The Villiage of Hillcrest, IL
The Villiage of Hillcrest, IL

11/09/11: Minutes - November 9, 2011 - Regular Monthly Meeting




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11/09/11: Minutes - November 9, 2011 - Regular Monthly Meeting

 

The Hillcrest Village Board of Trustees met in regular monthly session Wednesday, November 9, 2011 at the Hillcrest Village Hall. President Kim Whalen called the meeting to order at 7:00 p.m. answering the roll call was trustees Jeanie Sparacino, Rich Elliott, Randall Salsbury, Rick Rhoads and Vicki Stewart. Trustee Jim McMullin was absent.

 

President Whalen called for a motion to approve the minutes of the October 12, 2011 regular monthly meeting. The minutes of the October 12, 2011 regular monthly meeting were approved upon a motion made by Trustee Elliott; Trustee Rhoads seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously.

 

President Whalen called for a motion to approve the minutes of the November 3, 2011 special meeting. The minutes of the November 3, 2011 special meeting were approved upon a motion made by Trustee Stewart; Trustee Sparacino seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously.

 

Trustee, Jeannie Sparacino gave the treasurer’s report as of October 31, 2011 the general fund had a balance of $58,859.65, motor fuel tax fund had a balance of $170,015.91 and the water fund  balance had a balance of $208,655.59. A motion to approve the treasurer’s report was made by Trustee Rhoads; Trustee Elliott seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously.

 

President Whalen called for a motion to approve the claim sheet. A motion to approve the bills as submitted for October 2011 was made by Trustee Elliott; Trustee Sparacino seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously.

 

DEPARTMENT UPDATES

ORDINANCES:        No report was available due to Trustee McMullin’s absence.

 

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

 

WATER:         Trustee Elliott reported that he was checking with other companies to see if he could find more economical pricing for the excavation work for the water department.

 

HEALTH & WELFARE:       Trustee Salsbury reported that Clerk Adams applied for a grant for the village wide spring clean-up in May; the grant reimbursed fifty percent of the total expenses which were three hundred forty-eight dollars and eighty-four cents ($348.84).

 

STREETS:      Trustee Rhoads stated maintenance supervisor, Robert Villatoro has been busy getting the equipment ready for winter; the hydraulic motor on the auger that pulls the sand down to the spreader was leaking last year so he purchased a rebuild kit in the process it became necessary for him to build a motor puller which would have cost the Village four hundred dollars and he built one for approximately one hundred dollars. Trustee Rhoads stated that maintenance supervisor, Robert Villatoro estimated the Village’s savings at over one thousand dollars. Trustee Rhoads stated maintenance supervisor, Robert Villatoro rebuilt the plow on the 1999 Ford which saved the Village approximately six hundred dollars.

 

Trustee Rhoads stated that he is looking into the possibility of getting uniforms for Mr. Villatoro that will have the yellow reflective stripes and be embroidered with the Village of Hillcrest and his name; he will look much more professional and he will be safer. Trustee Rhoads stated other than that Mr. Villatoro will be performing routine maintenance on the streets filling potholes.

 

BUILDINGS & GROUNDS:                        Trustee Stewart reported buildings and grounds is not doing anything right now due to the weather and the fact that maintenance supervisor, Robert Villatoro is busy in the other departments at this time.

 

POLICE DEPARTMENT:                 No report was available due to Chief Danny White’s absence.

 

BUILDING DEPARTMENT:           Building & Zoning Administrator, Casper Manheim asked the Board of Trustees to refer to a worksheet that was in their packets which is the fee schedule for building permits based the Village’s ordinance and he explained how he used the worksheet to calculate the costs of building permits; this worksheet is used to calculate all permits from sheds and fences all the way up to the building of new buildings. Building & Zoning Administrator, Casper Manheim stated for example on a parking lot there is a flat fee for a small parking lot of seventy-five dollars for the first seven thousand five hundred feet; however when you start getting into the larger jobs there are grading and drainage issues that need to be addressed by the Village engineer and the increase in fees helps to offset that additional cost to the Village for what someone else wants to do. Building & Zoning Administrator, Casper Manheim reiterated that this worksheet was adopted by ordinance and is not negotiable. Building & Zoning Administrator, Casper Manheim stated when you get a ticket for speeding or for not wearing your seatbelt you don’t go before the judge and tell him that the ticket is too high and this needs to be reduced. Building & Zoning Administrator, Casper Manheim stated that he just wanted to share this information with the Board; so that they would know how he calculates the cost of building permits and he thanked the Board for their time.

