The Hillcrest Village Board of
Trustees met in regular monthly session Wednesday, August 10, 2011 at the
Hillcrest Village Hall. President Kim Whalen called the meeting to order at 7:03
p.m. answering the roll call was trustees Jim McMullin, Jeanie Sparacino, Rich
Elliott, Randall Salsbury, Rick Rhoads and Vicki Stewart.

President
Whalen called for a motion to approve the minutes of the July 13, 2011 regular
monthly meeting. The minutes of the July 13, 2011 regular monthly meeting were
approved upon a motion made by Trustee Elliott; Trustee Stewart seconded the
motion. Vote as follows: McMullin – yes, Sparacino – 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 July 27, 2011 budget meeting. The minutes of the July 27, 2011 budget
meeting were approved upon a motion made by Trustee Stewart; Trustee Rhoads
seconded the motion. Vote as follows: McMullin – yes, Sparacino – yes, Elliott –
yes, Salsbury – yes, Rhoads – yes and Stewart – yes. The motion passed
unanimously.

Trustee Sparacino gave the treasurer’s report as of July 31,
2011 the general fund had a balance of $182,824.25, motor fuel tax fund had a
balance of $161,052.89 and the water fund had a balance of $127,737.47 A motion
to approve the treasurer’s report was made by Trustee McMullin; Trustee Elliott
seconded the motion. Vote as follows: McMullin – yes, Sparacino – 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 July 2011 was made by
Trustee Rhoads; Trustee Elliott seconded the motion. Vote as follows: McMullin –
yes, Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart –
yes. The motion passed unanimously.

DEPARTMENT UPDATES
ORDINANCES:
Trustee McMullin reported there is no new business to report.

FINANCE:
Trustee Sparacino reported there is no new business to report.

WATER:
Trustee Elliott reported two buffalo boxes were repaired one on Linda Avenue and
one on Hillcrest Avenue. Trustee Elliott stated all the fire hydrants have been
tested and are in working order.

HEALTH & WELFARE: Trustee Salsbury
reported there is no new business to report.

STREETS: Trustee Rhoads
reported that maintenance supervisor, Robert Villatoro spread ag lime on Bethel
Road, he has spent many hours mowing and he is continuing to patch pot holes.
Trustee Rhoads stated that maintenance supervisor, Robert Villatoro moved the
stop sign at Maple Avenue and Errett Road closer to the side of the road making
it more visible. Trustee Rhoads stated the stop signs on Linda Avenue and Errett
Road will be replaced in the near future due to the fact that they are extremely
faded.

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 the Village experienced in February and he thanked
Clerk Adams for all her work in securing this grant money for the community.
Trustee Rhoads stated that Clerk Adams reserved 130 tons of road salt for the
winter and the price per ton is sixty-nine cents lower than last year. Trustee
Rhoads thanked Clerk Adams for her work on these projects.

BUILDINGS
& GROUNDS: Trustee Stewart reported there are some minor repairs that need
to be done on the Village Hall; however at this time maintenance supervisor,
Robert Villatoro is busy in the water department and the street department.
Trustee Stewart stated repairs to the building will start as soon as possible.


POLICE DEPARTMENT: Chief Danny White reported for patrol activity he
continued to follow up on the mailbox damage that occurred in the Village;
traffic tickets were written; there was criminal damage to property at two
locations in the Village; he checked on a report of a suspicious person and
processed tickets at the Ogle County Circuit Clerk’s Office.

Chief White
stated he has been working with Trustee McMullin processing ordinance
violations; out of the six violations four have been rectified; the other two
will be issued citations.

Chief White stated that he has been working
with the Forreston Police Department to develop a uniform citation book for the
Village and in his research he has discovered that the citation that the Village
already has will be sufficient.

Chief White informed the board of
trustees that he sold three of the six Glock 22 guns in inventory to gun broker,
Lin Schryver, in Forreston for $425 each for a total of $1,275; this is money
coming back to the Village.

Chief White stated if residents need the
police they should call the Ogle County Sheriff’s Department because they
dispatch Hillcrest Officers, too; the non-emergency telephone number is
815-562-4100 and the Hillcrest Police Department telephone number is
815-561-2081. Chief White stated that he ran a report at the Ogle County
Sheriff’s Department to see how many calls Hillcrest has for service in a month
and there were approximately fifty calls last month; thirty of those calls were
actually meeting with people and taking care of business. Chief White urged
resident to call 911 in the event of a real emergency.

