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

01/11/12: Minutes - January 11, 2012




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01/11/12: Minutes - January 11, 2012

VILLAGE OF HILLCREST
MONTHLY MEETING
JANUARY 11, 2012
7:00 P.M.

The Hillcrest Village Board of Trustees met in regular monthly session Wednesday, January 11, 2012 at the Hillcrest Village Hall. President Kim Whalen called the meeting to order at 7:01 p.m. answering the roll call was trustees Rick Rhoads, Jim McMullin, Rich Elliott, Vicki Stewart and Jeannie Sparacino. Trustee Randall Salsbury was absent due to a business commitment.

President Whalen called for a motion to approve the minutes of the December 14, 2011 regular monthly meeting. The minutes of the December 14, 2011 regular monthly meeting were approved upon a motion made by Trustee Elliott; Trustee McMullin seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.

Treasurer, Penny Payton gave the treasurer’s report as of December 31, 2011 the general fund had a balance of $49,179.23, motor fuel tax fund had a balance of $175,872.67 and the water fund had a balance of $289,540.80. A motion to approve the treasurer’s report was made by Trustee Stewart; Trustee Elliott seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - 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 December 2011 was made by Trustee Rhoads; Trustee McMullin seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.

PUBLIC COMMENT

President Whalen stated anything that is not on the agenda can be addressed under public comment at this time. President Whalen stated does anybody have anything that they would like to discuss. No participation from the public at this time.

DEPARTMENT UPDATES

ADMINISTRATION:  President Whalen stated that Jim Sparber of Baxter & Woodman Consulting Engineers is going to be giving on update on the sewer. Mr. Sparber stated as we discussed last month I put together an analysis of what Hillcrest could possibly build in terms of the sewer system based on a couple of different rate structures with the average user paying either twenty ($20), forty ($40) or sixty ($60) dollars a month; just how much sewer could Hillcrest build if you had that rate structure along with a grant from the CDBG the Community Development Block Grant their grant amount would be approximately three hundred and fifty thousand dollars ($350,000). Mr. Sparber stated I provided you with some information and I apologize for not getting that to you sooner, if you look at the second page we will walk through this kind of quickly to give you an idea of what we are dealing with. Mr. Sparber stated please understand that this is a high level process and it is just meant to give you an idea of the order and the magnitude of just how much could be constructed as opposed to being a very detailed and specific estimate.

Mr. Sparber stated if we look at the twenty dollars ($20) a month rate Hillcrest would only be able to build out enough sewers to serve six (6) customers. Mr. Sparber stated essentially we would be coming from the connection point which is the southwest corner of River Road and Scott Avenue building long Scott Avenue to Wayne Road; so that one block would serve approximately six (6) customers with the average user paying approximately fifteen dollars ($15) per month to Rochelle to treat the wastewater and then there is an operation and maintenance portion of their fee that would come to the Village so you could maintain your sewers and we (Baxter & Woodman Consulting Engineers) have set that at approximately four dollars and seventy-five cents ($4.75) per month and that essentially eats up that twenty dollars ($20); so this would have to be one hundred percent (100%) grant funded which our estimate was approximately two hundred thousand dollars ($200,000) or just a little over that just to build that one (1) block of sewer; so you could fund that completely with the CDBG grant. Mr. Sparber stated essentially there would be no shortfall of funding and you should be able to do that with just the CDBG grant.

Mr. Sparber stated if Hillcrest wanted to extend the sewers another block along Scott Avenue to Errett Road that would be two (2) blocks of sewer that would serve approximately fifteen (15) customers Hillcrest would have approximately thirty-six hundred dollars ($3,600) that Hillcrest could make in an annual payment toward debt; the USDA Rural Development would be willing to provide a loan; so in addition to that three hundred fifty thousand dollars ($350,000) grant Hillcrest would be able to afford some additional improvements and pay on a loan with the additional revenue you have coming into the system. Mr. Sparber stated with those funds Hillcrest would have a slight shortfall of approximately twenty-four thousand dollars ($24,000) at the end of the day that would have to be made up most likely with an adjustment in that rate; so that forty dollars ($40) would probably go up a little bit; once again these are very high level estimates.

