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11/03/11: Minutes - November 3, 2001 - Special Meeting
The Hillcrest Village Board of Trustees met in special session Wednesday,
November 3, 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, Randall Salsbury, Rick Rhoads and Vicki Stewart. Trustee
Elliott was absent due to a prior commitment.
President Whalen addressed
the public and stated this meeting is being held specifically to address the two
items on the agenda. President Whalen accepted responsibility for the agenda and
the way it was worded and explained that the items listed under hazardous
materials are not actual definitions; those items were placed on the agenda as
discussion items.
President Whalen stated the green ordinance is listed
as pertaining to all future businesses because the Village is trying not to
repeat past history and to prevent future issues that may arise. President
Whalen stated the first agenda item is open for discussion. President Whalen
asked if anyone had any questions they would like to ask. President Whalen asked
the Board of Trustees if they had any thoughts concerning the agenda
items.
Trustee Stewart stated since the green ordinance is very new to us
and these are just examples of a few of the issues that we are facing this
ordinance should also cover existing businesses that have not been operational
for the last three to five years because some of those businesses are in
residential areas and if they are allowed to just come back in and start up
operations again they will be emitting hazardous materials or chemicals into the
environment this should not be allowed for instance within a thousand feet of a
residence; this is absolutely for the safety of the public. Trustee Stewart
stated these are some of the concerns that I have.
Trustee Rhoads stated
have we determined the number of feet away from a residence. Trustee Salsbury
stated aren’t we re-inventing the wheel here; doesn’t Illinois Environmental
Protection Agency already take care of this for us. Trustee Salsbury stated
haven’t they already determined every possible chemical; doesn’t Illinois
Department of Transportation already have every possible chemical determined
what is and what isn’t. Trustee Salsbury stated obviously we are not chemists or
engineers. President Whalen stated right and they do have that that is why I am
asking everybody to put their heads together and do their research because the
Illinois Environmental Protection Agency may have one. Trustee Salsbury stated
oh, I am sure they do, they probably have had since the 1960’s. President Whalen
stated it is up to us as a Village to adopt this; so it is enforceable.
President Whalen stated the Illinois Environmental Protection Agency can say
what they want and this is what you have to do; but if we as a Village don’t
have anything in place it becomes our responsibility to enforce it and if we
don’t have anything to enforce in our books then we can’t prevent it from coming
in again. President Whalen stated it is up to us to put our heads together and
research it and see what the guidelines are for hazardous cancerous material
whether they are airborne, whether they are in the water or whether it is
seepage just so that we don’t have somebody coming in next door to somebody else
with a potential hazardous issue because then we are liable once we allow that.
President Whalen stated I don’t know if we are liable, I shouldn’t have said
that, I am sorry. President Whalen stated we have to be responsible and we have
to protect the community.
Trustee Rhoads stated I believe in our
ordinance we have something in there about air particulates, noise and vibration
that is already in the book; but it doesn’t say who is responsible to get that
testing done. Trustee Rhoads stated what I would like to see it in our books is
that it is up to the business owner to prove that they are abiding by our
ordinances instead of us having to go out and hire the experts. Trustee Rhoads
stated if the Village were to get x number of complaints from residents it is up
to the business owner to prove that they are not violating our ordinances
instead of the Village having to foot the bill. President Whalen asked if that
is normal. Trustee McMullin stated he didn’t know either. Trustee Rhoads stated
you wanted suggestions tonight; so. President Whalen stated now we got them.
Trustee Rhoads stated if we have someone come in and say they want to
put a forge in; one of the big stamping tools; if everything by the code says
they can do it; but do we really know until we get it tested. Trustee Rhoads
stated what if we have three to five residents say you know what I am sitting
here in my kitchen drinking my coffee and it looks like Jurassic Park; it is
just vibrating the coffee in my cup then we can have them test to make sure they
are in compliance with our ordinances. President Whalen stated okay. Trustee
Rhoads stated or for particulates; we had one resident come in with a bag full
of cement dust or whatever kind of dust that it was just from her house; well if
we get a number of people saying that they are having the same problem we can
have them pay for Illinois Environmental Protection Agency or an expert to come
in and see if they are abiding by our code. Trustee Rhoads stated that is one
thought that I had.
Trustee Rhoads stated what did you mean by waste;
just out of curiosity. President Whalen stated those just came off of the top of
my head. President Whalen stated I know that certain types of waste have to be
stored with whatever the business maybe in a certain manner; just to make sure
that whoever is in here is complying by the safety regulations of this
community.
Trustee Stewart stated and this green ordinance is supposed to
carry this information as to what they are supposed to abide by; is that what we
are looking for to put into this ordinance besides what we have already
mentioned. President Whalen stated I don’t know that is why we are having this
meeting; we have to have something to go by; we have to have something to guide
us and I don’t know if we have to name the materials or if we have to; I don’t
know or if we have to name the causes of; I don’t know.