BUILDING
DEPARTMENT: Building & Zoning Administrator, Casper Manheim reported that
there was no new business to report.

ATTORNEY COMMENTS: No attorney
comments at this time.
VISITORS: No visitor comments at this
time.

OLD BUSINESS
President Whalen stated the first item under old
business is the parking ordinance. President Whalen stated that she had gone out
and canvassed the Village for vehicles that would obstruct motorist’s line of
sight and she came to the conclusion that the Board needs to establish a setback
of eight to ten feet.

Trustee Stewart asked the board of trustees to look
at section (c) Prohibited parking on a residential lot. No truck tractor,
semitrailer, any other commercial vehicles or recreational vehicle shall be
parked in any manner on a residential lot, including, but not limited to, the
driveway. Trustee Stewart stated so this means that our residents still can’t
park their recreational vehicles on their own property. Clerk Adams explained
that the ordinance before the Board was the one they passed June 9, 2010; this
ordinance was re-opened April 12, 2011 the discussion has been whether or not to
change this section of the ordinance. Clerk Adams stated the discussions have
revolved around semi-trucks and recreational vehicles; there are two issues here
weight and visibility.

Trustee Stewart stated recreational vehicles and
semi-trucks should be separated and recreational vehicles should be allowed on
residential lots provided that they are set back eight feet from the street.
Trustee Rhoads stated that all vehicles should be on a hard surface. Trustee
Stewart agreed. Trustee Rhoads stated that even small pull behind trailers
should be on a hard surface. Trustee Stewart stated that residents need to
expand their driveways to accommodate their recreational vehicles or they need
to store them somewhere else.

Trustee Rhoads stated the board of trustees
needs to put some language in the ordinance that states that residents must
utilize their driveways before parking on the street. President Whalen stated
that there is already something in the code that states you can’t park your
recreational vehicle in the driveway if that forces you to park your cars on the
street. Clerk Adams stated the only thing in the code that she is aware of is
the amendment to the code that was initiated by former Trustee Orrie Samp that
states that residents have to utilize their driveways before parking on the
street; this came about as a result of problems with snow plowing.


Attorney Temple asked the board of trustees if they were contemplating
allowing recreational vehicles; but not semi-trucks and if so what is the
difference between the two because you should be worried about avoiding a
lawsuit. Attorney Temple reminded the Board that this whole thing started with
weight on the roads, noise and unsightliness. Attorney Temple stated the reason
recreational vehicles was included in the first place is because he had advised
the Board not to exclude one vehicle and not the other. Attorney Temple stated
in his opinion you as a Board needs to restrict them all or you need to allow
them all.

Trustee Stewart stated what this all boils down to is the
weight and length of a vehicle as far as restrictions; however I think that
small pop-up campers and the like should be allowed in the summer months when
they are used the most. There was a brief discussion about the weight
distribution of vehicles and their impact on the roads.

Attorney Temple
stated that most municipalities restrict recreational vehicles and tractor
trailers because they are unsightly and municipalities are using the weight
restriction as a way to restrict these vehicles.

President Whalen stated
what about the residents that have purchased permits to expand their driveways
to accommodate their recreational vehicle; they have followed all of the
guidelines and now we as a Board can just change this and tell them that they
can’t have their recreational vehicle at their place of residence. Attorney
Temple stated the Board can change things as needed; it is a matter of what the
law says about grandfathering someone in and he would have to research that
issue. Attorney Temple stated that the law changes all of the time and people
have to modify their actions accordingly.

Trustee Salsbury stated he
thought the ordinance should stand as it is written; the bottom line is that we
as a Board can write all of the ordinances that we want, what it really comes
down to is enforcement. Trustee Salsbury stated the ordinance as it is written
is enforceable; the Village is not set up to start weighing axels on vehicles.
President Whalen stated this ordinance is going to affect a lot of people if we
leave it the way it is because if the Village fines one person they are going to
drive around and start telling on other residents. Trustee Salsbury stated there
is also a safety issue here if two of these vehicles are parked on opposite
sides of the street then emergency vehicles won’t be able to get
through.