Mr. Sparber stated if Hillcrest wanted to extend the sewers another block along Scott Avenue to Erickson Road that would take the sewers all the way out to Hwy US 251 which would be sixty dollars ($60) a month; so that would essentially go from the southwest corner of River Road and Scott Avenue all the way to Hwy US 251 and serve nineteen (19) customers and Hillcrest would be able to afford a loan of approximately one hundred seventy-six thousand dollars ($176,000) a thirty-eight (38) year loan which would be the terms that USDA would be willing to offer; so Hillcrest would have a slight shortfall there as well of approximately fifty-two thousand dollars ($52,000) really those shortfalls are within the range of our estimate; you could be under; you could be over a little bit it is hard to say Hillcrest would have to go back and adjust that final rate.

Mr. Sparber stated what we were trying to do here tonight with this was to give you an idea of what it would take user rate wise to build out the sewers and what Hillcrest would get for that; so even at a sixty dollar ($60) a month user fee Hillcrest would only be able to serve approximately three (3) blocks worth of customers. Mr. Sparber stated the other component of this that I had talked about previously is some sort of background as to what other communities are paying for their wastewater. Mr. Sparber stated there was a water and sewer rate study that we had done in March of 2008 of some of the other communities in the Northern Illinois area: Plano has an average user fee of approximately thirty-five dollars ($35); Maple Park is approximately thirty-two ($32) dollars; Rochelle is approximately thirty-three dollars ($33); Cortland is approximately thirty-seven dollars and fifty cents ($37.50); most communities range from fifteen dollars ($15) to thirty dollars ($30) somewhere in that area. Mr. Sparber stated Polo for instance is considering building a new wastewater treatment plant their fees are somewhere around one hundred dollars ($100); so there is quite a large range of fees depending on what the community is doing. Mr. Sparber stated it is my hope that this gave you some sort of a feel for what other neighboring communities are doing and I would be happy to provide a copy of this if you would like to look at it in more detail.

President Whalen stated could you please explain the other option the Village has based on the value of the property. Mr. Sparber stated instead of relying on the rates to pay back the sewer construction; so essentially what that analysis that I did there says that we are going to charge each user per gallon of water used and you use more water you pay more and if you use less water you pay less; but those revenues will then be used to pay the loan back or the bond back that builds the system. Mr. Sparber stated a different way to structure this would be to develop a special service area which defines the properties that are benefitted and then you would issue an SSA bond, a special service area bond to actually generate the revenue and then the cost of the annual payments of that bond actually go against the tax rolls, they go on the tax rolls of the properties and you can divvy that up as opposed to how much water individual customers use you can do that by equalized assessed value of the property; so a home regardless of how much water they use if their property value is higher than they would pay a higher rate than someone who has a lower valued property through the tax evaluations; so it is a different policy of how you would distribute the cost of the sewer construction. Mr. Sparber stated you can refer to your attorney in regard to the procedures that need go into place for an SSA; but if I am not mistaken before an SSA can be formed a petition can be filed by persons affected by that to stop the formation of the SSA; is that correct.

Attorney Keller stated that is correct; special service areas require public hearings; the adoption of an ordinance and then there is a sixty (60) day waiting period after the adoption of the ordinance in which the affected residents; the property owners and the voters can if fifty-one (51) percent of both the property owners and voters petition against the SSA it cannot be formed otherwise it goes into effect. Attorney Keller stated I would just add that you could do a combination of an SSA and a usage rate. Attorney Keller stated there is some rational for charity people separately for the cost of constructing the system on one hand and the cost of the water going through the system on the other hand; they are two different categories of expenses. Attorney Keller stated you would use the SSA to pay for the construction cost; presumably you will be buying the water from Rochelle; so ah, no. Clerk Adams stated no. Trustee Stewart stated we have our own water. Attorney Keller stated oh, that is right, I am sorry, so you would also impose a fee rate per gallon of usage in addition to the SSA.