 

President Whalen stated the Village had received a two thousand dollar grant from Blackhawk Hills they had nine openings to receive two thousand dollars that did not need to be matched; so I sent in a proposal explaining the need to revamp the Village webpage. President Whalen stated the Village is currently paying six hundred dollars a year where the website is currently being hosted; the Village is moving the webpage over to GoDaddy.com and Stephanie’s Web Designs is revamping the webpage and that two thousand dollars will cover the whole costs; but to move it the Village went from paying six hundred dollars a year to two hundred sixty-nine dollars for five years; so the Village saved that money.

ATTORNEY COMMENTS:          Attorney Temple stated I usually if ever; I very rarely mention anything at this point; but I do feel at this point there is something that I feel compelled to address. Attorney Temple stated it is something that I thought I resolved two months ago and unfortunately it is not something that I can discuss in executive session because it does not fall within the parameters of one of the exceptions. Attorney Temple stated I know that there is media here; I would prefer; I know I can’t control what you put in the media; but I would ask that this is something that is not announced and unfortunately I have to address this in a public forum. Attorney Temple stated for those of you who don’t know, Teresa Adams is getting a divorce and she has retained me to represent her in court and I had a conversation with Kim a couple of months ago about this issue; there was a question as to whether this would be a conflict of interest for me. Attorney Temple stated I thought I resolved it then; apparently I did not and it has been brought to my attention a couple of more times; most recently today. Attorney Temple stated I am not going to point the finger at anybody; I am not going to name names; but I want to make it abundantly clear. Attorney Temple stated I have an ethically code that I have to adhere to and if I don’t adhere to that I could lose my law license and not have a job to provide for my family; so I take it very seriously and I want to make it very clear that there is absolutely no conflict with me representing somebody that does not affect this municipality in any way, shape or form. Attorney Temple stated for those of you who don’t understand a conflict of interest is typically where I would represent competing interest in the same case and if anybody can tell me how me representing Teresa or another board member and I will tell you that I have represented board members in the past and I represent current board members other than Teresa, well Teresa is not a board member; but I represent current board members and so long as it does not impact this Village in any way, shape or form there is no problem with that.

 

Attorney Temple stated I have taken some extra steps; the ARDC and for those of you who don’t know is the Attorney Registration and Disciplinary Commission; they are our governing body; they determine if there are violations of the ethical code; I have contacted them directly, they have a hotline. Attorney Temple stated for any of you who has an issue with this whether it be a board member, an employee or a community member I will get you that phone number and you can contact them and address this with them; I have already done so. Attorney Temple stated I knew what the answer was; I know my obligations; there is no issue. Attorney Temple stated I have also consulted with two attorneys here locally and they have also confirmed that it is not an issue. Attorney Temple stated I hope that this resolves this once and for all; I don’t expect to discuss it again this is a personal matter for Teresa; I had to get her permission to discuss it tonight. Attorney Temple stated it is extremely unfortunate that I had to mention it tonight; it should not be part of this discussion tonight and unfortunately I felt compelled to address it. Attorney Temple stated if anybody has any questions I will be more than happy to address it with you; I think I have answered this completely and I hope this resolves this entirely once and for all.

 

VISITORS:    No visitor comments at this time.

 

OLD BUSINESS

President Whalen stated the first agenda item under old business is Errett Warehousing. Trustee Salsbury stated after our special meeting last Thursday night the owners of the building invited me to take a tour of the building and it is immaculate; it is probably cleaner than anyone’s garage in Hillcrest. Trustee Salsbury stated it has been cleaned for the purpose of showing it to perspective clients; trust me there is no issue right now the building is in good shape. Trustee Salsbury stated the owners expressed to him that storing grain in the building would be their last alternative; they would like to be able to lease it or sell it, they even discussed leasing the building to DelMonte again. Trustee Salsbury stated they even discussed purchasing the property to the south of the building and using that for a staging area.