Trustee Elliott stated the problem that he has is with the term
recreational vehicle; is an ATV (all-terrain vehicle) considered a recreational
vehicle. Trustee Salsbury stated that is black and white if it has an RV plate
then it is a recreational vehicle. Chief White stated that the police department
would have to pick and choose their battles; he would not fine a resident for
having an ATV parked in their driveway. Chief White stated what this really
comes down to is weight and the Village does not have the capability available
without calling in an outside agency. Chief White explained that the ordinance
needs to be black and white; either you allow them or you don’t because if this
in not spelled out and it is gray then the police department will have to use
their best judgment and you as a Board are going to have to stand behind us.
Attorney Temple stated in Ogle County there are a few judges that are very
lenient and they most always side with the resident; so if there is any gray
area here we are wasting our time.

Trustee Salsbury made a motion to
leave the parking ordinance as it is; the motion was not seconded. The motion
died on the floor. Attorney Temple stated that it is not necessary to make a

motion; if the Board takes no action the ordinance stands as it is. Trustee
Salsbury made a motion to table the ordinance again; Trustee Elliott seconded
the motion. Vote as follows: McMullin – yes, Sparacino – 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 the Auto Hub. Brad Dyer of the Auto Hub addressed the board of
trustees and stated that he had recently purchased the old Meyers Furniture
Store and in a couple of months you will see a big improvement on that corner.
Mr. Dyer stated that he purchased the building for over $500,000 and he
anticipates spending another $150,000. Mr. Dyer stated that he is looking for a
little support on this project and he asked the board of trustees if they had
any questions. Trustee Rhoads asked Mr. Dyer when he planned to open the doors.
Mr. Dyer stated that he hoped to be open by October 1, 2011. Trustee Stewart
stated in as few words as possible; but to the point why should this Board offer
you a fifty percent sales tax abatement for seven years.

Mr. Dyer stated
that he is making a commitment of approximately three-quarters of a million
dollars in the community and he anticipates a twenty-five to thirty percent
growth; when you look at that as opposed to my purchasing the old Dodge store on
the south side of Rochelle the Village could have lost that one percent sales
tax. Mr. Dyer stated hopefully my business will grow and the Village will get
more sales tax and it will be a win – win situation for everyone.


Trustee McMullin asked Mr. Dyer to explain in a little more detail his
plans for the business. Mr. Dyer stated he is planning to grow in auto sales,
service, accessories and detailing; basically expand into a full-service
dealership. Trustee Elliott asked Mr. Dyer what his plans are for the adjacent
lot. Mr. Dyer stated that he plans to lay a gravel base this year and pave the
lot within one year.

Mr. Dyer stated that when he first approached
President Whalen he asked for a break on the property taxes which are $1,200 per
year; however he didn’t realize how small of a percentage the Village gets of
that money. Mr. Dyer stated President Whalen stated that she would absolutely
take a look at the possibility offering some type of incentive; if the Village
is going to grow you must be ready to offer some type of
incentive.

Trustee Stewart stated Mr. Dyer give the residents an example
of how the loss of this sales tax revenue to the Village will benefit them; it
is hard to justify giving you a sales tax abatement of fifty percent for seven
years when our residents are driving on streets that have potholes in them.
Trustee Stewart stated how can our residents possibly benefit from giving up
that money for your benefit. Mr. Dyer stated first of all he sees the glass
half-full; not half empty; second he is hoping to sell more cars and offer
services to the residents of the Village; so that they will get their brakes
changed here in Hillcrest and capture some of the business that is going to
Rochelle. Mr. Dyer stated that the Board of Trustees needs to look at this as an
opportunity for growth and not that you are losing fifty percent of your sales
tax. Trustee Stewart stated and what is your plan if the growth is not there.
Mr. Dyer stated that there are no guarantees; but my business is up a little
over twenty percent from the first of last year. Mr. Dyer stated that he has
been in the community for six years he is starting to see referrals and repeat
business; he would like to see eighty percent of his business come from within
the community. Mr. Dyer thanked the board of trustees for their time and
consideration; if you can work with me in some way that would be greatly
appreciated.