Mr. Sparber stated essentially you would separate; in the analysis that I prepared about twenty dollars ($20) of that would go towards the user fee portion of it; so that is the ongoing usage as we discussed here earlier and the capital side of it would then be funded under the SSA and correct me if I am wrong on this; but there is also a method of distributing costs based on frontage; based on how ever much sewer goes by the frontage of your property. Mr. Sparber stated I don’t think that is a really good method here; it works well when you have properties that are going to be subdivided in the future; but under this circumstance where we are talking about developed properties the frontage method doesn’t seem to make as much sense. Mr. Sparber stated if you were doing it under the EAV method a person who had an undeveloped property and you ran sewer by them and they didn’t develop it until after that the bond was paid off they would have essentially had sewer ran by their property and paid almost nothing for it and still reap the benefits of it; so a lineal foot type of dividing up the costs would make more sense if you had a lot of undeveloped property; but like I said in this case I believe almost all of the Village that would be served by sewer is pretty well built out; so the EAV method probably makes more sense if you are willing to do it that way as opposed to user fees.

Clerk Adams stated I would like to ask a question. Mr. Sparber stated sure, go ahead. Clerk Adams stated normally when we discuss water rates; water rate studies and sewer rates we talk in thousands of gallons; however you keep saying this is based on a per gallon usage; do you mean per thousand. Mr. Sparber stated yes. Clerk Adams stated I just wanted to clarify that. Mr. Sparber stated it is usage per thousand gallons. Clerk Adams stated I just wanted to clarify because if it is the other way around I will have to make some changes in the system; I am just asking for clarification; so that I know what I need to do. Mr. Sparber stated it would be per whatever unit of measure you are currently using. Clerk Adams stated thank you for clarifying that.

Mr. Sparber stated and you will see in the memo as well one of the things that if you did want to move forward with something along these lines one of the things that I caution you on is that we should look a little in more detail at the historical usage in the section that we would be attempting to build the sewer in if we are going to rely on user fees to support any type of funding because when we did the water rate increase we dropped the minimum payment off and there were some problems with the revenues dropping because there was some fairly low water usages within the Village; so we would want to put a little more study into making sure this could be supported by the normal water usage; just a word of caution.

President Whalen stated does anybody have any questions for Jim. Teri Gregory, 208 Roy Avenue, stated you were talking about certain areas; now the ones that are done are they going to be the ones that get the increase of that twenty dollars ($20) or is it for the entire community. Mr. Sparber stated our analysis is based just on the residents that would get the service; if you are not serviced by the sewer the way we did our analysis you are not paying. President Whalen stated so it is just the homeowners that are being hooked-up they are the ones that are paying. Ms. Gregory stated alright, that works.

President Whalen stated tentatively. I gave Teresa the email that I received from Brooke from CUSI we are set for February 8th and 9th they are going to work with me and Teresa and get CUSI up and running; that is the date we are shooting for to get that second piece of software; let’s hope it goes well. President Whalen stated one more thing Monday we did receive the two thousand dollar ($2,000) grant money for the website and now that is complete and I think that is it.

ORDINANCES:        Trustee McMullin stated I don’t have much; we did have a nice productive meeting last weekend on ordinances; I think. Trustee McMullin stated we are just trying to get these ordinances straightened out; they’re a mess; so basically that is all we have been doing.

FINANCE:     Trustee Sparacino stated nothing at this time. President Whalen stated Penny can you tell us where the audit is at this point. Treasurer, Penelope Payton stated John and I who works for Winebaugh & Associates, we are in the process of verifying all of the deposits. Treasurer, Penelope Payton stated we have accomplished that and now we are looking for some things that don’t appear to have been posted and we are making progress.

WATER:         Trustee Elliott stated nothing at this time.

HEALTH & WELFARE:       No report was available due to Trustee Salsbury’s absence.

STREETS:      Trustee Rhoads stated I just want to remind everybody that three (3) inches of snow there is no parking on the Village streets for the snowplowing guys to get through. Trustee Rhoads stated we are looking into getting a couple of part-time seasonal employees to help out so we don’t have our two guys out working thirty-six (36) hours straight; I think it becomes a little dangerous at that point; so we are looking at getting some help in there to help them out. Trustee Rhoads stated we are also; I have notices out for sale of the yellow snowplow that is behind the maintenance shop out here. Trustee Rhoads stated what was put in the paper is the Village of Hillcrest will be accepting sealed bids until 4:00 p.m., February 8, 2012 for one retired vehicle located at the Hillcrest Village Hall at 204 Hillcrest Avenue. The vehicle is a 1986 Ford F800, automatic transmission, two wheel drive, and ten (10) foot plow with fifty thousand (50,000) miles. The vehicle may be viewed Monday through Friday 7:00 am to noon. The Village makes no representations or warranties as to the condition of the vehicle.

