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09/14/11: Minutes - September 14, 2011 - Regular Monthly Meeting
The Hillcrest Village Board of Trustees met in regular monthly session
Wednesday, September 14, 2011 at the Hillcrest Village Hall. President Kim
Whalen called the meeting to order at 7:01 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 August 10, 2011 regular monthly meeting. The minutes
of the August 10, 2011 regular monthly meeting were approved upon a motion made
by Trustee Elliott; 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.
Treasurer, Penelope Payton
gave the treasurer’s report as of August 31, 2011 the general fund had a balance
of $118,927.92, motor fuel tax fund had a balance of $165,288.98 and the water
fund balance was incorrect. Treasurer, Penelope Payton apologized to the Board
of Trustees and stated that she would have the correct balance for the October
board meeting.
President Whalen called for a motion to approve the claim
sheet. A motion to approve the bills as submitted for August 2011 was made by
Trustee Sparacino; 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 the code update should be
finished the middle of next month and is still estimated to cost
$2,910.
FINANCE: Trustee Sparacino reported there is no new business to
report.
WATER: Trustee Elliott reported there is no new business to
report.
HEALTH & WELFARE: Trustee Salsbury reported there is no new
business to report.
STREETS: Trustee Rhoads reported that maintenance
supervisor, Robert Villatoro continues to the patch pot holes in the streets and
in the parking lot. Trustee Rhoads stated that he had received a letter from
Ogle County Engineer, Curtis Cook concerning the new street sign upgrade that
will go into effect January 1, 2012. Trustee Rhoads stated that Ogle County is
listed in the top fifteen to receive grant money; all municipalities in Ogle
County are pooling together to submit as one grant and Hillcrest is eligible to
receive up to $10,000. Trustee Rhoads stated if the Village receives this money
and there is money left after the Village upgrades all of its signs the money
can be used to upgrade the sign post. Trustee Rhoads stated that he will be
calling Mr. Cook tomorrow to make sure all of the paperwork has been finalized.
BUILDINGS & GROUNDS: Trustee Stewart reported maintenance supervisor,
Robert Villatoro has been working on repairing the front of the building; it
seems there was a leak that caused some of the wood to warp. Trustee Stewart
stated that the leak has been repaired the building is being painted and the
lettering on the front of the building will be painted a dark chocolate brown
instead of black.
POLICE DEPARTMENT: Chief Danny White reported in the
month of August the police department had eleven calls for service; seventeen
traffic stops in total nine traffic arrests; two written warnings; six verbal
warnings and one warrant arrest.
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: Kim Stahl, republican candidate for Ogle County Circuit Clerk
addressed the Board of Trustees and gave a small presentation listing her
qualifications for the position and asked for their support in the March 20,
2012 primary.
OLD BUSINESS
President Whalen stated the first item
under old business is the parking ordinance. After a brief discussion President
Whalen called for motion to exclude (c) from ordinance 060910 Chapter 70,
Traffic and Vehicle Article II: Stopping, Standing and Parking in the Hillcrest
Code of Ordinances. Trustee Rhoads made a motion to exclude (c) from ordinance
060910 Chapter 70, Traffic and Vehicle Article II: Stopping, Standing and
Parking in the Hillcrest Code of Ordinances; Trustee Elliott seconded the
motion. Vote as follows: McMullin – yes, Sparacino – yes, Elliott – yes,
Salsbury – no, Rhoads – yes and Stewart – yes. The motion passed
unanimously.
President Whalen stated the next item under old business is
Auto Hub. Brad Dyer addressed the Board of Trustees and passed out a proposal.
Mr. Dyer walked through his proposal point by point and stated based on last
year’s sales the Village collected roughly $6,781; which averages out to be $565
per month. Mr. Dyer stated that he is proposing five year sales tax abatement:
the first two years Auto Hub would receive one hundred percent of anything over
the first $565; the third year Auto Hub would receive seventy-five percent of
anything over the first $565; the fourth year Auto Hub would receive fifty
percent of anything over the first $565; the fifth year Auto Hub would receive
twenty-five percent of anything over the first $565. Mr. Dryer stated Auto Hub
needs your help and in return the Village would enjoy increased sales tax
revenue for years to come.
Trustee Rhoads stated the last proposal that
you presented was a fifty percent reduction in sales tax revenue for the next
seven years, correct. Mr. Dyer stated yes; however I would be receptive to five
years. Mr. Dyer stated that what you as a board needs to put into perspective is
as my business grows so will the Village; so there are benefits to both sides.