 

President Whalen stated do we want to continue to keep Errett Warehousing on the agenda. Trustee Sparacino made a motion to remove Errett Warehousing from the agenda; Trustee Rhoads seconded the motion. Vote as follows: 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 municipal code update. President Whalen stated the total cost has come in at two thousand-five hundred thirty dollars ($2,530.00). Clerk Adams stated the update was originally estimated at just over one thousand-five hundred dollars ($1,500.00); however since the cost is almost double the Board really should address the issue again. Trustee Stewart asked Clerk Adams if the increase in cost was due to an increase in their rates. Clerk Adams stated no, it is because of the sheer volume of the update; two of those ordinances were approximately fifty pages and as they put the code together it ended up being one hundred forty-four (144) pages and this is not inexpensive. Clerk Adams stated that is why I have said in the past the Board really needs to think about what should go into an ordinance before one is developed; we don’t want to change an ordinance three or four times. Trustee Stewart made a motion to pay Municipal Code Company two thousand-five hundred thirty dollars ($2,530.00); Trustee Sparacino seconded the motion. Vote as follows: 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 snowmobile ordinance. Trustee Stewart stated the last few years things have been pretty good; but every winter I see these signs go up for snowmobile routes on existing streets signs that run right through the Village of Hillcrest. Trustee Stewart stated these snowmobiles are not on the streets; they don’t necessarily operate with lights and they are in people’s yards. Trustee Stewart stated she would like to see snowmobiles stay out of the middle of the Village and have them go completely around the Village all together. Trustee Stewart stated quite some time back when she asked about the subject she was told this was due to a particular snowmobile club that would meet at the bowling alley and that provided them with a way to get back out onto Hwy 251. Trustee Stewart stated these snowmobiles need to go around the Village because this is really dangerous for the residents and because they don’t operate as motor vehicles on the street; so my question is if we don’t have an ordinance about a snowmobile route then we need to either make one or to come up with a way that an existing ordinance can be enforced because they are running up into peoples yards.

 

Trustee Elliott stated snowmobiles are not allowed to run on the streets and State roads; they can cross the road; but they can’t run on it. Trustee Stewart stated I didn’t say they could run up and down Hwy 251; but there are still other areas where they can go. Attorney Temple stated correct me if I am wrong; but in our packets it appears as if the Village already has a snowmobile and all-terrain vehicle ordinance and it reads a person will be permitted to travel the shortest distance from his residence to the designated snowmobile route. Attorney Temple stated so I presume this answers your question; they can travel the shortest distance to the designated snowmobile route. Trustee Stewart stated for the safety of our residents I don’t want to see a snowmobile route through the Village of Hillcrest. Trustee Stewart stated that little yellow signs with snowmobiles and arrows are being posted under existing street signs on Village property. President Whalen stated in the past she had seen signs along Hwy 251; but not in the Village.

 

Trustee Rhoads stated these snowmobile signs should not be posted on Village sign posts under our existing signs; most of the snowmobile traffic comes south from Grubsteaker’s down the ditch along Hwy 251 and cross over Maple Avenue and Powers Road on their way to either Casey’s and/or Chelle Crest. Trustee Rhoads stated he spoke with Chief White the other day about this ordinance and his opinion is that regardless if what we have in an ordinance or what we put in an ordinance there will be people that are going to do what they want to do. Trustee Rhoads stated even if we change the ordinance to say that all snowmobiles have to be trailered to the snowmobile routes you are still going to get the idiot that is going to blow through your yard and it is upsetting; but how is our Chief of Police going to chase these people when they have the ability to go off road very quickly and he doesn’t. Trustee Rhoads stated maybe we can talk to the club and ask them to talk to their members; but you are still going to get the idiot that doesn’t want to obey the rules. Trustee Stewart stated and I understand that; but I just don’t think we as a Village need to put up signs showing snowmobilers how to get through the inside of the Village.