Attorney Temple stated Mr. Dyer pointed out that like DeKalb
and Sycamore the Village must give tax incentives to lure businesses into the
community and it is common to do this to bring in new businesses like Wal-Mart
to lure them here; but this is an existing business that is already established.
Attorney Temple pointed out that Mr. Dyer just invested three-quarters of a
million dollars in a property here in the community; he is not going anywhere at
this point. Attorney Temple stated why should Hillcrest give up half of its
sales tax revenue and more importantly what is going to happen when other
established businesses show up and they request a sales tax incentive; if you
don’t give them the same offer as you did Mr. Dyer you could end up in court.
Attorney Temple stated as long as you use the tax incentive for its intended use
of luring business into the community; you will be okay. Trustee Stewart pointed
out that Mr. Dyer was given a sales tax incentive of fifty percent for two years
when he first opened his business in the community. President Whalen called for
a motion. Trustee Rhoads made a motion to table the issue until the September
board meeting; Trustee McMullin seconded the motion. Vote as follows: McMullin –
yes, Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart
–no. The motion carried.

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 Sparacino seconded
the motion. Vote as follows: McMullin – yes, Sparacino – yes, Elliott – yes,
Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously.
The Board of Trustees entered into executive session 7:59 p.m.

President
Whalen called for a motion to return to open session. Trustee Elliott made a
motion to return to open session; Trustee Sparacino seconded the motion. Vote as
follows: McMullin – yes, Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads
– yes and Stewart – yes. The motion passed unanimously. The Board of Trustees
returned to open session at 8:34 p.m. President Whalen stated the action taken
was to accept the executive session minutes.

Trustee Salsbury made a
motion to approve the executive session minutes for the July 13, 2011 not to be
released to the public at this time; Trustee McMullin seconded the motion. Vote
as follows: McMullin – yes, Sparacino – yes, Elliott – yes, Salsbury – yes,
Rhoads – yes and Stewart - yes. The motion passed unanimously. President Whalen
stated no action was taken.

President Whalen stated the next item under
new business is Errett Warehousing. Tim Hayden addressed the Board of Trustees
and stated that he was representing the owners of the building located at 324
Errett Road; approximately 60 days ago Consolidated Grain & Barge approached
the owners about leasing the building to store grain. Mr. Hayden stated that
Consolidated Grain & Barge would move wheat that they already have to this
location and hold it there for a year or more until the price goes up. Mr.
Hayden stated that the building is zoned industrial and we believe this to be an
approved use and we just want to make sure the building can be used for that
purpose; if you have any questions; comments or concerns we would be happy to
listen to them.

Mr. Hayden stated Consolidated Grain & Barge was
first told that the building would have to be rezoned to agriculture; I don’t
believe that to be true. Mr. Hayden stated look at the zoning code and the item
that is highlighted it says “accessory to farming operations” based on his
zoning experience and the experience of the individual that was consulted there
is a zoning class of agriculture in the Village; but that is land that is
annexed into the Village this is more for transitional purposes for example when
the property north of Hemstock Road was annexed the Village doesn’t know what
will be in that area in the future; so it is zoned agricultural until the
Village zones it something else. Mr. Hayden stated the building in question is
zoned light industrial so it is a little different case; if you look at the
light industrial zoning classification it does not state what type of products
can and cannot be stored; to say that you cannot store a commodity in the
building would be similar to have told DelMonte when they were in the building
that they could store canned goods; but they could not store dog food.
Mr.
Hayden stated I know that there are some concerns with rodent control and things
of that nature; however it is important to keep in mind that the building was
built in the early eighties to store commodities, (corn) it was part of the same
type of program; the country was not using a lot of corn; so the government was
advising farmers to store their corn. Mr. Hayden stated at that time the
building was just a steel shed similar to what you would find on a farm; in
later years the building was converted to a food grade warehouse. Mr. Hayden
stated today it is a different building it has better doors; foam insulation; it
has recently been used as a food grade warehouse and the requirements to do that
are much stricter than to store a commodity. Mr. Hayden stated the owners wants
to be good neighbors and they want to put up some type of rodent control bond;
the owner is also willing to put up some type of bond for the maintenance and
future improvement of Maple Avenue. Mr. Hayden stated that Consolidated Grain
& Barge doesn’t want to use the doors on the west side of the building; if
this request is granted they would like to use the east side of the building for
loading and unloading. Mr. Hayden stated they would build a driveway half the
length of the building with a tee at the end keeping the truck traffic on the
east side of the building; there would have to be some minor modifications to
the building in order to do this. Mr. Hayden stated that is a brief overview of
what the owners and Consolidated Grain & Barge want to do; are there any
questions.