Mr. Dyer stated I know there is some concern about losing out on some revenue;
however if I grow like I hope to so will the Village. Trustee Rhoads stated that
corner looks better than it has in years. Trustee Rhoads stated I had a chance
to stop in I love what you are doing there, I love your enthusiasm and the fact
that you are investing in our Village, I would like to see twelve of your
friends do the same. Trustee Rhoads stated I thought about this from last month;
what if about Casey’s put in eight more pumps are we going to help them too; my
answer to that is if they are going to bring in that much more business why
wouldn’t we want to help them out. Trustee Rhoads stated every city around here
offers tax breaks as an incentive to grow.
Trustee Stewart stated that is
not just based on sales tax dollars alone it is also based on employment; how
many employees are they going to hire to help the Village grow. Mr. Dyer stated
that he has committed to hiring two new employees. Trustee Stewart stated how
many employees did you have prior to that. Mr. Dyer stated two; now I have four
employees including myself. Trustee Stewart asked and are these new hires from
the Village. Mr. Dyer stated absolutely. Mr. Dyer stated we are also looking to
do some accessories to be more of a full-line dealership. Trustee Stewart stated
that there are no guarantees that Mr. Dyer’s business will grow and there are a
few other business out there. Trustee Salsbury stated then I should be entitled
to a tax abatement; I have a small business in this community, too. Trustee
Rhoads stated if I come into the village and drop $750,000 on a building and
double my workforce hopefully my sales would increase; therefore increasing the
number of people coming into the community to look at cars and possibly spending
money at Casey’s. Trustee Rhoads stated the more people that come out here the
better our chance of growing. Mr. Dyer stated it all becomes a domino effect;
perhaps they will go into Meyer’s to look at furniture and purchase
gas.
Attorney Temple stated as a Board you need to be prepared that if
this is permitted any other business in this municipality if they come to you
and ask for the same thing; my advice to you is you would have to grant them the
same thing. Trustee McMullin stated the Village has done it before; haven’t we.
Attorney Temple stated every business that comes to you the Village will have to
offer them the same incentive. Trustee Stewart stated Mr. Dyer already received
a one year sales tax abatement. Clerk Adams stated actually it was for two
years. Attorney Temple stated I am not talking about a new business coming in
because Mr. Dyer is an existing business; any existing business that is already
here can come and ask you for the same plan and my advice to you legally is you
would have to give them the same offer because if you end up in court you are
going to have some major problems.
Trustee Elliott stated this might be
different from other people because Mr. Dyer was renting; now he is the owner of
the property that could make a difference. Attorney Temple stated the bottom
line is that any business that comes in and requests a similar plan the Village
will have a very difficult time saying no to them and I just want you to
understand that. Trustee Stewart stated it didn’t make any difference when Auto
Hub came in the first time and the Village gave him a break for two years.
Trustee Elliott stated Mr. Dyer was renting then; now he is an owner. Trustee
Stewart stated so what; now we give him five. Trustee Elliott stated before the
Village gave him one hundred percent back. Clerk Adams stated I was not here
than; so I can’t speak to that. Mr. Dyer stated it was fifty-fifty; I have done
some research on the subject and other businesses received a greater length of
time. Mr. Dyer stated I was thrilled with the tax abatement that I received in
the past; McClain Auto Mall was the first dealership and he received ten years
and Gilbert received seven years. Clerk Adams stated no; that is not true I
researched the records and there are four businesses that received sales tax
abatements; McClain Auto Mall received ten and all of the other businesses
received two years. Clerk Adams stated I researched this because I figured that
this would be an issue. Trustee Stewart stated I still think this should be a
one-time thing.
Attorney Temple stated there are a lot of different
variables; once again keep in mind that the businesses that you have mentioned
here; I presume that they were businesses that you were trying to bring into the
municipality; they were new businesses that’s what a tax break is typically for;
you don’t hear of giving tax breaks to exists businesses. Attorney Temple stated
I have not heard of it; I am not saying that it doesn’t occur and I am not
saying that you can’t do it. Attorney Temple stated if you do it; you are going
to have to give it to everybody; everybody that walks in the door and wants to
get on the agenda you are going to have to do it. Trustee Rhoads stated if they
are going to expand their business to that size; then I don’t have a problem
doing that. Attorney Temple stated I don’t think a business would have to
expand. Trustee Rhoads stated when someone would come in and say I want the same
break as Auto Hub; we say well they put three-quarters of a million dollars into
our community are you going to do the same thing to get the same break. Trustee
Rhoads stated if they say no; then we say sorry that is why we gave Auto Hub
that tax break. Attorney Temple stated you didn’t give him a break to lure him
in; he already did that it is already done. Attorney Temple stated the bottom
line is any existing business whether they expand or not I think you are going
to have to give them the same plan and I am not saying that should not make you
deny this; I am just saying that you have to be prepared for the consequences
and as long as you are okay with that I don’t see any problem with this.
