05/12/10: Minutes - May 12, 2010 - Regular Monthly Meeting
Category: Agenda and Minutes
VILLAGE OF HILLCREST
MONTHLY MEETING
MAY 12, 2010
7:00 P.M.
The Hillcrest Village Board of Trustees met in regular monthly session Wednesday, May 12, 2010 at the Hillcrest Village Hall. Trustee Mecklenburg stated that even though all of the Trustees were not present the meeting could continue because a quorum was present. Trustee Mecklenburg stated the first order of business was to appoint a President Pro Tem. Attorney Temple stated that he would like to address the issue and stated that it is his understanding that President Hicks may be unavailable for some time considering his current employment and instead of appointing a President Pro Tem at the beginning of every meeting the Illinois Municipal Code allows for the appointment of a President Pro Tem not just for a single meeting but, for a temporary basis as well. Attorney Temple stated the Board of Trustees could appoint Trustee Mecklenburg President Pro Tem for the foreseeable future and he would have the same powers and duties as the Village President in his absence. Attorney Temple stated that President Hicks is aware of this and approves of this appointment. Clerk Adams stated that if the Board of Trustees would prefer they can make the appointment through December 31, 2010.
Trustee Stewart asked Attorney Temple how this would affect Trustee Mecklenburg’s ability to vote and make decisions. Attorney Temple stated that if the Board of Trustees chooses to appoint Trustee Mecklenburg President Pro Tem he would have all the powers and duties of the President however; he can only vote as Trustee or President Pro Tem so; he can only vote once and he would still have the power to veto just as the President would. Trustee Stewart stated that she just wanted to make sure that Trustee Mecklenburg could vote if he was appointed President Pro Tem so, that the meeting could continue. With that being said Trustee Stewart asked Trustee Mecklenburg if he would accept the position. Trustee Mecklenburg responded yes. Trustee Stewart made a motion to appoint Trustee Mecklenburg President Pro Tem until President Hicks is able to resume his responsibilities; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. President Pro Tem Mecklenburg called the meeting to order at 7:05 p.m. answering the roll call was Trustees Jim Mecklenburg, Jim McMullin, Trevor Unger and Vicki Stewart. Trustee Rich Elliott was on vacation. Trustee Randall Salsbury was absent. Attorney Temple stated just so the record is clear the Board of Trustees is not saying there is a vacancy in this position this is simply a temporary appointment.
President Pro Tem Mecklenburg called for a motion to approve the minutes of the April 14, 2010 regular monthly meeting and the April 21, 2010 Budget Workshop. The minutes of the April 14, 2010 regular monthly meeting and the April 21, 2010 Budget Workshop were approved upon a motion made by Trustee Stewart; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously.
President Pro Tem Mecklenburg stated that he just noticed that the treasurer’s report did not correctly reflect the revenue for the month and stated that he would not ask the Board of Trustees to approve the report until next month’s meeting. President Pro Tem Mecklenburg gave the treasurer’s report, as of April 30, 2010 the general fund had a balance of $149,249.78; motor fuel tax fund had a balance of $123,049.86 and the water fund had a balance of $57,177.22.
Trustee Mecklenburg presented the Board of Trustees with the claim sheet. A motion to approve the bills as submitted was made by Trustee McMullin; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously.
DEPARTMENT UPDATES
FINANCE: President Pro Tem Mecklenburg stated that a budget workshop is scheduled for next Wednesday, this is a workshop and no decisions will be made. President Pro Tem Mecklenburg stated we have a clear picture of the numbers that we have to work with and the hardest part is trying to estimate the revenues that the Village will have coming in this economy. President Pro Tem Mecklenburg stated this next year’s budget is going to be skimpy we are all going to have to do what we can to save money and we can’t maintain any inventory that is not absolutely necessary.
WATER: No report was available due to Trustee Elliott’s absence.
HEALTH & WELFARE: No report was available due to Trustee Salsbury’s absence.
ORDINANCES: Trustee McMullin stated that he is working on a couple of ordinances.
STREETS: Trustee Unger reported he was working on a resolution for the purchase of rock salt and cold patch.
BUILDINGS & GROUNDS: Trustee Stewart stated there was no news to report.