All bids must be clearly marked ”Sealed Bid”. Bids will be opened at the regular monthly Board meeting on February 8, 2012 at the Hillcrest Village Hall. The vehicle will be sold “as is/where is” to the highest bidder. The Village reserves the right to reject all bids. In the event of tie bids, winner will be decided by name drawing lottery.

Bids must include cashier’s check or money order for 50% of bid, to be returned to losing bidders. Balance of payment is required from winning bidder with five (5) days from date of bid opening, and the vehicle removed from the premises within five (5) days after payment of check or money order. Failure to pay balance and remove vehicle will result in forfeiture of deposit. Vehicle can be viewed at www.hillcrestil.us. Any question please e-mail rrhoads@hillcrestil.us.

Trustee McMullin stated I have a question was there any reason why the streets were salted at 2:00 p.m. this afternoon. Trustee Rhoads stated at 2:00 p.m.. Trustee McMullin stated yes about 2:00 p.m. this afternoon; I had some residents ask me why all of the intersections were salted. Trustee Rhoads stated I have no idea; that is left up to Robert, he drives around if he feels that it is getting slick out for some reason because we do have with the warm temperatures we are having some moisture coming up through the pavement if it is getting to the shady part it could be getting slick and I am sure he is out making sure that everyone has a safe travel home; so I can definitely ask him about it. Trustee McMullin stated yes, I thought it was kind of weird.

BUILDINGS & GROUNDS:  Trustee Stewart stated we did get our grounding rods updated; so that is taken care of, hopefully. Trustee Stewart stated for a long time I have been looking into getting a drop off mailbox for the parking lot; so that you don’t have to run all the way to town to drop off your letters and President Whalen spoke with the post office and we are going to get one to be put out front and maybe she can elaborate a little more on it she is the one that spoke to the post office directly about it.

President Whalen stated where they are planning on putting the box is over by the chemical building; so that when you come in the drive there will be a blue mailbox, drop box so you can drop your local mail in there to be mailed; residences and businesses. President Whalen stated the post office will be watching us because the mail person gets paid for each stop because we are considered rural we need twenty-five (25) letters a day eventually. President Whalen stated that is about a month out; the post office is pulling up some boxes and we were able to justify the need for one here; so when they pull one up they are going to bring it out here. President Whalen stated we have also been approved to put a mailbox out here in the front in which we will get our local mail here; when she drops our mail out there then she will come in here and pick up the mail. President Whalen stated that is about a month out; keep your fingers crossed. Trustee Stewart stated the mailbox at the street is for mail being delivered to the Village and the drop box is for everyone’s use. Trustee Rhoads stated by doing that we won’t have to pay for a post office box in Rochelle anymore. Trustee Stewart stated this is a good thing. Trustee Stewart stated there is one last thing I will be looking to purchase some chairs in the near future for the office.

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

POLICE DEPARTMENT:  Chief Danny White stated for this past month we have had seven (7) calls for service; seventeen (17) traffic stops in total. Chief White stated out of that we had five (5) written warnings; twelve (12) citations and one (1) verbal warning.

CLERK’S OFFICE:   Village Clerk, Teresa Adams stated for the month of December the Clerk/Collectors office collected $38,300.17; I worked with Robert Villatoro to repair seven (7) water meters; our water meters have batteries in them that have a life of approximately ten (10) years and we are starting to bump up against that and some of these batteries are starting to fail early on us; so we are having some problems there; however we are getting them corrected. Clerk Adams stated I have responded to at least seven (7) very detailed Freedom of Information Act requests and I track all of the tickets for the police department and everything for the building department.

President Whalen stated the batteries are supposed to have a lifetime of ten (10) years. Clerk Adams stated the Village was originally told the batteries would have a shelf life of ten (10) years; however we are finding out that is not the case with all of them. President Whalen stated are they expensive. Clerk Adams stated the last time I checked on the price I believe it was twenty-five dollars ($25) per unit. President Whalen stated can we replace these under warranty. Clerk Adams stated no. Trustee Elliott stated there is no warranty on them.