Attorney Temple stated I just don’t think that you are going to have the ability
to tell anyone else no.
Trustee Elliott stated if we keep this one thing
standard then we will average the same amount of sales tax as we did last year.
Attorney Temple stated if other businesses would ask for a similar plan than;
you would have to say yes. Trustee Salsbury stated I don’t think the Village is
financially able to accept this plan; the Village is not in good shape. Clerk
Adams stated as your collector; as the individual who see what is coming in I
have to agree with you the Village is not in a position to do this. Mr. Dyer
stated I am not asking you to take money out of your pockets, I am asking you to
grow with me. Trustee Stewart stated it is not us as Trustees; it is the whole
community. Trustee Salsbury stated we are speaking for the entire taxing body.
Mr. Dyer stated I gave you numbers based on my recent sales; what are you
receptive to. Mr. Dyer stated I see things from your perspective; but there is a
reason DeKalb and Sycamore are growing. Mr. Dyer stated the reason DeKalb pulled
in Nestle and Target distribution centers because they gave them tax breaks.
Trustee Salsbury stated a lot of those companies when their tax breaks cap out
they move on to another community. Mr. Dyer stated look what they brought to the
community. Trustee Salsbury stated it doesn’t always work that way those
businesses take all they can from the community; those businesses lease those
buildings; they don’t own them they just walk away. Mr. Dyer stated they pay
real estate taxes. Trustee Stewart stated what Trustee Salsbury is saying is
that those businesses leave the community once they have drained. Trustee
Elliott stated okay; but the building is still left behind and the property
taxes are still have to be paid. Trustee Stewart stated but if no one has the
building then they are not being paid. Trustee Elliott stated someone owns the
building and it’s their responsibility to pay the taxes.
Trustee Stewart
stated she still doesn’t feel comfortable giving any kind of money, revenue when
the Village is in such a financial bind and we can’t even do remotely what we
need to do for the residents of this Village. Trustee Elliott stated well here
is another thing. Trustee Stewart stated that is not going to change it and you
are not going to change my mind either. Trustee Salsbury stated we are actually
getting from the State half of what we were getting before. Trustee Elliott
stated we are going to stay even with what we were getting from the State
before. Trustee Salsbury stated maybe. Trustee Stewart stated you don’t know
that. Trustee Elliott stated well Mr. Dyer said the Village would get what we
were getting before the first $565; which is what we averaged last year. Mr.
Dyer stated otherwise I get zero; if I don’t exceed that I get zero. Trustee
Elliott stated what I am saying is that Mr. Dyer could just pack up and leave
and we get no money then. Trustee Elliott stated I guess this is a gamble; but
we are guaranteed some money. Trustee Stewart stated so he sells the building
and somebody else moves in. Trustee Salsbury stated how long has that building
been sitting empty. Trustee Stewart stated that building has been empty for a
long time and as you say somebody owned it and the Village still got tax dollars
off of it. Trustee Elliott stated but the Village didn’t get any sales tax
dollars off of it.
Attorney Temple stated what reason would you give a
break at this point. Attorney Temple stated it’s not because he is promising to
come into the Village and hire more employees; he has already done all of that;
I can’t imagine any reason legally any reason why; if I am in front of a judge
and the judge says well why did you give him a tax break and not this other
business. Attorney Temple stated the Village isn’t getting anything out of this;
that is what a tax break is typically for. Attorney Temple stated he is already
here; he has already hired; he has already put that $750,000 into the business.
Mr. Dyer stated actually I don’t I have two more employees that I am looking to
hire if things come together; but Rich I have to agree with you I would love to
put full-service and accessories and so forth and add one, two or three techs
from the community and grow. Mr. Dyer stated there is nobody saying that I can’t
lease the thing and move to Rockford or DeKalb where there is more traffic
count; there are gambles every day in life; there are no guarantees. Mr. Dyer
stated what I am saying is that the first $565 would be the Village’s; if I
don’t sell anything you get zero; but guess what if it is below the $565 I get
zero; so it is only my incentive to sell more; create more business and more
jobs that is what we are looking at here. Trustee Salsbury stated well I would
like to make a proposal here that we deny The Auto Hub a tax incentive for the
proposal they made; seconded by Trustee Stewart. Vote as follows: McMullin – no,
Sparacino – yes, Elliott – no, Salsbury – yes, Rhoads – no, Stewart – no. Clerk
Adams stated think about what you just said. Trustee Stewart stated yes, I am
sorry, I just realized; yes that we deny it. The vote was tied. President Whalen
stated no.