POLICE DEPARTMENT: Officer Messer stated that things were going well he was making a lot of contacts of behalf of the department and he was making progress on the two major burglaries that happened in the Village.
BUILDING DEPARTMENT: No report was available.
ATTORNEY COMMENTS: No attorney comments at this time.
VISITORS: No visitor comments at this time.
OLD BUSINESS
President Pro Tem Mecklenburg stated the first item under old business is Chapter 70, Traffic and Vehicle Article II: Stopping, Standing and Parking in the Hillcrest Code of Ordinances. Attorney Temple addressed the ordinance and stated that he had been contacted concerning semi parking within the Village approximately two months ago by President Hicks it seems as if there have been some problems with semis being parked on residential lots and on public streets. Attorney Temple stated that upon looking at the Hillcrest Code of Ordinances the new ordinance prohibits parking semis on public streets and residential lots and President Hicks stated that he wanted each day to constitute a separate offense and to establish a penalty provision. Attorney Temple stated at last month’s meeting when this issue first came before the Board Trustee Stewart raised some concerns as to whether people should be able to bring their semis home for cleaning and maintenance. Attorney Temple stated that if the Board of Trustees has concerns this is certainly the time to discuss that.
Trustee McMullin stated that the ordinance is about not being able to park semi tractors and trailers on the Village streets and I agree with that but, I think we need to go further with this and include large commercial vehicles such as motor coach, charter buses or any large vehicle that can do damage to the streets. Attorney Temple stated that if the Board of Trustees wants to address this issue then some criteria needs to be established and it has been mentioned that perhaps gross weight should be used as a criteria. Trustee McMullin stated that he is going to do some research concerning gross weight as part of this ordinance because there are vehicles other than semis that can cause damage to the streets.
Trustee Stewart asked if the drivers of the semis are actually bringing the trailers with them into the Village. Trustee McMullin stated that he has seen one semi and trailer. Attorney Temple asked Building and Zoning Administrator, Casper Manheim if he had seen semis and trailers and he respond, only semis. Attorney Temple asked Building and Zoning Administrator, Casper Manheim if he had sent letters out notifying residents of this violation. Building and Zoning Administrator, Casper Manheim stated that he had sent letters out informing residents that there was an ordinance and that they were in violation and asked them to comply with the ordinance with ten days. Attorney Temple asked what type of response he had gotten. Building and Zoning Administrator, Casper Manheim stated that two people had called him one stated that he only brings the truck home two to three times a year and the other said he brings his truck home on weekends and has for close to ten years. Attorney Temple stated if this individual has been doing this for so long is it just a matter of the code not being enforced. Building and Zoning Administrator, Casper Manheim responded yes, the code was actually passed in the late 1970’s.
Trustee Stewart stated when the ordinances were being worked on for the code books there was talk about being able to bring the semi trucks home for maintenance and for cleaning but, never to be at the residence on any kind of permanent basis. Attorney Temple stated as an attorney does that mean that the person has to be physically working on the semi and the minute their done performing maintenance they have to leave or can the semi sit there for three days. Attorney Temple stated if residents are allowed to leave their semis set over the weekend while they are working on them that would create a huge loop hole in the ordinance and it would make it very difficult to win in court because of that. Attorney Temple stated that it is his opinion that the ordinance should be all or nothing because once that exception is allowed it just opens up a whole can of worms here, unless the ordinance can be written in such a way that maintenance is very specific about what is defined as maintenance and for cleaning the vehicle as well.
Trustee Stewart stated this has also been brought up in the past because residents were parking their pickup trucks in their yards and working on them and cleaning them; this was all brought up at the same time. Trustee Stewart stated that to her knowledge the current ordinance in the book does not depict that at this time. Trustee Stewart stated that she doesn’t want the semi in her driveway either but, that is what her husband does for a living. Trustee Stewart stated that in her specific case the semi tractor is only parked overnight one or two times a year when we are experiencing subzero temperatures because her husband usually parks at Petro but, he can’t plug in his truck out there.
Attorney Temple stated that may be the exception in this case but, unless the ordinance is worded very clearly there will be a problem with this because all someone would have to say is I have my truck plugged in or I am working on it and we have defeated the purpose of the ordinance in the first place. President Pro Tem Mecklenburg stated let’s not forget about the residents that have complained about a semi running all night and not being able to sleep from all of the noise and the smell. Trustee Stewart stated they should only be plugging the semi in; it should not be running all night. Trustee McMullin stated that some drivers leave their semis running while they are plugged in because it keeps the fuel circulating. Trustee Stewart stated that she could understand complaints if a semi are running all night due to the noise and the smell.