Trustee Salsbury
stated the quantity, solid, liquid, gas; I am sure the Illinois Environmental
Protection Agency has written novels on this we just need to look into it and
make a decision. President Whalen stated which ones we want to adopt and how we
want to. Trustee Salsbury stated there is Haz Mat. Chief White stated and there
are tons and tons of chemicals that Illinois Department of Transportation has in
hazardous materials book; it is so thick. Trustee Rhoads stated just because
Illinois Environmental Protection Agency says they can have 5,000 gallons of
some hazardous material by law; do we really want it in the middle of a
residential area. Chief White stated I think it should be on a case by case
basis according to whatever you decide. Trustee Rhoads stated I don’t know if
Rochelle still does it; but if you are going to build a large building or even a
garage it used to be that a representative from the police department, the fire
department; utility department and the building department would go out and do a
cite check before any business can even start because they want to make sure;
sitting here looking by law yeah they can do it; but should we allow them to do
it in that area and right now the way we are giving out permits I would like
that to cease until we get this thing figured out. Trustee Rhoads stated any
business that wants to come that has any kind of hazardous waste or anything
like that that may cause a problem bring their proposal to the board stating
this is what we are looking at doing within your village limits that way as a
board we can then say yes we would love to have you here because you have
everything in line or you know what right now we don’t want to have you storing
5,000 gallons of a hazardous waste in the middle of our village or somewhere
close to a residential area; it could be just north of town or just west of
town; the wind blows primarily out of the west and we don’t want something
hazardous floating across our Village. Chief White stated there are standards on
footage as to where these materials can be stored in relationship to a
residential area. Trustee Salsbury stated the Village needs to check with the
Ogle County Health Department as to the County standards. Trustee Rhoads stated
it seems to me that when a building is built we don’t know what is going on.
Trustee Rhoads stated it is not just water pollution and air pollution, there is
noise pollution there are a lot of things that we need to look into before we
can start enforcing these things; so are you looking for input from anyone from
the public.
President Whalen stated yes, I am willing at this point if
anybody has any suggestions or ideas. Trustee Rhoads asked President Whalen if
she wanted input now. President Whalen stated that would be fine. Trustee Rhoads
stated that is up to you. Clerk Adams stated you can also ask the public to
submit something in writing because people may think of things after the meeting
is over. President Whalen stated does anyone have anything they would like to
contribute.
Steve Dodson, 313 Erickson Road, I know any dust can be
harmful; grain dust can be very harmful it can be very explosive; concrete dust
can do you harm it can be very explosive if you do not have the proper
ventilation in the filtering system. Mr. Dodson stated any dust can be very
harmful to anybody especially if you have asthma or any breathing problems
whether it is in children or adults. Mr. Dodson stated so; I would look at how
much dust it is going to put out; whether it has the proper filtering system
that it is supposed to have; if dust is not handled properly it can be very
explosive.
Trustee Rhoads stated I think that is something else that we
need to look into if someone is violating an ordinance is there some way, I hate
to say shut them down; but we have to have some way of making them comply with
the ordinance. Trustee Rhoads stated I hate to shut a business down; but if they
are doing something that is illegal we need to have something in the ordinances
where we can have a way of making them comply or shutting them down until they
do or if fining them enough per day; maybe there should be a schedule in there
like there is with parking tickets and all of that. Trustee Rhoads stated maybe
we need to move a little quicker than to just tell them you are in violation
please correct this and maybe they will just keep going until we can finally put
some teeth in this ordinance.
Trustee Salsbury stated doesn’t Illinois
Environmental Protection Agency stand ready to fight that fight. Trustee Rhoads
stated as in compliance with Illinois Environmental Protection Agency
ordinances. Trustee Salsbury stated right, are you ready to fight that fight.
Trustee Rhoads stated that is why we are going back to. Trustee Salsbury stated
it doesn’t matter what it is; it will be a fight; that is what this is going to
come down to. Trustee Salsbury stated sometimes these things come down to a
deadlock; it is an insurance thing too, these things are underwritten by
insurance companies for hazardous and biohazardous stuff like this they have
insurance carriers that will shut them down just as quick as the Village would.
Trustee Rhoads stated having them test to make sure that they are in compliance;
how about that. Trustee Salsbury stated the State Health Inspector will come and
do that, too. President Whalen stated do they; how often do they come in.
Trustee Salsbury stated the State comes in and inspects a lot of things. Clerk
Adams stated you might want to consider consulting with your engineer. Trustee
Stewart stated I don’t think they automatically come in do they. Trustee
Salsbury stated the State Health Inspector can come in whenever they want.
Trustee Stewart stated you have to have people complain before they are going to
come in and check anything.