Jeff Leon asked Mr. Dyer to go over the numbers again. Mr.
Dyer stated the first two years Auto Hub would receive one hundred percent of
anything over the first $565; the third year Auto Hub would receive seventy-five
percent of anything over the first $565; the fourth year Auto Hub would receive
fifty percent of anything over the first $565; the fifth year Auto Hub would
receive twenty-five percent of anything over the first $565. Mr. Dyer stated I
look to grow with the community; you have made a great choice; those of you who
voted for me and I appreciate it. President Whalen thanked Mr. Dyer for his
presentation. Mr. Dyer thanked President Whalen and the Board of Trustees for
their time.
President Whalen stated the next item on the agenda is Errett
Warehousing. President Whalen asked if there was a representative for the
business; no representative was present. Trustee Rhoads asked Building &
Zoning Administrator, Casper Manheim if he had heard anything from Errett
Warehousing and he responded that he had not heard or seen anyone since the last
meeting. Attorney Temple stated that he had sent a letter to their attorney on
August 22, 2011 and he went into great detail to explain what the Village was
contemplating at this point I have not received a response back; a fax was sent
this Monday to Mr. Smith their attorney asking if they had a response to the
correspondence that was sent to them on the 22nd letting them know that the
board was awaiting their response and I did not receive a response. Trustee
Rhoads made a motion to table Errett Warehousing until we hear from them;
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 stated the next item on the agenda
is the police department; at this time I would like a motion to table this item
until next month. Trustee Elliott made a motion to table the police department
until next month’s meeting; 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 the next agenda item is the municipal code update. Clerk Adams stated
that Trustee McMullin covered that agenda item under his department
update.
NEW BUSINESS
President Whalen stated the first item under new
business is the supplemental appropriation for fiscal year 2010 – 2011.
President Whalen asked Treasurer, Penelope Payton to explain the supplemental
appropriation. Treasurer, Penelope Payton stated basically the law allows you to
spend ten percent over what was originally appropriated; at the end of the
fiscal year it is the treasurer’s job to go through and see where you have
overspent and to reappropriate; say you have a line item that did not use all of
its appropriation you can put that to another line item that has gone over what
was appropriated. Treasurer, Penelope Payton stated so after I redistributed all
of that the water department did not need any supplemental; the motor fuel tax
did not need any supplemental and the general fund needed supplemental of $28,
544. Treasurer, Penelope Payton stated this supplemental appropriation in
essence okays the fact that the Village had to spend that money. President
Whalen asked for a motion to approve the supplemental appropriation for fiscal
year 2010 – 2011. Trustee Rhoads made a motion to approve the supplemental
appropriation for fiscal year 2010 – 2011; 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 stated the next item under new business is the appropriation for fiscal
year 2011 – 2012. Trustee McMullin made a motion to approve the appropriation
for fiscal year 2011 – 2012; 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 appropriation for
fiscal year 2011 – 2012 is in the amount of four hundred seventy-six one hundred
twenty-three dollars ($476,123).
PUBLIC COMMENT
Jim Mecklenburg, 313
Hillcrest Avenue addressed the Board of Trustees and stated nothing personal
against the Auto Hub I am just asking the board what are you doing with our
money. Mr. Mecklenburg stated you haven’t got enough cash on hand to meet the
meager needs of the community as one trustee said earlier; but you are giving
tax money away in an abatement; the man has already bought the property; he is
already remodeling the building; he is going to go through with his business
because if he sells he will have to pay five to six times as much money up in
Rockford to move there. Mr. Mecklenburg stated to get an abatement up there is
going to take him a lot longer; the time to talk about tax abatements is when
someone is in the planning stage; not after they have already bought their
building. Mr. Mecklenburg stated sales tax revenue is one of your main sources
of revenue in this Village and you are giving it away. Trustee Salsbury stated
it should be used like bait. Mr. Mecklenburg stated if his projections are
correct and everything he won’t have to worry about tax abatements; he will be
walking home with a fat wallet. Mr. Mecklenburg stated and the city and you will
be dealing with less money; we already have a problem that in this Village; B
& W has a big expense if we are giving money away in tax abatements why
shouldn’t B & W come up here and say listen I want more; you are giving
money to someone else I want this bill paid. Mr. Mecklenburg stated giving Auto
Hub the tax abatement; if Best decides they can double their business by
building another building the same size are you going to trust those projections
and give them a deal too; what about the bowling alley if they decide to add on
another twelve lanes because they think their business is going to go sky high
are you going to give them a tax abatement, too. Mr. Mecklenburg stated that is
crystal ball gazing; you need to think about these revenues; after all it is the
taxpayer’s money; not just your money; it is my money and everybody else’s
money, too. Mr. Mecklenburg thanked the Board of Trustees for their
time.
