular monthly meeting will be held August 10, 2011 at 7:00
p.m. at the Hillcrest Village Hall.
Respectfully submitted,
Teresa J. Adams,
Village Clerk
Posted: 7/13/2011 |
Updated: 7/13/2011