Trustee Stewart stated as far as damage to streets other than one particular street that happens to have a semi on it I can’t say that I have seen any damage: I live on a truck route so I haven’t seen that kind of problem but, the street that the other semi is on the street is mangled anyway and I don’t believe the damage was because of that semi tractor. Attorney Temple stated that he has basically heard two complaints; one that semi traffic damages the streets and seconded semis are an eye sore. Attorney Temple stated and your question is; how is this any different from the resident that parks his pickup in his yard for two weeks, the only difference that I see is size. Trustee Stewart stated that she didn’t have a problem with the pickup truck; what is the difference between that and great big RV that sits all winter with a huge silver tarp over it. Trustee Stewart stated to her personally the RV is a bigger eye sore because it sits there for six months straight. Attorney Temple agreed with Trustee Stewart and stated that the Board of Trustees should consider expanding the ordinance.
Attorney Temple stated that there are two issues here what is going to be restricted and two is there going to be any exceptions and if there is I welcome the Board’s input; what do you want the exceptions to be. Attorney Temple stated that there are truck washes available and there are other places available to get your truck worked on so; is the exception going to be that semi tractors can only be in the Village overnight and plugged in but, not running. Attorney Temple stated the ordinance can be very restrictive for example semi parking can only be allowed during certain months of the year and only during certain temperatures. Trustee Stewart stated that it is very easy to see if the truck is plugged in because there is an electrical cord running to it. Attorney Temple pointed out that a person could leave their truck plugged in for four months. Trustee McMullin stated that is only necessary to plug a truck in under a certain temperature. Attorney Temple stated that as an attorney he can write the ordinance but, he does not know enough about semi tractors to know if he is making the ordinance too restrictive. Trustee Stewart stated that she would get input from her husband and Clerk Adams stated she would get input from her father. At that point Attorney Temple invited residents who would be affected by this ordinance to give their input to Clerk Adams for consideration.
Attorney Temple asked Building and Zoning Administrator, Casper Manheim and Officer Messer if they had seen problems with other vehicle like motor homes, campers or other large vehicles. Officer Messer stated that he had seen one semi tractor in a residential lot and he had spoken to the resident and the tractor was their temporarily due to the fact that the man was changing trucking companies and needed heat to remove the stickers from the doors and a few of his neighbors were standing there and no one was complaining. Officer Messer stated that there was a charter bus that is normally parked over at Grennan Meats and the resident that drives the bus does take it home on occasion to clean it but, otherwise it is parked at Grennan Meats. Officer Messer stated that he thought it would be in the best interest of the Village to leave the ordinance as it is just add an amendment to leave it to the discretion of the officer on patrol as to whether or not it is necessary for the semi tractor or other large vehicle to be on a residential lot for the sake of the residents livelihood; it seems that would be easier to enforce than an ordinance that is too restrictive.