 

Valarie Mortensen, 202 Windward Court, stated the snowmobile club puts up those signs. Trustee Rhoads stated we know that the club puts the signs up. Trustee Stewart stated down there. Ms. Mortensen stated they put them up everywhere. Trustee Stewart stated they put them  up through the Village. Ms. Mortensen stated yes and they take them down that is why you may not see them right now; but they will put them up again before it gets much colder. Ms. Mortensen stated the signs are there to direct the snowmobilers along Scott Avenue and then there was a route that went into Rochelle; this is for their safety and the safety of the people. Trustee Stewart stated and I understand that; but I don’t feel that they need to be all the way into Wayne Road which is virtually almost the last through street between Windover and Hillcrest. Ms. Mortensen stated I have never seen signs down there directing the club down there. Trustee Stewart stated there are and they are on Linda Avenue and Errett Road around to Hwy 251. Ms. Mortensen stated I would talk to the snowmobile club. Trustee Rhoads asked Ms. Mortensen if she is a member of the club. Ms. Mortensen stated not this year we haven’t gone back. Trustee Rhoads asked Ms. Mortensen if she could provide the Village will contact information for the club and maybe we could have them come and submit a plan with a layout of their route for the Boards approval. Ms. Mortensen stated that she would provide the contact information. Trustee Rhoads stated ninety-nine percent of the snowmobilers are law abiding citizens; but it is the one percent that gets stupid and that is usually not the club members. Trustee Stewart stated the one that did the most damage were not from the club; they were kids from Windover Park.

 

Attorney Temple stated I am missing something here; why is a club determining the route through town. President Whalen stated normally the route is not through the town. Ms. Mortensen stated it is the clubs way of getting out safely to the trails. Attorney Temple stated I understand that; but what gives a club the authority to determine what route they are going to take shouldn’t it be the municipality; shouldn’t the club be asking the municipality and asking for permission before they put up signs. Ms. Mortensen stated you are asking me a legal question that I don’t know the answer to. Trustee Rhoads stated if we have some members of the club come in at the next meeting and say hey here is what we do and then we can ask them the questions. Attorney Temple stated according to our own ordinance we designate the routes and we have a map on file in the clerk’s office; is that something that you are familiar with. Clerk Adams stated I have not seen it; however from the conversation it sounds as if the snowmobiles have been traveling the truck route. Trustee Stewart agreed. Attorney Temple stated it should be the Board of Trustees that is designating that route; in my opinion not the club. Trustee Rhoads stated I have only seen them on the truck route and on Powers Road and the south side of Scott Avenue. Trustee Stewart stated that is the main reason why I mentioned this is because of the signs being there and that when I had questioned the previous president I was told that is for the snowmobile club and I said and you are giving them permission to drive right through the village and why would you. Trustee Stewart stated I just want to make sure that it doesn’t happen anymore. President Whalen stated can you get some information. Trustee Rhoads stated I will get ahold of them.

 

NEW BUSINESS

President Whalen stated the first item under new business is T6 Broadband. President Whalen stated she thought the original contract was signed back in April of this year. Attorney Temple stated it has been so long; we passed it; we signed it; we sent it to them and we never got anything back. Attorney Temple stated we have no contract at this point; we are done. Jeff Leon of WRHL stated there was a merger. Attorney Temple stated he was aware of the merger. President Whalen stated the letter states that all contractual agreements have been sent to the corporate office. President Whalen stated at this point JAB Broadband hasn’t decided if they are going to come to Hillcrest and they are asking the Village to leave this open till after the first of the year until they can complete their process or if this is unacceptable then they are going to pass. President Whalen stated the Village needs to make a decision if we would like to leave the contract open as it is or one of the questions that I had asked was even though JAB Broadband has not signed the contract if they sign the contract tomorrow does that make it valid. Attorney Temple stated unless we have; I don’t recall because I don’t have to contract in front of me; but I don’t recall a specific timeframe in which it has to be signed. Trustee Stewart stated that she didn’t think there was. Attorney Temple stated if not; technically yes they could; even though the Village signed on the dotted line until they sign on the dotted line there is no contract between the parties. President Whalen stated but they could sign it tomorrow and make it legal. Attorney Temple stated I will take a look at it; but unless we have some provision in that contract that requires acceptance between all parties within a certain time; I will look at it while you move on to the next item.

 

Trustee Salsbury stated according to this letter it looks like there is not going to be any more T6 Broadband; so won’t that affect the contract anyway. Attorney Temple stated some modifications will have to be made; what is the name of the new company. Trustee Stewart stated JAB Broadband. Attorney Temple stated was this a merger or an acquisition. Trustee Salsbury stated I think it was an acquisition. Attorney Temple stated if that is the case we would have to modify the contract and the answer would be no they cannot sign it tomorrow because it says T6 Broadband throughout the contract, I presume. After a brief discussion it was determined that the only thing that changed was ownership.