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 Rhoads 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: 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 7:50 p.m.
President Whalen called for a
motion to return to open session. Trustee Rhoads made a motion to return to open
session; Trustee Salsbury 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
8:27 p.m.
Trustee Rhoads made a motion to approve the executive session
minutes for the August 10, 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 asked for a motion to reopen the
vote for Auto Hub for clarification of what that vote actually determined; okay.
President Whalen stated Randy you asked; you start. Clerk Adams stated you
actually have to make the motion, have a second and vote before you start the
discussion. Trustee McMullin made a motion to reopen the vote for The Auto Hub.
Trustee Stewart stated wasn’t it because somebody asked a question. Clerk Adams
stated where was the second; who seconded that. Trustee Elliott stated nobody
did. Clerk Adams stated I didn’t think so. Trustee Elliott stated I second the
motion. Clerk Adams stated thank you. Trustee Stewart stated I was adding to the
motion. Clerk Adams stated okay its open; so now you can discuss it. President
Whalen stated your initial motion that you made was. Trustee Salsbury stated I
made a motion to reject the proposal that The Auto Hub made. President Whalen
stated so then the vote stood; it was not rejected, and it was not rejected.
President Whalen stated there seems to be some misunderstanding or some; the no
vote. Trustee Rhoads stated a question arose on the way between here and closed
session. President Whalen stated the no vote does not; I am asking for
clarification from everybody if they understood how they voted because I was not
voting yes for this proposal I by voting no did not mean that this existing
proposal passed. President Whalen stated it just the vote was rejected; it does
not mean that this one in fact passed. Trustee Rhoads stated the motion was
defeated. Trustee Elliott stated the motion was not to accept this; so we didn’t
accept anything. Trustee Rhoads stated right. President Whalen stated but there
was no vote to accept this one. Attorney Temple stated I’ll ask the question
Rich; by the four people that voted no to that motion does that essentially
approve it and that is what you as a board needs to clarify; if not you need to
make a motion to approve it than; just for clarification just so everyone
understands. Trustee Elliott stated we turned down his disapproval of it
whatever; however we never accepted an approval. Attorney Temple stated you
could make the argument that it did; but you could also make the argument that
no, it did not. Trustee Stewart stated so; what do we want to revote on it; on
this proposal. Trustee Elliott stated so everyone knows how they voted and we
are trying to clarify, correct. President Whalen stated by accepting; by
turning; this is all backwards for me, sorry. President Whalen stated by voting
to reject it it does not mean that these are the terms that are accepted; I
guess that is what I am trying to say. Attorney Temple stated I think the best
way to clarify it is to add that one motion rather than to discuss this did
someone make a motion as to; either make a motion to pass it or you can leave it
be; but I think it leaves; its subject to interpretation; I’ll put it that way
at this point. Attorney Temple stated if you had a motion to actually approve it
then that would clarify things; you’re going to agree to give him this whatever
you want to call it.
Trustee Stewart asked Clerk Adams to read Trustee
Salsbury motion. Clerk Adams stated okay Trustee Salsbury made a motion to deny
the proposal submitted by Auto Hub; it was seconded by Trustee Stewart; Trustee
McMullin voted no; Trustee Sparacino voted yes; Trustee Elliott voted no;
Trustee Salsbury voted yes; Trustee Rhoads voted no and Trustee Stewart voted
yes. Clerk Adams stated you have a tie; three say yes, three say no; President
Whalen broke the tie and said no. Trustee Elliott stated that means we turned
down the rejection of the proposal. Clerk Adams stated you ask him (Attorney
Temple) that question. Trustee Elliott stated is that what that means; we turned
down his motion that is all we did. Clerk Adams stated you turned down the
proposal. Attorney Temple stated yes. Trustee Elliott stated but then we never
approved it. Attorney Temple stated yes; but could the argument be made; I will
tell you this I have already had a couple of question posed to me between going
from here to the back room that people believe that you approved it. Mr.