With all of that being said Trustee Stewart made a motion to table Chapter 70, Traffic & Vehicle Article II: Stopping, Standing & Parking in the Hillcrest Code of Ordinances and Amendment to Chapter 70, Article II Entitled Operation of Vehicle in the Hillcrest Code of Ordinances; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
NEW BUSINESS
President Pro Tem Mecklenburg stated the first item under new business is the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code. President Pro Tem Mecklenburg stated this pertains to motor fuel tax funds for the purchase of cold patch for street repairs and road salt for this coming winter. Trustee Stewart asked if the resolution specified the streets that would be repaired. Clerk Adams stated that the resolution was for cold patch and road salt materials needed to maintain the streets; the resolution is not a layout for future street repairs. President Pro Tem Mecklenburg stated unfortunately the Village does not have the budget to do the street repairs that we would like; this is just to help maintain the streets until the economy turns around. President Pro Tem Mecklenburg stated the $10,000 that is being proposed is comprised of $7,000 for road salt and $3,000 for cold patch. President Pro Tem Mecklenburg called for a motion to approve the resolution for the purchase of cold patch and road salt. Trustee McMullin made a motion to approve the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg stated the next item under new business is a Resolution Opposing Reduction of Local Government Distributive Fund. President Pro Tem Mecklenburg explained that this is a resolution that the Illinois Municipal League is asking all municipalities in the state to pass; this resolutions simply asks the Governor not to reduce the amount of income tax money that is coming back to the municipalities by the thirty percent that he has proposed. Attorney Temple stated if I remember in past meetings you have commented on how other sources of revenue have gone down such as sales tax and property tax. President Pro Tem Mecklenburg stated that all of the Village’s revenue streams have been dropping and I suggest that we pass this resolution and let our legislators know how we feel. With that being said Trustee Stewart made a motion to pass a Resolution Opposing Reduction of Local Government Distributive Fund; President Pro Tem Mecklenburg seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg stated the third item under new business is the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances. President Pro Tem Mecklenburg stated that the amendment is a very rough draft, a working document for the Board to use as a basis which will eventually become an ordinance. President Pro Tem Mecklenburg stated there was a very unfortunate incident that happened in our Village and the Board of Trustees needs to be able to pass an ordinance that will protect our residents from other people’s pets as well as any other danger that may arise. President Pro Tem Mecklenburg asked Attorney Temple to brief the Board of Trustees on the contents of the ordinance.
Attorney Temple stated that over a month ago there was an unfortunate incident involving some dogs that caused Officer Messer and himself to take a very close look at the Village’s Animal Control Ordinance. Attorney Temple stated that it became quite clear that the ordinance was lacking especially in regards to vicious and dangerous animals or dogs and as a result of that Clerk Adams and I have spent considerable time researching this matter. Attorney Temple stated that Clerk Adams contacted other municipal Clerks in the area and they shared their animal control ordinances with the Village and he had researched the Illinois State Statue and the Ogle County Animal Control Ordinance as well. Attorney Temple stated after reviewing all of these documents it was clear that there was not one document that could be adopted in its entirety. Attorney Temple stated that he took parts of the different documents and added sections to address issues that were not addressed at all in an effort to come up with one comprehensive document that will hopefully apply to ever situation. Attorney Temple stated that he would like for Officer Messer to review the draft and make any suggestion that he feels are necessary. Attorney Temple invited the Board of Trustees to make suggestion and he stated that he wanted this ordinance to be a collective effort and asked the Trustees to get their suggestions to him within the next two weeks. Attorney Temple stated that he is hopeful that within the next month or two the Village will be able to pass a comprehensive animal control ordinance that will protect its citizens.
President Pro Tem Mecklenburg stated it seems that in our ordinances what some people view as discretionary some people view as an opportunity for abuse; it is extremely hard to regulate everything; it is hard to cover all circumstances but, we have to make an effort and it is hard to please everyone. President Pro Tem Mecklenburg asked the Trustees to carefully read the draft of the animal control ordinance and please get your comments back to Clerk Adams so that she can forward them to Attorney Temple. With that being said President Pro Tem Mecklenburg asked for a motion to table the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances. Trustee Unger made a motion to table the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg called for a motion to enter into executive session for the purpose of discussing personnel, pending litigation and to review executive session minutes. Trustee Stewart made a motion to enter into executive session to discuss personnel and pending litigation and to review executive session minutes; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The Board of Trustees entered into executive session 7:52 p.m.
President Pro Tem Mecklenburg called for a motion to return to open session. Trustee Stewart made a motion to return to open session; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The Board of Trustees returned to open session at 8:34 p.m. President Pro Tem Mecklenburg stated the action being taken is to pass the executive session minutes for March 10, 2010 and the executive session minutes for April 12, 2010. Trustee Unger made a motion to accept the minutes of the March 10, 2010 and the April 12, 2010 executive sessions; Trustee Stewart seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
PUBLIC COMMENT
No public comment.
There being no further business to transact a motion to adjourn was made by Trustee McMullin; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The meeting adjourned at 8:36 p.m. The next regular monthly meeting will be held June 9, 2009 at 7:00 p.m. at the Hillcrest Village Hall.
Respectfully submitted,
Teresa J. Adams,
Village Clerk
MONTHLY MEETING
MAY 12, 2010
7:00 P.M.