 

President Whalen stated if we decide to keep this open and leave the door open for them to approach us between now and then if someone else comes to the Village does T6 Broadband have to be notified; are they first in line; do they have their spot. Attorney Temple stated the first thing you would want to do is notify T6 Broadband that you are rescinding your contract since they have not accepted it at this point and that it is over with. Trustee Elliott asked Attorney Temple if T6 Broadband has exclusivity. Attorney Temple asked if a copy of the contract was handy. President Whalen stated she would get a copy out of her office. There was a three minute break while President Whalen retrieved the contract from her office. President Whalen returned without the contract. Attorney Temple stated my suggestion is to table this and let me examine the contract thoroughly; actually at this point it is an offer there is no contract that way I can answer your questions. President Whalen stated I just want to know if someone else comes along and offers the Village a $1,000 a month do we have to go to T6 Broadband first; I don’t want them blocking us with on open ended contract. Attorney Temple stated just walk away tonight knowing that there is no agreement with T6 Broadband at this point. Attorney Temple stated there is an offer on the table; but they haven’t accepted it at this point and I will look into the questions that you have and we will discuss it at the next meeting. Trustee Stewart made a motion to table the T6 Broadband issue until next month; Trustee Rhoads seconded the motion. Vote as follows: 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 amendment to ordinance no. 060911-A Chapter 70, Traffic and Vehicle Article II: Stopping, Standing and Parking in the Hillcrest Code of Ordinances. President Whalen stated this is the parking ordinance where we removed section (c) from the original ordinance that was reopened. Attorney Temple stated if I recall the only change that I made was removing section (c). Trustee Elliott made a motion to approve ordinance no. 060911-A as amended; Trustee Sparacino seconded the motion. Vote as follows: 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 amendment to Chapter 55, Recycling in the Hillcrest Code of Ordinances. President Whalen stated this was originally voted on as Chapter 52. Clerk Adams stated the ordinance was originally voted on as Chapter 55 and the code company requested that the Village change it to Chapter 52; so that the Village’s codebook would be more cohesive. Trustee Rhoads made a motion to amend Chapter 55 to Chapter 52; Trustee Elliott seconded the motion.  Vote as follows: 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 IMLRMA insurance; this is the Illinois Municipal League Risk Management Association insurance. President Whalen stated the total costs is $27,443.54 if the Village pays the entire bill at one time there is a half of a percent discount which would reduce the bill to $27,307 for a savings of $136.54 or the Village can pay the bill in two installments of $13,721.77. Trustee Elliott stated the workman’s compensation appears to be high. Clerk Adams stated there is a reason for that. Trustee Rhoads stated well this covers six people; aren’t you covered (Attorney Temple). Attorney Temple stated no, I am a subcontractor. Trustee Rhoads stated Casper is not. Trustee Salsbury stated no, he is a subcontractor. Trustee Rhoads stated Penny’s not. Trustee Sparacino stated she is part-time. Trustee Rhoads stated Robert is covered. Clerk Adams stated you need to be thinking about things that have happened in the past. Trustee Stewart stated that is okay we will go on. Clerk Adams stated the point is the Village has to have insurance.

 