Trustee Stewart asked which way the trucks would be traveling
in and out of the Village. Mr. Hayden responded that the trucks would enter on
Maple Avenue and exit on Maple Avenue. Trustee Stewart asked what the hours of
operation would be due to concerns about noise and dust. Mr. Hayden stated he
did not know how early they would start; but he would say normal business hours;
this will not be going on around the clock. Mr. Hayden stated here are some
numbers to keep in mind; that building holds two million bushels of grain; a
semi holds one thousand bushels of grain; so that is two thousand semis. Mr.
Hayden stated that the semis would come in over a period of time and the grain
is going to sit there until the market price reaches a desirable
level.

President Whalen asked how long the grain would be stored. Mr.
Hayden stated that he did not know how long the grain would be there that all
depends on the market. President Whalen stated you have said that there is going
to be two thousand semis coming in and out of the Village; what time span are
you looking at here. Mr. Hayden stated it could be over the length of one
harvest or even over the length of two harvests.

Attorney Temple stated
that in the Hillcrest Code of Ordinances there is a table of permitted uses for
each zoning district; one of which is industrial and one of which is
agricultural and grain storage as an accessory to a farming operations is only
permitted in an agricultural district; it is not permitted in an industrial
district; why then does Consolidated Grain & Barge feel that this does not
apply to them. Mr. Hayden stated a consultant was consulted and it is their
opinion that you can’t skip to the tables that you have to read the zoning class
and then you go to the tables for the appropriate class; basically this does not
apply because Consolidated Grain & Barge is not using the building as an
accessory to farming; the main use is to store grains for an extended period of
time. Attorney Temple stated if you look at the zoning classes there it says
that you can only use land for its intended use that is specified in this table
and it clearly stated that grain storage can only be done in an agricultural
district. Mr. Hayden stated that says grain storage as an accessory to a farming
operation. Attorney Temple stated and that is my question to you; how are they
interrupting that; how does that apply or not apply to the narrative. Mr. Hayden
stated that doesn’t apply accessory to framing operations; that to us means
frequent deliveries for example to a grain dryer where there is steam and noise
and such; this isn’t grain storage accessory to a farming operation this is just
storage of a commodity. Mr. Hayden stated that you need to look at the activity
and not the product; in industrial zoning it states that warehousing is
permitted; but it doesn’t break down what can be warehoused. Attorney Temple
stated I would agree with you; however what the Village’s code states if you
have something that is more restrictive or more specific that rules the day.
Attorney Temple stated the code specifically mentions grain storage and that is
about as specific as we can get and everyone on your side of the equation is
classifying this as grain storage; that is a more restrictive use and that would
rule the day more so than general warehousing. Attorney Temple stated I want to
make something very clear here from some of the correspondence that the Village
has received it seems as if some people have taken the position that the Village
of Hillcrest has denied them this use and I want to make it very clear in front
of the Board and correct me if I am wrong; that is not the case. Attorney Temple
stated I am not sure where that is coming from; but Hillcrest has not taken any
position on this yet; it is not that we are for it; it is not that we are
against it; we simply want to comply with our code and if our code states that
we have to go with the more restrictive use and you are talking about something
that says warehousing is permitted and then there is something that is more
specific that talks about what is permitted like grain storage there could be
the opinion that we would be compelled to follow our code and say that grain
storage is only permitted in an agricultural area. Attorney Temple stated what
it may all come down to is what is an accessory to farming operation; you were
giving your opinion as to what that may or may not mean; but the code doesn’t
define that.