ATTORNEY COMMENTS: Attorney Keller stated just a couple of things, thank you. Attorney Keller stated we did have a very productive meeting last Saturday with all of the enforcement personnel; we are making progress on the methodology of the procedure for enforcing Village ordinances. Attorney Keller stated unfortunately the Village ordinances other than the traffic ordinances and what not that the police department enforces and in connection with that I learned that Hillcrest doesn’t have a regular court date assigned to it by the circuit court; so I got on the phone and arranged for Village ordinance tickets to be heard at the regular Friday court call in Rochelle. Attorney Keller stated so any non-moving violation written on Village code violations can be heard in Rochelle on one Friday a month; Friday afternoon that will make it more convenient for the enforcement officers and anybody who receives a citation for a building code or a zoning code violation to respond to that. Attorney Keller stated I would like to ask for a short closed meeting at the end of the regular meeting to bring the Board up-to-date on a matter concerning possible pending litigation. Attorney Keller stated when we get to the end of the agenda the mayor can ask for a motion to go into executive session and that is all I have.

VISITORS:    No visitors at this time.

OLD BUSINESS:     No old business at this time.

NEW BUSINESS:    President Whalen stated the first item under new business is the oath of office for the Village Attorney. President Whalen administered the oath of office to Paul N. Keller. Attorney Keller stated I am honored.

President Whalen stated the next agenda item is the vehicle seizure ordinance. President Whalen stated where are we at with this; is it complete. Chief White stated yes it is; Attorney Keller has gone over it and everything looks good according to him we just need to move forward from here. Attorney Keller stated just by way of a little more background the new State law went into effect January 1, 2012 authorizing non-home rule municipalities to adopt an ordinance providing for seizure and impoundment of vehicles and to be able to charge a fee for the administrative costs of doing that. Attorney Keller stated the impoundment is limited to certain situations as is spelled out in the ordinance and we are following State law in adopting this ordinance.

President Whalen stated where is the number. Attorney Keller stated the ordinance number would be assigned by the Clerk. Clerk Adams stated I do that after the fact reason being that if there is if more than one ordinance that goes before the Board and the numbers have already been assigned and the Board don’t pass all of the ordinances then the numbers are out of sequence; so I assign numbers to the ordinances after they have passed.

Trustee Stewart stated what constitutes a seizure and impoundment of a vehicle. Trustee Stewart stated I know with traffic stops intoxication, drugs, but what if it was for junk vehicles. Chief White stated that would not apply. Trustee Stewart stated so it is just violations. Chief White stated just where the driver would be arrested and taken to jail. Attorney Keller stated the listed violations that are subject to impoundment are listed in section two hundred four (204) starting on page three (3). Chief White stated there are a variety of offenses listed; anything from a DUI to a drug conviction. Trustee Stewart stated I was just trying to get some general information for the residents in the audience. Attorney Keller stated you may have heard that there have been a number of class action lawsuits filed against some municipalities for having adopted this type of ordinance; but those suits all pre-date the implementation of the State law that went into effect January 1, 2012. Attorney Keller stated any ordinance can be held invalid; but the State law is backup for this one. Trustee Rhoads made a motion to approve the seizure and impoundment of vehicles. President Whalen stated does anybody have any comments or questions regarding the ordinance. Trustee Rhoads made a motion to approve the ordinance amending the Code of Ordinances to Provide for the Seizure and Impoundment of Vehicles; Trustee Elliott seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.