Trustee Elliott stated is there a cheaper place to go. Clerk Adams stated I suggest that you pass this because the Village’s insurance policy will expire in the next sixty days; but you might want to consider putting it out for bids next year. Attorney Temple stated I presume prospective insurance companies will take into consideration the Village’s past record. Clerk Adams stated yes, because they will call here and ask for our lost run sheets and we will have to submit those or they will not bid on the project. Trustee Salsbury state by law I think any new insurance company would have to get ahold of these people. Clerk Adams stated prospective insurance companies will request that from the Village; we have that information and we have to provide it. President Whalen stated I think that for $136.54 the Village would be better off in the long run to split this up into two payments instead of paying the entire $27,443.54. Clerk Adams stated the Village split this cost last year; just so that you know what we did last year we did split it. Trustee Rhoads stated which helps instead of waiting an entire year to set this out for bid we can get estimates from somebody else and we can do this sooner. Trustee Rhoads stated we can pay for six months of coverage and start shopping instead of waiting an entire year. President Whalen stated can we do that; pay half for six months and then change. Trustee Rhoads stated instead of waiting an entire year. Attorney Temple stated it would depend upon the terms of the Village’s policy. Clerk Adams stated I don’t think you can, I think you are going to have to pay the year; but you can still put it out for bids in July if you want to. Trustee Stewart stated it is for a year. Trustee Rhoads stated it says six months. Clerk Adams stated it is not a six month policy they are just giving you an option to pay it in two payments. Trustee Stewart stated are we looking for a motion to pay option two with the two installments. Trustee Stewart made a motion to pay the IMLRMA insurance option two for two installment payments of $13,721.77 for a total of $27, 443.54; Trustee Salsbury seconded the motion. Vote as follows: 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 Vehicle Seizure Ordinance in Chief White’s absence I would like to table this item until next month. Trustee Rhoads made a motion to table the Vehicle Seizure Ordinance until next month’s meeting; Trustee Sparacino seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously. Attorney Temple stated only question I have is that Chief White gave this to me late last week; so I haven’t really had a chance to really look through this yet. Attorney Temple stated is this something that you want to discuss yet and make a determination if you even want the ordinance or is this something that you want me to prepare and have ready to vote on by the next meeting. Trustee Salsbury stated Chief White made a verbal presentation at last month’s meeting; we haven’t seen anything in writing. Attorney Temple stated so you are expecting an ordinance. Trustee Salsbury stated no, we are expecting some paperwork to look at so we can make some decisions. President Whalen stated can you have something between now and the next meeting. Attorney Temple stated yes, I will draft an ordinance.


 

PUBLIC COMMENT

Rose Sanchez, 105 Moluf, stated I have an issue that I would like to get resolved with the former mayor we were never allowed to put it on the agenda before and that issue is the dust that we are getting in our house from the cement plant that is out here. Ms. Sanchez stated I have a son with downs syndrome he is twenty-two years old, mentally he is three or four years old and he has been having a lot of sinus problems with all of the dust over here. Ms. Sanchez stated I am suffering with sinus problems which have caused me to fall down the stairs and break my arm and I was just wondering when can we resolve this issue because I believe as taxpayers we should be able to live in our homes comfortable and not worry about all of the dust that gets into our homes and I think that this needs to be resolved and taken care of because we do live in this community we are taxpayers and we do have that right to live comfortably in our homes. Ms. Sanchez stated and I just want to know how can we get this on the agenda where we can talk about it because the former mayor would not allow it.

 

President Whalen stated we are all very aware and I am saying that honestly the issues, the discussions that involve the concrete plant and your homes; Shane can you help me here. Attorney Temple stated as far as putting it on the agenda that is up to you as a Board whether you put something on the agenda you can control that to a certain degree or the Board can even make a motion to put something on the agenda for discussion purposes; but that doesn’t mean that there is going to be a motion to take action; so if you want to do that and put it on the agenda and discuss it so be it. Attorney Temple stated as far as the dust issues I haven’t looked into that personally, you (Rose Sanchez) and I have talked in the past about certain issues and I don’t know if that was one of the issues. Ms. Sanchez stated it has been, it has been for about three years. Attorney Temple stated but so long as they (Regional Ready Mix) are complying with the requirements of the Village’s code there is really not much you can do. Attorney Temple stated if there is something that they are violating then we would have to bring it to Chief White’s attention for instance or someone that is in charge of ordinances to look into that. Attorney Temple stated without me looking into that I don’t know of any particular issue that they would be violating just with the dust. Attorney Temple stated the other thing that can happen is if there is some discussion there could be an amendment to the zoning book which is a certain procedure in the State statue and in our own code that would have to take place before that could happen; so it is not just a matter of discussing it and saying oh, there is a problem at the cement plant, fix it.