Mr. Hayden stated I can’t disagree with what you have said;
but at the root of that topic is the right category and if you have the five
pages before this that defines the purpose of those zoning classes that will
lead you to the industrial class where you should be looking and not in
agricultural; we have some time restrictions here it is a seasonal business and
if we can’t get something done this year it puts us in a position where this may
not be a viable option. Mr. Hayden stated you are correct the Village Board
didn’t take a position on this subject; however when Consolidated Grain &
Barge first contacted the Village, Building & Zoning Administrator, Casper
Manheim was the first point of contact and he said that was the Village’s
position that is why we came to this point where we are asking questions. Mr.
Hayden stated in part I will say that we don’t know the exact working of the
Village; whether we should have contacted the mayor; you do have different
departments here we are just trying to move this along in an orderly fashion so
we can get back to our client.

President Whalen asked Mr. Hayden what is
your timeframe. Mr. Hayden stated yesterday; we are on borrowed time. Trustee
Rhoads asked Mr. Hayden if his client had engineering plans to show the Board of
Trustees how they plan to lay out the new driveway that you discussed. Mr.
Hayden stated they have started; but we have not shared those plans with the
Village because we need an answer to tell us how to approach our next step.
Trustee Rhoads stated one of his major concerns is that when DelMonte occupied
that warehouse there were a lot of trucks staged along Maple Avenue; are you
going to have any provision for a staging area off of Maple Avenue. Trustee
Rhoads stated if trucks are lined up on both sides of Maple Avenue from the
warehouse to US 251 the trucks are blocking access to other businesses, it
creates line of sight issues for motorists and you can’t get an emergency
response vehicle down that street. Mr. Hayden stated there is not going to be
ten trucks sitting waiting to load or unload; this is about getting in and out.
Mr. Hayden stated these trucks are going to be making laps between the
facilities where the grain is coming from to the warehouse on Errett
Road.

Trustee Salsbury asked if the grain is going to be dumped into a
pit. Mr. Hayden stated that is the school of thought at the moment. Trustee
Stewart stated then there will be a lot of dust especially from wheat. Mr.
Hayden stated any dust would be on the east side of the warehouse or in the
building itself. Trustee Stewart stated it will at some point become airborne.
Mr. Hayden stated I can tell you for sure it is going to drop out of the bottom
of a truck. Trustee Salsbury there really isn’t much dust when grain falls from
the belly of a truck into the grates of a pit. Mr. Hayden stated that the dust
would be between two large industrial buildings and therefore shouldn’t be a big
problem.

President Whalen stated you mentioned a bond for the future
repair of the roads; what are we looking at. Mr. Hayden stated that has not been
determined that is part of the discussion taking place; an engineer will have to
determine the costs of the bond based on a number of factors. Trustee Stewart
stated your clients are not looking for a decision on this tonight are they. Mr.
Hayden stated is there a committee that makes that decision; is this a Village
Board level decision; how does this work. Attorney Temple stated that he would
talk to Mr. Hayden about that after the meeting.

President Whalen stated
the Board of Trustees needs as much information as possible from your clients
with details about the bond for the street repairs and the bond for rodent
control as well as the details of the logistics of the traffic in and out of the
village. President Whalen stated that she would like to see all of this
information in writing in the form of a proposal. Attorney Temple stated Mr.
Hayden you talk about a bond; what are we talking about a hundred thousand
dollars, fifty thousand dollars, what kind of a bond is your client willing to
put up to repair the roads and how is that going to be determined. Mr. Hayden
stated that his first thought is to get an engineering estimate as to the cost
to repair/rebuild Maple Avenue from US 251 to the entryway of the warehouse. Mr.
Hayden stated I would say thousands; but not hundreds of thousands; a
substantial amount of money to do meaningful repairs. Attorney Temple stated
while we understand that Consolidated Grain & Barge wanted this to be done
yesterday this has just been brought to the Board’s attention and they need to
know what type of bonds are we talking about; what type of rodent control can
the residents expect; this is information the Board needs to make an informed
decision.

Mr. Hayden stated my client is willing to put up a bond for
rodent control; so that if you feel the problem is not being correctly addressed
you can draw from that bond to take care of the problem. Trustee Rhoads stated
that he would like to see all of this in writing; because until we do you can
stand there and say anything; until this is in writing we can’t hold you to it.
Mr. Hayden stated and we have no problem with that; a use agreement for x amount
of dollars based on this calculation for road repairs and we will put up a bond
for rodent control based on a recommendation from a pest control company.
Trustee Rhoads stated at the end of the day when our residents come to the Board
and start asking why these things are happening we need to be informed; so that
we can alleviate their fears. Mr. Hayden stated that is what I am trying to do
here tonight; this is the first time we have had this conversation so I didn’t
bring anything in writing. Mr. Hayden stated that I am here to tell you that we
are going to be fair; but I don’t have those answers and I don’t have them in
writing.