The Hillcrest Village Board of Trustees met in regular monthly session Wednesday, May 12, 2010 at the Hillcrest Village Hall. Trustee Mecklenburg stated that even though all of the Trustees were not present the meeting could continue because a quorum was present. Trustee Mecklenburg stated the first order of business was to appoint a President Pro Tem. Attorney Temple stated that he would like to address the issue and stated that it is his understanding that President Hicks may be unavailable for some time considering his current employment and instead of appointing a President Pro Tem at the beginning of every meeting the Illinois Municipal Code allows for the appointment of a President Pro Tem not just for a single meeting but, for a temporary basis as well. Attorney Temple stated the Board of Trustees could appoint Trustee Mecklenburg President Pro Tem for the foreseeable future and he would have the same powers and duties as the Village President in his absence. Attorney Temple stated that President Hicks is aware of this and approves of this appointment. Clerk Adams stated that if the Board of Trustees would prefer they can make the appointment through December 31, 2010.
Trustee Stewart asked Attorney Temple how this would affect Trustee Mecklenburg’s ability to vote and make decisions. Attorney Temple stated that if the Board of Trustees chooses to appoint Trustee Mecklenburg President Pro Tem he would have all the powers and duties of the President however; he can only vote as Trustee or President Pro Tem so; he can only vote once and he would still have the power to veto just as the President would. Trustee Stewart stated that she just wanted to make sure that Trustee Mecklenburg could vote if he was appointed President Pro Tem so, that the meeting could continue. With that being said Trustee Stewart asked Trustee Mecklenburg if he would accept the position. Trustee Mecklenburg responded yes. Trustee Stewart made a motion to appoint Trustee Mecklenburg President Pro Tem until President Hicks is able to resume his responsibilities; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. President Pro Tem Mecklenburg called the meeting to order at 7:05 p.m. answering the roll call was Trustees Jim Mecklenburg, Jim McMullin, Trevor Unger and Vicki Stewart. Trustee Rich Elliott was on vacation. Trustee Randall Salsbury was absent. Attorney Temple stated just so the record is clear the Board of Trustees is not saying there is a vacancy in this position this is simply a temporary appointment.
President Pro Tem Mecklenburg called for a motion to approve the minutes of the April 14, 2010 regular monthly meeting and the April 21, 2010 Budget Workshop. The minutes of the April 14, 2010 regular monthly meeting and the April 21, 2010 Budget Workshop were approved upon a motion made by Trustee Stewart; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously.
President Pro Tem Mecklenburg stated that he just noticed that the treasurer’s report did not correctly reflect the revenue for the month and stated that he would not ask the Board of Trustees to approve the report until next month’s meeting. President Pro Tem Mecklenburg gave the treasurer’s report, as of April 30, 2010 the general fund had a balance of $149,249.78; motor fuel tax fund had a balance of $123,049.86 and the water fund had a balance of $57,177.22.
Trustee Mecklenburg presented the Board of Trustees with the claim sheet. A motion to approve the bills as submitted was made by Trustee McMullin; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously.
DEPARTMENT UPDATES
FINANCE: President Pro Tem Mecklenburg stated that a budget workshop is scheduled for next Wednesday, this is a workshop and no decisions will be made. President Pro Tem Mecklenburg stated we have a clear picture of the numbers that we have to work with and the hardest part is trying to estimate the revenues that the Village will have coming in this economy. President Pro Tem Mecklenburg stated this next year’s budget is going to be skimpy we are all going to have to do what we can to save money and we can’t maintain any inventory that is not absolutely necessary.
WATER: No report was available due to Trustee Elliott’s absence.
HEALTH & WELFARE: No report was available due to Trustee Salsbury’s absence.
ORDINANCES: Trustee McMullin stated that he is working on a couple of ordinances.
STREETS: Trustee Unger reported he was working on a resolution for the purchase of rock salt and cold patch.
BUILDINGS & GROUNDS: Trustee Stewart stated there was no news to report.
POLICE DEPARTMENT: Officer Messer stated that things were going well he was making a lot of contacts of behalf of the department and he was making progress on the two major burglaries that happened in the Village.
BUILDING DEPARTMENT: No report was available.
ATTORNEY COMMENTS: No attorney comments at this time.
VISITORS: No visitor comments at this time.