 

Ms. Sanchez stated well it is a problem if you want me to I can bring you doctor’s papers showing that my son is on antibiotics for months at a time. Attorney Temple stated no, no, I don’t doubt this. Ms. Sanchez stated your welcome to come into my house and see all of the dust. Attorney Temple stated I am not discounting the fact that it may be an issue for you; but what I am saying is the only way that to and I know that you hate to hear this because we have discussed this in the past; but to a certain degree the Village is tied to their code if they (Regional Ready Mix) are not violating anything. Ms. Sanchez stated well, they need to change it because they should be concerned about the residents here. Attorney Temple stated that is the only two things that can happen here; we can look at our code and if they are violating something we can address it with the plant. Attorney Temple stated if there is not something there and as problems happen in the community if we need make changes on our code which happens frequently; that is why we have a Board that is something that we can discuss and there is a procedure that can happen that can change our zoning code; but as it stands right now from what I understand they are acting within the parameters of the zoning that they are in. Attorney Temple stated I am not aware of any violation; I’ll look into it; I can talk to Chief White about it as well. Attorney Temple stated but I am not aware of any violation; I presume that the Village has something in there for dust if we don’t it is something that we can address. Ms. Sanchez stated it is a danger to the people that live here. Ms. Sanchez stated I can bring papers from the doctor stating that we are suffering from sinus problems from all of the dust in our house. Attorney Temple stated I understand that. Ms. Sanchez stated what is it going to take; my son to fall down the stairs and kill himself is that what it is going to take. Attorney Temple stated my only recommendation to the Board or any Village official would be if we have something is place enforce it; if not then put it on the agenda and we will discuss and maybe we will have to make some changes to our municipal code. Ms. Sanchez stated you have known about this for years; Teresa, Vicki you guys; we have come and come before the board we were not allowed to talk about it. Ms. Sanchez stated it is hard, I have a son that is suffering over there and I don’t think that is fair and if he had a voice he would be here; but I am his voice. Ms. Sanchez stated he can’t sleep at night because he has infections all of the time and something needs to be done we were never told that the plant was coming in. Ms. Sanchez stated if I had known this I would have never bought my house here because it is hard as a mother to see a son suffer like that and something needs to be done about it.

 

Teri Gregory, 208 Roy Avenue, alright you have heard her story and all of that; I do want it put on the agenda; so that Regional Ready Mix can also have their opportunity to defend their selves because this needs to be stopped; it should never happen again; it should have come before the board; it shouldn’t have been up to our former mayor to approve where these fellows were located; it should never have happened. Ms. Gregory stated I have documentation and I will give you everything we need to have it put on the agenda; so then Mr. Temple you can also review everything yourself. Ms. Gregory stated I have been in contact with a lot of people. Ms. Gregory stated I know that they need their jobs; I know that they were looking for a place to move to. Ms. Gregory stated that was two years ago; so please put it on the agenda and that way you all can have the documentation; read it understand why we are so frustrated and fed up, thanks.

 

Val Mortensen, 202 Windmill Court, stated I was wondering what was the purpose and the result of your special meeting Thursday evening. President Whalen stated that is still in discussion; we had a meeting to open up discussions; so that we could gather information. Ms. Mortensen stated about what, that is what I am asking. President Whalen stated about preventing future businesses from coming in and being next door and causing a known health issue. President Whalen stated that is the door that I had opened and I opened that door; so that we could take a look at a green ordinance; so that this could be discussed and that is what we are doing we are gathering information. Ms. Mortensen stated so there wasn’t a result or anything. President Whalen stated no, no, no there won’t be a result for months and that meeting will also be open to the public. Ms. Mortensen stated alright, thank you. Attorney Temple stated just for the record, I just want to make sure that it is made clear that meeting as well was published and posted properly. Trustee Stewart stated yes. President Whalen stated anybody else.

 

Scott Watson, 129 Windward Lane, stated I have lived out here for thirty-five years. Mr. Watson stated as long as I can remember Blaine Hicks has owned that property and it has always been zoned commercial, light industrial; so the way I look at it I guess I am stating some facts more than anything. Mr. Watson stated that was zoned light industrial and then rezoned to residential; so in my opinion that is the way it has been; it has always been that way the same thing dealing with the blacktop plant. Mr. Watson stated I lost my job in 2004 to Martins and I spent approximately two years in contact with Board members; Harold Rogers was the presiding building inspector; so I went through all the proper steps I have all my EPA stuff; the Village has this on file; so the way I look at it I have bent over backwards the last five years to have my ready mix down there and I have done more than exceed the precast fence and everything else. Mr. Watson stated if you look at the ordinance all it calls for is a wooden fence or even chain link fence; but no I went and spent ten grand.