President Whalen asked Mr. Hayden to put a proposal in writing;
so that Attorney Temple and I can look it over and share it with the Board
before the next meeting. Trustee Stewart stated please clarify in your proposal
your intentions for the use of the building and the logistics of how you intend
to do so. Mr. Hayden stated that would be forth coming. Attorney Temple stated
regardless of the proposal that Consolidated Grain & Barge is making it is
his responsibility to make sure that the Village is in compliance with your its
code and I don’t believe that it is as clear as Mr. Hayden and his client think
it is as to whether this is a permitted use or not. Attorney Temple stated he
would like the authority to have some further discussion with the attorney for
the Gensler family and raise some of the issues that were discussed in executive
session first of all and secondly he would like for the Board to have the
opportunity to become fully educated as to what Consolidated Grain & Barge
are willing to offer; ultimately what this is going to come down to is whether
or not this is a permitted use. Mr. Hayden stated this is a real estate lease
situation; the Gensler’s and the Brun’s are the owner’s they are the ones making
these offers; I do not represent Consolidated Grain & Barge. Mr. Hayden
stated that if a problem should arise do not call Consolidated Grain & Barge
they are the tenant.

Building & Zoning Administrator, Casper Manheim
stated if this gets approved and grain is actually stored in the building
engineered drawings need to be submitted showing the parking lot, the driveway
with turnaround for truck traffic, and stormwater run-off. Building & Zoning
Administrator, Casper Manheim stated last fall he was approached by Tim Bruns
inquiring about additional parking; but nothing was mentioned about a driveway
for semi loading and unloading. Building & Zoning Administrator, Casper
Manheim stated once those drawing have been submitted I will need to consult
with our engineer to see if the plans are acceptable and it could take two to
four weeks to go through the process and get the permitting completed. Mr.
Hayden stated we are aware that there is a process to go through that is why we
want to get started. No further discussion took place; Trustee Rhoads made a
motion to table the decision on Errett Warehousing until the September board
meeting; Trustee Stewart seconded the motion. Vote as follows: McMullin – yes,
Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart –yes.
The motion passed unanimously.

President Whalen stated the next item on
the agenda is the appropriation for fiscal year 2011 – 2012. President Whalen
stated the appropriation for fiscal year 2011 – 2012 is $476,523.00 (four
hundred seventy-six thousand five hundred twenty-three dollars) this is
informational and will be posted for public inspection and laid over for a vote
at the September board meeting.

President Whalen stated that Chief White
already covered the sale of the weapons in his department
update.

President Whalen stated the next agenda item under new business
is the police department. President Whalen called for a motion the increase the
hours in the police department from five hours a week to fifteen hours a week
total and approve the hiring of one additional police officer to be included in
that fifteen hours with Chief White taking ten hours and the new officer taking
the remaining five hours at fifteen dollars ($15) per hour. Trustee Rhoads
stated we are just approving the hiring of one additional officer; not who we
are hiring; right. President Whalen stated right. Trustee Rhoads stated that is
something that needs to be done in executive session. President Whalen stated
actually if Chief White wants to address who he wants to hire he can do that at
this time. Clerk Adams stated actually all discussion surrounding personnel
issues should be done in executive session; then you return to open session and
inform the public of the action that was taken by calling for a motion.
President Whalen called for a motion to increase the hours in the police
department from five to fifteen hours a week and to hire one additional officer.
Clerk Adams stated no, you have to understand that Chief White has the authority
to recommend an officer for hire to the board; you the Board of Trustees does
the hiring; not Chief White; you need to understand that. Trustee Rhoads made a
motion the increase the hours in the police department from five to fifteen
hours per week with Chief White working ten hours and the other officer working
five hours whoever that maybe. Chief White asked for permission to speak. Chief
White asked if he could share the hours with the other officer as needed.
Trustee Salsbury stated as Chief that would be up to you. Trustee Rhoads
withdrew his original motion. Trustee Rhoads made a motion to increase the hours
in the police department from five hours per week to fifteen hours per week
maximum to be used at Chief White’s discretion; Trustee McMullin seconded the
motion. Vote as follows: McMullin – yes, Sparacino – yes, Elliott – yes,
Salsbury – yes, Rhoads – yes and Stewart – no. The motion
carried.