OLD BUSINESS
President Pro Tem Mecklenburg stated the first item under old business is Chapter 70, Traffic and Vehicle Article II: Stopping, Standing and Parking in the Hillcrest Code of Ordinances. Attorney Temple addressed the ordinance and stated that he had been contacted concerning semi parking within the Village approximately two months ago by President Hicks it seems as if there have been some problems with semis being parked on residential lots and on public streets. Attorney Temple stated that upon looking at the Hillcrest Code of Ordinances the new ordinance prohibits parking semis on public streets and residential lots and President Hicks stated that he wanted each day to constitute a separate offense and to establish a penalty provision. Attorney Temple stated at last month’s meeting when this issue first came before the Board Trustee Stewart raised some concerns as to whether people should be able to bring their semis home for cleaning and maintenance. Attorney Temple stated that if the Board of Trustees has concerns this is certainly the time to discuss that.
Trustee McMullin stated that the ordinance is about not being able to park semi tractors and trailers on the Village streets and I agree with that but, I think we need to go further with this and include large commercial vehicles such as motor coach, charter buses or any large vehicle that can do damage to the streets. Attorney Temple stated that if the Board of Trustees wants to address this issue then some criteria needs to be established and it has been mentioned that perhaps gross weight should be used as a criteria. Trustee McMullin stated that he is going to do some research concerning gross weight as part of this ordinance because there are vehicles other than semis that can cause damage to the streets.
Trustee Stewart asked if the drivers of the semis are actually bringing the trailers with them into the Village. Trustee McMullin stated that he has seen one semi and trailer. Attorney Temple asked Building and Zoning Administrator, Casper Manheim if he had seen semis and trailers and he respond, only semis. Attorney Temple asked Building and Zoning Administrator, Casper Manheim if he had sent letters out notifying residents of this violation. Building and Zoning Administrator, Casper Manheim stated that he had sent letters out informing residents that there was an ordinance and that they were in violation and asked them to comply with the ordinance with ten days. Attorney Temple asked what type of response he had gotten. Building and Zoning Administrator, Casper Manheim stated that two people had called him one stated that he only brings the truck home two to three times a year and the other said he brings his truck home on weekends and has for close to ten years. Attorney Temple stated if this individual has been doing this for so long is it just a matter of the code not being enforced. Building and Zoning Administrator, Casper Manheim responded yes, the code was actually passed in the late 1970’s.
Trustee Stewart stated when the ordinances were being worked on for the code books there was talk about being able to bring the semi trucks home for maintenance and for cleaning but, never to be at the residence on any kind of permanent basis. Attorney Temple stated as an attorney does that mean that the person has to be physically working on the semi and the minute their done performing maintenance they have to leave or can the semi sit there for three days. Attorney Temple stated if residents are allowed to leave their semis set over the weekend while they are working on them that would create a huge loop hole in the ordinance and it would make it very difficult to win in court because of that. Attorney Temple stated that it is his opinion that the ordinance should be all or nothing because once that exception is allowed it just opens up a whole can of worms here, unless the ordinance can be written in such a way that maintenance is very specific about what is defined as maintenance and for cleaning the vehicle as well.
Trustee Stewart stated this has also been brought up in the past because residents were parking their pickup trucks in their yards and working on them and cleaning them; this was all brought up at the same time. Trustee Stewart stated that to her knowledge the current ordinance in the book does not depict that at this time. Trustee Stewart stated that she doesn’t want the semi in her driveway either but, that is what her husband does for a living. Trustee Stewart stated that in her specific case the semi tractor is only parked overnight one or two times a year when we are experiencing subzero temperatures because her husband usually parks at Petro but, he can’t plug in his truck out there.
Attorney Temple stated that may be the exception in this case but, unless the ordinance is worded very clearly there will be a problem with this because all someone would have to say is I have my truck plugged in or I am working on it and we have defeated the purpose of the ordinance in the first place. President Pro Tem Mecklenburg stated let’s not forget about the residents that have complained about a semi running all night and not being able to sleep from all of the noise and the smell. Trustee Stewart stated they should only be plugging the semi in; it should not be running all night. Trustee McMullin stated that some drivers leave their semis running while they are plugged in because it keeps the fuel circulating. Trustee Stewart stated that she could understand complaints if a semi are running all night due to the noise and the smell.