 

Ms. Gregory stated from the audience you came into our neighborhood. Mr. Larry Watson stated from the audience it is not your neighborhood. Rose Sanchez stated from the audience it is not fair what happened to the residents. Ms. Gregory stated from the audience do you want to live there.  President Whalen tapped her gavel.

 

Mr. Scott Watson stated all I know is that I am saying is that I have filled out the proper procedures and everything; ordinances; paperwork and permits and they always look at me and say Richie Hicks did this; Richie Hicks did that. Mr. Watson stated if you look at the documents Harold Rogers is the one that signed all of the paperwork for all of the permits and everything Richie had nothing to do with it; so that is all I have to say about that.

 

Ms. Gregory stated okay, that is why I want to be on the agenda; so that you and I can have a big long discussion; no this is bull. Ms. Gregory stated he is in a floodplain; I was there before you moved in. Ms. Gregory stated you moved in on us; you didn’t come to us; you did not say you were going to be there temporarily. Trustee Stewart stated Teri, Teri. Ms. Gregory stated for years Richie wouldn’t let us talk and now we get to speak and he is going to sit there and say you have lived here thirty-five years; you didn’t live there thirty-five years at your address Windover hasn’t been there thirty-five years. Mr. Scott Watson stated there on Errett Road is where my residents I had lived there. President Whalen stated please. Ms. Gregory stated move your family where I live. President Whalen stated please. Ms. Gregory stated no, you move, you move. President Whalen stated Teri, please. Trustee Stewart stated Teri. Clerk Adams stated bang your gavel. Ms. Gregory stated I am telling you; we couldn’t talk for five years; Richie is gone. Attorney Temple stated address us not him. Ms. Gregory stated I am sorry; but I can’t take it anymore. Ms. Gregory stated I’ll be back in; I better get out before I am kicked out.

 

Leonard Cradduck, 202 Roy Avenue, stated I think we have a noise ordinance that is being violated. Mr. Cradduck stated I get up at 5:00 a.m. and I hear diesel starting up and running down there at the cement plant. Mr. Cradduck stated I don’t know whether it is Blaine’s or theirs; but that is breaking the code; thank you.

 

Attorney Temple stated have you brought it to the attention of Chief White yet; my suggestion is now that we have an officer here so many hours a week, is that you bring it to his attention and let him do an investigation. Attorney Temple stated if there is a violation he can write the proper ticket, citation. President Whalen stated anybody else.

 

 

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 Sparacino seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously. The Board of Trustees entered into executive session at 7:56 p.m.

 

President Whalen called for a motion to return to open session. Trustee Rhoads made a motion to return to open session; Trustee Sparacino seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes and Stewart - yes. The motion passed unanimously. The Board of Trustees returned to open session at 9:03 p.m. President Whalen stated no action taken.

 

President Whalen stated what I would like to ask is Teri you said you would like a meeting to talk to Regional Ready Mix; Regional Ready Mix are you interested in a special meeting to come down here and talk; I am asking. Scott Watson stated I will talk; I just don’t want to be yelled at as long as there are proper procedures. President Whalen stated alright. Trustee Stewart stated open minds. President Whalen stated December 12th is a Monday would you be open to a special meeting just for that purpose that evening and it can be posted and anybody that wants to come to the meeting can. President Whalen stated does that work for Regional Ready Mix. Scott Watson stated yes. Trustee Rhoads stated December 12th; that is two days before the regular meeting.  President Whalen stated I know. Clerk Adams stated well there is not even time for me to get minutes done that quick. Trustee Rhoads stated can we do December 5th. Clerk Adams stated you have to give me two weeks; I am sorry; but two days is too tight of a timeframe. President Whalen stated December 5th is that okay. Mr. Larry Watson stated what day is that. President Whalen stated that is a Monday. Mr. Larry Watson stated yeah, we will show up. President Whalen stated okay; 7:00 p.m. on December the 5th.

 

There being no further business to transact a motion to adjourn was made by Trustee Rhoads; Trustee Elliott seconded the motion. Vote as follows: Sparacino – yes, Elliott – yes, Salsbury – yes, Rhoads – yes, and Stewart - yes. The motion passed unanimously. The meeting adjourned at 8:57 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: 3/20/2012 | Updated: 3/20/2012