Tim Hayden addressed the Board of Trustees
and stated that he came before the board approximately three or four months ago
when we talked about using the old Carmichael warehouse for grain storage and I
don’t know if that is what prompted this discussion; but that is why we came
because loose grain was listed. Mr. Hayden stated we at the time were working
with a customer that wanted to store wheat inside of the building one hundred
percent contained inside the building; but that died and we are open to the idea
of them or someone else coming back; so if there is an ordinance that is going
to be passed we would like to discuss it. Mr. Hayden stated at the time we were
going to provide some information; we didn’t do that because we didn’t want to
take your time or incur expenses if we didn’t think that was going to happen;
but if this is an active and on-going discussion we would like to be a part of
that. Mr. Hayden stated in the mean time we talked to an industrial company
looking for storage space; so we are focusing on that more whether it be an
agricultural related storage product or a more traditional industrial user the
owners are going to be good neighbors. Mr. Hayden stated with that being said I
am only speaking about our property; I don’t know the dynamics of other
situations in town; but I think it is important for the Village to recognize the
right of both property owners whether it be a house or whether it be an
industrial building because when a purchaser makes a decision to purchase a
building and it is zoned industrial; what is on the record is your code and
those approved uses and in small towns that have grown over time there are
transitional areas. Mr. Hayden stated in Naperville you very likely will have
industrial here and three blocks of high density residential then you get to the
lower density residential; but when you don’t have the diversity of those
products you don’t have those step downs in density and sometimes that makes it
hard with that said if you can’t use a building for what it is worth or if you
go so far as to call loose grain hazardous; you have to be able to use your
property for what is zoned correctly as otherwise there could be some problems
there. Mr. Hayden stated we want to be good neighbors; we want to use that
building and we want to do it in an open way that can be as comfortable as
possible with that being said Hillcrest’s industrial area north of Casey’s that
stuff was there and then some of those residents were built knowing that to get
a lot of those homes you have to drive past a lot of those uses; so from the
first time people have looked at some of those houses that building has been
there. Mr. Hayden stated I think it is important that you recognize that those
two uses are next to each other and you already have some avenues at your
disposal because all ordinances are only as good as they are enforced; this is
no different than State laws. Mr. Hayden stated it is no different than the
rules at your own house if you let your kids stay up past their bedtime it’s on
you. Mr. Hayden stated I would be happy to answer any questions and continue to
have dialog about the property even though we don’t actively have anything
going; we would like to be involved if there is an ordinance being
considered.
Clerk Adams stated excuse me I have a question at the last
board meeting we had some residents that expressed their concern about the
activity going on there at the building at this current time could you please
explain what is going on. Mr. Hayden stated the building is being cleaned; so
that it is more presentable for real estate showings.
Trustee Stewart
stated I think too that a lot of this is within a certain distance from a
residential area which in your case is pretty much far enough away from the
residential areas we are talking about a maximum of about a thousand feet; it
has to do with a lot of here is one; here is one; they are everywhere and trying
to get them into one area; so that they are not stuck right smack dab next to
neighbor right up against you as being residential and the hazards that may come
from that. Mr. Hayden stated with all due respect I think there are a lot of
houses within a thousand feet of that building a thousand feet is a quarter mile
I don’t think all of Hillcrest is more than two thousand feet long. Trustee
Stewart stated we have a lot of different numbers I was just throwing that out
there. Mr. Hayden stated you are right; but without being too much on the soap
box I think that it is important for everyone to keep in mind that there is a
level of acceptability and like I think you mentioned you don’t want things that
are in that zoning class; however both people have to accept that they are
neighbors. Mr. Hayden stated I would use the example of the black top plant that
lays quiet; but you take the risk that that thing could be used I don’t know the
details of that I as just using that as an example. Mr. Hayden stated even under
the best circumstances I think it is tough when those uses are put together
because it is a relatively small community that is just a fact of life. Mr.
Hayden stated are there any other questions.
Teri Gregory, 208 Roy
Avenue, okay you are talking about a new ordinance or what about something that
is already existing and it didn’t go before the board it was just put in because
someone allowed it and they got some permits. Ms. Gregory stated how do we know
if they have all of the proper permits; they only have certain permits from the
Village; what about the Environmental Protection Agency; I have talked with the
Environmental Protection Agency and the Illinois Environmental Protection
Agency. Ms. Gregory stated I was there first and they do know that and it may be
zoned light industrial; but that is heavy commercial you all know what I am
talking about and they are too close to my home it is probably within a hundred
and twenty feet. Ms. Gregory stated I think that if I come up with some
information and give it to you folks; would you read it; would that help. Ms.
Gregory stated do you understand what I am going through.