Trustee Stewart stated as far as damage to streets other than one particular street that happens to have a semi on it I can’t say that I have seen any damage: I live on a truck route so I haven’t seen that kind of problem but, the street that the other semi is on the street is mangled anyway and I don’t believe the damage was because of that semi tractor. Attorney Temple stated that he has basically heard two complaints; one that semi traffic damages the streets and seconded semis are an eye sore. Attorney Temple stated and your question is; how is this any different from the resident that parks his pickup in his yard for two weeks, the only difference that I see is size. Trustee Stewart stated that she didn’t have a problem with the pickup truck; what is the difference between that and great big RV that sits all winter with a huge silver tarp over it. Trustee Stewart stated to her personally the RV is a bigger eye sore because it sits there for six months straight. Attorney Temple agreed with Trustee Stewart and stated that the Board of Trustees should consider expanding the ordinance.
Attorney Temple stated that there are two issues here what is going to be restricted and two is there going to be any exceptions and if there is I welcome the Board’s input; what do you want the exceptions to be. Attorney Temple stated that there are truck washes available and there are other places available to get your truck worked on so; is the exception going to be that semi tractors can only be in the Village overnight and plugged in but, not running. Attorney Temple stated the ordinance can be very restrictive for example semi parking can only be allowed during certain months of the year and only during certain temperatures. Trustee Stewart stated that it is very easy to see if the truck is plugged in because there is an electrical cord running to it. Attorney Temple pointed out that a person could leave their truck plugged in for four months. Trustee McMullin stated that is only necessary to plug a truck in under a certain temperature. Attorney Temple stated that as an attorney he can write the ordinance but, he does not know enough about semi tractors to know if he is making the ordinance too restrictive. Trustee Stewart stated that she would get input from her husband and Clerk Adams stated she would get input from her father. At that point Attorney Temple invited residents who would be affected by this ordinance to give their input to Clerk Adams for consideration.
Attorney Temple asked Building and Zoning Administrator, Casper Manheim and Officer Messer if they had seen problems with other vehicle like motor homes, campers or other large vehicles. Officer Messer stated that he had seen one semi tractor in a residential lot and he had spoken to the resident and the tractor was their temporarily due to the fact that the man was changing trucking companies and needed heat to remove the stickers from the doors and a few of his neighbors were standing there and no one was complaining. Officer Messer stated that there was a charter bus that is normally parked over at Grennan Meats and the resident that drives the bus does take it home on occasion to clean it but, otherwise it is parked at Grennan Meats. Officer Messer stated that he thought it would be in the best interest of the Village to leave the ordinance as it is just add an amendment to leave it to the discretion of the officer on patrol as to whether or not it is necessary for the semi tractor or other large vehicle to be on a residential lot for the sake of the residents livelihood; it seems that would be easier to enforce than an ordinance that is too restrictive.
With all of that being said Trustee Stewart made a motion to table Chapter 70, Traffic & Vehicle Article II: Stopping, Standing & Parking in the Hillcrest Code of Ordinances and Amendment to Chapter 70, Article II Entitled Operation of Vehicle in the Hillcrest Code of Ordinances; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
NEW BUSINESS
President Pro Tem Mecklenburg stated the first item under new business is the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code. President Pro Tem Mecklenburg stated this pertains to motor fuel tax funds for the purchase of cold patch for street repairs and road salt for this coming winter. Trustee Stewart asked if the resolution specified the streets that would be repaired. Clerk Adams stated that the resolution was for cold patch and road salt materials needed to maintain the streets; the resolution is not a layout for future street repairs. President Pro Tem Mecklenburg stated unfortunately the Village does not have the budget to do the street repairs that we would like; this is just to help maintain the streets until the economy turns around. President Pro Tem Mecklenburg stated the $10,000 that is being proposed is comprised of $7,000 for road salt and $3,000 for cold patch. President Pro Tem Mecklenburg called for a motion to approve the resolution for the purchase of cold patch and road salt. Trustee McMullin made a motion to approve the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg stated the next item under new business is a Resolution Opposing Reduction of Local Government Distributive Fund. President Pro Tem Mecklenburg explained that this is a resolution that the Illinois Municipal League is asking all municipalities in the state to pass; this resolutions simply asks the Governor not to reduce the amount of income tax money that is coming back to the municipalities by the thirty percent that he has proposed. Attorney Temple stated if I remember in past meetings you have commented on how other sources of revenue have gone down such as sales tax and property tax. President Pro Tem Mecklenburg stated that all of the Village’s revenue streams have been dropping and I suggest that we pass this resolution and let our legislators know how we feel. With that being said Trustee Stewart made a motion to pass a Resolution Opposing Reduction of Local Government Distributive Fund; President Pro Tem Mecklenburg seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg stated the third item under new business is the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances. President Pro Tem Mecklenburg stated that the amendment is a very rough draft, a working document for the Board to use as a basis which will eventually become an ordinance. President Pro Tem Mecklenburg stated there was a very unfortunate incident that happened in our Village and the Board of Trustees needs to be able to pass an ordinance that will protect our residents from other people’s pets as well as any other danger that may arise. President Pro Tem Mecklenburg asked Attorney Temple to brief the Board of Trustees on the contents of the ordinance.