President Whalen stated the next agenda item under new business
is the municipal code update this was approved awhile back at the time the
estimate was approximately $2,000 and the reason it is on the agenda again is
that the estimate has come in at $2,910. Clerk Adams stated please keep in mind
that this is an estimate and this could actually be higher. Trustee Rhoads asked
why there was such a difference. President Whalen stated every time an ordinance
passes the code book has to be updated. Clerk Adams stated this is the fourth
supplement to the Hillcrest Municipal Code of Ordinances; in the past the
Village has waited up to eighteen months before updating the code due to the
costs involved. Clerk Adams stated the last update came in at just under $1,200;
all code updates are done electronically now instead of having the code company
make the copies and ship them to us that keeps our costs down. Clerk Adams
stated we have had a large number of ordinances and some of those have been
quite extensive; especially the floodplain program where we are working with the
Department of Natural Resources. Clerk Adams stated the shear length of three of
those ordinances probably equaled our last entire code update; this price is
based on volume and as the update takes shape the pages will have to be changed
in order to insert the new information at this point in time they estimated they
will have to change 166 pages; but it could actually be more that is a rough
estimate and that estimate is actually double what we expected it to be because
we were actually looking at an increase of just above $1,500. Clerk Adams stated
the work is done; this was actually approved in April of 2010; but we put a hold
on the update because we had some ordinances that we knew we were going to
revamp and we wanted to get them in on this update; that will take us through
the animal ordinance; however it will not include your parking ordinance. Clerk
Adams stated now that we have come to this point this has become quite
expensive; but you have to keep your books updated otherwise the wrong
information is going to be disseminated; so this is over the $1,500 limit so
this requires a full board vote to pay this bill. Trustee Stewart stated we had
better not change it then. Clerk Adams stated as you can see this is expensive;
so if you are going to do something take the time to really think things through
this is costing us a lot of money. Trustee McMullin made a motion to approve the
municipal code update; Trustee Salsbury seconded the motion. Vote as follows:
McMullin – yes, Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and
Stewart – yes. The motion carried.



PUBLIC COMMENT
Teri Gregory
of 208 Roy Avenue stated she was wondering if Regional Ready Mix had to go
through the same procedure that Errett Warehousing is having to go through.
Trustee Elliott stated it took a couple of meetings. Ms. Gregory asked if anyone
from the Board of Trustees had gone down to that area to see how this is going
to affect the residents in that area. Ms. Gregory expressed her opinion and her
concern about living next door to the cement plant and she shared with the Board
of Trustees what that has done to her health and her peace of mind. Ms. Gregory
thanked President Whalen for giving her the opportunity to address the Board of
Trustees.

Steve Dodson 313 Erickson Road stated that he was on the Board
of Trustees at the time Regional Ready Mix went into business and the board was
not given a chance to vote on the subject one way or the other. Mr. Dodson
stated that he was ashamed that the board allowed that business to go into a
residential area in the first place; we were told that business would be
temporary for two to three years. Mr. Dodson stated Regional Ready Mix has been
there going on five years they are in violation of several ordinances and it is
time this board took action.

Helen Gaston 338 Rosalind Road stated that
320 Errett Road has been abandoned the yard is not being maintained and it is
causing a health hazard the Village should go in and maintain these properties.
President Whalen explained the liability issues involved in going onto property
where they have no authority.

There being no further business to transact
a motion to adjourn was made by Trustee Rhoads; Trustee Sparacino seconded the
motion. Vote as follows: McMullin – yes, Sparacino – yes, Elliott – yes,
Salsbury – yes, Rhoads – yes and Stewart – yes. The motion passed unanimously.
The meeting adjourned at 9:32 pm. The next regular monthly meeting will be held
September 14, 2011 at 7:00 p.m. at the Hillcrest Village
Hall.


Respectfully submitted,
Teresa J. Adams,
Village Clerk