Trustee Stewart
stated I think pretty much everybody does understand and this is trying to help
businesses as well as the residents to be able to co-exists in some type of
manner; but the other people need to be equally responsible for anything that
they are going to emit to either take complaints about it or else be a work in
progress and be operating on a positive side as to eliminate those issues as
best as possible. Ms. Gregory stated five years ago we were told it was
temporary; we were quiet for two years now for three years we have been trying
to get in front of you folks; so I think now is the time to reevaluate what
happened five years ago and not only say we don’t want to let this happen again;
how can we fix this. Ms. Gregory stated we didn’t get that opportunity five
years ago; but now it is time. President Whalen stated nothing else on the
ordinance; okay police department.
Chief White stated he would like to
discuss a vehicle seizure procedure ordinance; the ordinance would just coattail
the ordinance that the County, Rochelle and Byron have; they have all adopted
this ordinance. Chief White stated this ordinance will not apply to vehicles
that are left on the side of the road; it applies to traffic stops where the
offender is arrested for driving while license is suspended, driving while
license is revoked, for a DUI, for any type of drugs, anything that has to do
with the substance act anything where their vehicle would be towed away. Chief
White stated what this ordinance does is allow the Village to seize a vehicle;
once a vehicle is seized then the owner of the vehicle has the responsibility to
the Village to pay the fine. Chief White stated Rochelle has varies amounts of
money; the County is different than them and the same with Byron they are
different, too. Chief White stated I would just like to discuss at some point
with you what the proper amount of money should be; I think something fair;
however not too fair because these people that are being stopped in these
vehicles that are being seized are being seized for a reason. Chief White stated
what would occur after the vehicle is stopped they would be informed that their
vehicle is being seized by the Village and once that happens they would be given
the paperwork, advised that they need to come in and pay their fine in order to
get their vehicle. Chief White stated once they pay their fine through the
Village; then they would have to go and pay the tow company; once they pay the
Village then they can go get their car from the tow company.
Chief White
stated there will be strict procedures that will be followed; there will be
procedures that will be followed once they come in here and pay for their car.
Chief White stated the car would not be released to just anyone it would have to
be the registered owner or someone related to the registered owner that can
prove that relationship; once that occurs they can get their car. Chief White
stated people whose license have expired less than six months there will be no
seizure; people whose license have expired more than six months will have their
car seized. Chief White stated this not only teaches the offender; but once
people start realizing that this is happening not only in the County; but
throughout the State of Illinois a lot of people will think twice before they
drink and drive. Chief White stated he shared all of this with the Village
Attorney, I gave him all of the paperwork that I need he is looking at it and I
hope to have something to present to you at the next meeting. Chief White stated
there will be a lengthy ordinance that we will have to go through. Trustee
Stewart stated and enforceable. Chief White stated yes.
Trustee Rhoads
stated what do we do right now if you pull someone over and they are over the
legal limit. Chief White stated we have the car towed and put a twelve hour hold
on it. Chief White stated I think this ordinance is a great way to get
compliance and Attorney Temple and I will meet later and discuss this at length.
Trustee Sparacino stated is the towing company responsible for storage and for
collecting their own fees. Chief White stated the towing company would be
responsible for collecting their own fees; they can’t go to the tow company
first they have to come here. Trustee Sparacino stated so; are we going to give
them something to showing that they paid to take to the tow company. Chief White
stated yes, I would give them two receipts; one would be on our letterhead and
the other would be a cash receipt for the money. Chief White stated right now I
am doing that for the County; I am the one that is actually interacting with the
people and following all of the procedures. Trustee Sparacino stated will the
Village have to have some type of a contract with a towing company or do we just
go down the list in the phone book. Chief White stated I would go down the list
on a rotating basis. Trustee Rhoads stated so you could actually be calling
someone from Polo to come over and tow a car. Chief White stated absolutely.
Trustee Rhoads stated I can see that with the County; is there any way we can
get that more localized. Chief White stated yes and most of the people around
here are going to be local and I don’t have time to wait a half hour for someone
to get here to tow a car; so this could be within a ten mile radius on a
rotating basis. Trustee Rhoads stated can this rotation be used for compliance
with the snow ordinance. Chief White stated absolutely. Trustee Rhoads stated I
like that. President Whalen stated does anyone else have any comments; okay then
we are good.
There being no further business to transact a motion to
adjourn was made by Trustee Rhoads; Trustee Stewart seconded the motion. Vote as
follows: McMullin – yes, Sparacino – yes, Salsbury – yes, Rhoads – yes and
Stewart - yes. The motion passed unanimously. The meeting adjourned at 7:42 pm.
The next regular monthly meeting will be held December 14, 2011 at 7:00 p.m. at
the Hillcrest Village Hall.
Respectfully submitted,
Teresa J.
Adams,
Village Clerk
Posted: 11/3/2011 |
Updated: 11/3/2011