Attorney Temple stated that over a month ago there was an unfortunate incident involving some dogs that caused Officer Messer and himself to take a very close look at the Village’s Animal Control Ordinance. Attorney Temple stated that it became quite clear that the ordinance was lacking especially in regards to vicious and dangerous animals or dogs and as a result of that Clerk Adams and I have spent considerable time researching this matter. Attorney Temple stated that Clerk Adams contacted other municipal Clerks in the area and they shared their animal control ordinances with the Village and he had researched the Illinois State Statue and the Ogle County Animal Control Ordinance as well. Attorney Temple stated after reviewing all of these documents it was clear that there was not one document that could be adopted in its entirety. Attorney Temple stated that he took parts of the different documents and added sections to address issues that were not addressed at all in an effort to come up with one comprehensive document that will hopefully apply to ever situation. Attorney Temple stated that he would like for Officer Messer to review the draft and make any suggestion that he feels are necessary. Attorney Temple invited the Board of Trustees to make suggestion and he stated that he wanted this ordinance to be a collective effort and asked the Trustees to get their suggestions to him within the next two weeks. Attorney Temple stated that he is hopeful that within the next month or two the Village will be able to pass a comprehensive animal control ordinance that will protect its citizens.
President Pro Tem Mecklenburg stated it seems that in our ordinances what some people view as discretionary some people view as an opportunity for abuse; it is extremely hard to regulate everything; it is hard to cover all circumstances but, we have to make an effort and it is hard to please everyone. President Pro Tem Mecklenburg asked the Trustees to carefully read the draft of the animal control ordinance and please get your comments back to Clerk Adams so that she can forward them to Attorney Temple. With that being said President Pro Tem Mecklenburg asked for a motion to table the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances. Trustee Unger made a motion to table the Amendment to Chapter 14, Article II Entitled Animals in the Hillcrest Code of Ordinances; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
President Pro Tem Mecklenburg called for a motion to enter into executive session for the purpose of discussing personnel, pending litigation and to review executive session minutes. Trustee Stewart made a motion to enter into executive session to discuss personnel and pending litigation and to review executive session minutes; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The Board of Trustees entered into executive session 7:52 p.m.
President Pro Tem Mecklenburg called for a motion to return to open session. Trustee Stewart made a motion to return to open session; Trustee McMullin seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The Board of Trustees returned to open session at 8:34 p.m. President Pro Tem Mecklenburg stated the action being taken is to pass the executive session minutes for March 10, 2010 and the executive session minutes for April 12, 2010. Trustee Unger made a motion to accept the minutes of the March 10, 2010 and the April 12, 2010 executive sessions; Trustee Stewart seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. Vote passed unanimously.
PUBLIC COMMENT
No public comment.
There being no further business to transact a motion to adjourn was made by Trustee McMullin; Trustee Unger seconded the motion. Vote as follows: Mecklenburg – yes, McMullin – yes, Unger – yes and Stewart – yes. The motion passed unanimously. The meeting adjourned at 8:36 p.m. The next regular monthly meeting will be held June 9, 2009 at 7:00 p.m. at the Hillcrest Village Hall.
Respectfully submitted,
Teresa J. Adams,
Village Clerk
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