Mecklenburg stated I did. Attorney Temple stated I have had a couple of people
believe that; so could it be interpreted that by those four people saying no and
not denying it you essentially approved it then and I think that argument can be
made; so if you want to clarify my suggestion would be to. Trustee Salsbury
stated back out of it. Attorney Temple stated no; you simply grant a motion to
him for a five year tax plan. President Whalen stated what he is asking for.
Attorney Temple stated that would probably be the better way to address it; to
clarify it; so that there is no question at all. Trustee Salsbury stated what if
the outcome is different. Trustee Rhoads stated you can still deny it. Attorney
Temple stated the outcome is not necessarily different. Trustee Salsbury stated
it could be. Trustee Rhoads stated if we deny his request he can come back next
month with a different request. Attorney Temple stated I understand what you are
saying; but there is a circular argument there I can actually sit there and say
that the two votes were; you could say that just because those four people voted
to deny; now see I am getting it messed up. President Whalen stated this is
backwards. Attorney Temple stated to deny the approval for this is, is it
essentially granting it to him and in speaking with a couple of board members I
think there is some confusion and maybe that wasn’t the intent so. Trustee
Salsbury stated I think they knew my intent. Clerk Adams stated depending upon
how a motion is made a when you vote yes sometimes it means no and sometimes
when you say no it means yes; it depends on how the motion is phrased; so when
these other people voted no a lot of people assumed that Mr. Dyer got what he
wanted. Attorney Temple stated he did; he thanked you guys; he even said you
made the right decision and he walked away thinking that he got it. Clerk Adams
stated I heard him say that and a lot of people got that opinion; but now is
where you need to clarify it and you really, really, really need to think about
your motions and you have to think about your vote and if you are not sure
before you say yes or no ask your attorney for clarification; not your clerk.
Attorney Temple stated my suggestion is that a motion be made to grant him the
five year tax plan and how specific you want to get is up to you. Clerk Adams
stated that would make it clear as to what you are or are not doing; because now
he is already celebrating; so now you have a potential problem.
President
Whalen stated okay, based on this I would like to ask for a motion based on this
proposal from Brad Dyer; this proposal; I would like to ask for a motion to vote
on it. Clerk Adams stated you’re voting strictly on the proposal, correct.
President Whalen stated yes. Trustee Salsbury stated then I make the same
proposal. Clerk Adams stated no, you won’t. President Whalen stated I ask for a
motion on this proposal. Trustee McMullin made a motion to vote for the Auto Hub
proposal; Trustee Rhoads seconded the motion. Attorney Temple stated is that
clear enough for everybody; everyone understands what the proposal is. Trustee
Stewart stated I understand; but. President Whalen stated to vote to approve.
Trustee McMullin stated yes. Attorney Temple stated to grant him; maybe the
better language is to make a motion to grant Auto Hub a five year tax plan that
allows for and again how detailed you want to get from there; but as to grant
him that proposal that he brought. Clerk Adams stated I would say proposal as
submitted and please make sure that I get one of those. Trustee McMullin stated
I make a motion to vote on the proposal for The Auto Hub that was presented to
us. Clerk Adams stated you want to make a motion to approve. Trustee McMullin
stated to approve, yes. Trustee Rhoads stated I will second that motion. Clerk
Adams stated okay does everyone have your answers. Vote as follows: McMullin –
yes, Sparacino – no, Elliott – yes, Salsbury – no, Rhoads – yes, and Stewart –
no. Clerk Adams stated Whalen – no. Clerk Adams stated okay now would you
(Attorney Temple) like to explain to them what just happened. Attorney Temple
stated well they just agreed not to give Auto Hub the proposed tax rebate for
the next five years. President Whalen stated this one here that he proposed.
Trustee Stewart stated yes. Clerk Adams stated Kim after stuff like this happens
you should be saying either motion carried or motion denied; so this motion was
denied. President Whalen stated right.
There being no further business to
transact a motion to adjourn was made by Trustee Salsbury; 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 8:39 pm. The next regular monthly meeting
will be held October 12, 2011 at 7:00 p.m. at the Hillcrest Village
Hall.
Respectfully submitted,
Teresa J. Adams,
Village Clerk
Posted: 9/14/2011 |
Updated: 9/14/2011