President Whalen stated the next item on the agenda is the ordinance for Policies and Procedures; this is a draft for everyone to review we are not asking for anyone to vote on anything this is just a draft. Attorney Keller stated I initiated this because I was hearing lots of questions about procedures that are to be followed by the Village Board during and about meetings for example how do you get on the agenda; who is in charge of putting items on the agenda; how do you call a special meeting; so this is the beginning of what I expect to turn into a longer document and I am asking for the input of all of the Trustees and the Village President about how you want to run these meetings. Attorney Keller stated you’ll notice we made one change without even asking you and that is about public comment. Attorney Keller stated the State law requires that there be a period for public comment at each meeting up to this point the public comment period has always come at the end of the agenda. Attorney Keller stated I am suggesting; it is your decision; but I am suggesting that through this policies and procedures resolution; for right now it is a resolution; but at some point it will have to become an ordinance. Attorney Keller stated I am suggesting that we define by ordinance all of these procedural steps; how do you call a meeting; how does anybody get something on the agenda; when is the public comment period; who can say what during the public comment period and other matters of that sort. Attorney Keller stated it also contains a description of the process for the filing and responding to the Freedom of Information Act and also contains a section dealing with the Open Meetings Act these are mostly informative sections. Attorney Keller stated I am sure there are other subjects that the Board would like to see addressed in writing; so that we have written rules for how things are handled administratively and procedurally regarding Village business; so I am asking for comments from you on what is written here and what is not written here. Attorney Keller stated I was going through some old ordinances today and I discovered that in 2005 an ordinance was actually adopted that deals with public comments and I am not sure it is in the ordinance codebook; but what was adopted in 2005 was an ordinance saying that there will be a public comment period; but that the Village President can deny a request to speak during the public comment section; that is not in accordance with State law. Attorney Keller stated by ordinance there is a two (2) minute limitation on timeframe in which you get to speak during the public comment section; you can change that. Attorney Keller stated you can make it plus or minus two (2) or whatever you want or you can leave it open and leave it to the discretion of the presiding officer to put time limits on public comments. Attorney Keller stated the part that bothers me the most was the section that said if a resident desires to make public comment on a topic not specifically listed on the meeting agenda he or she may make a written request to the Village President and be requested to have the topic on which he or she would like to comment placed on the agenda and a written request has to include the name, the date of the request and the topic on which the person would like to comment; well that is kind of contrary to the whole purpose of public comment. Attorney Keller stated as you see what we have done here tonight there was a public comment period at the beginning of the meeting for anybody to talk about anything that is not on the agenda; but as these items came up on the agenda; well I have talked to Kim about this I think and I hope you agree; what I think is more appropriate is to have public comment on those agenda items when those items are being discussed by the Board; so that they are in context and so that the residents that are attending the meeting have the benefit of hearing what the Trustees have to say on that subject before they make their own comments. Attorney Keller stated the way this draft resolution is written the public comment period comes at the beginning of the meeting rather than at the end; so that somebody can say their piece and leave rather than having to sit through the whole meeting to talk about something that is not on the agenda and they can talk about whatever they want to talk about; they don’t have to get permission and as items come up on the agenda then there would always be a period for the public to chime in on what it is that is being discussed. Attorney Keller stated these are all suggestions; I didn’t realize when I wrote this that there was already an ordinance on the books; actually I’m sorry this is a resolution; it is not an ordinance; so we can change this resolution by another resolution; so we don’t need an ordinance we just need another resolution when we finalize what it is that we want to say about the policies and procedures then we can adopt this in the form of a resolution and it will supersede the 2005 resolution; so I invite you all to either contact me directly or through the Village Clerk or the Village President; talk amongst yourselves; however you feel comfortable doing it; but get your suggestions; your comments and your requests in early and when everybody is satisfied with the way it is drafted then we will bring it up for adoption.

Trustee Stewart stated can I get a copy of that. Attorney Keller stated the original one from 2005. Attorney Keller stated the reason that it may not be in the codebook is because typically resolutions don’t go into the codebook. Attorney Keller stated that is all I have. Clerk Adams stated what I was just going to add to that is you are correct typically resolutions are not added to the codebook; the code company does not include the tax levies or the appropriations even though the Village provides them that is not standard procedure.

Clerk Adams stated I have a question; under item number two (2) where it says Freedom of Information Act I would like clarification on point B and point C. Attorney Keller stated sure; what would you like clarified. Clerk Adams stated it says the Village Clerk shall deliver a copy of any Freedom of Information Act request to the President and Attorney within one (1) business day of receipt. Clerk Adams stated I have always notified the Village President usually within an hour; that is not part of the State statue; it is not something that I have a problem with; but I just find it odd that all of a sudden we find it necessary to put this in writing. Attorney Keller stated well that is for the benefit of everybody; so they know what the procedure is. Attorney Keller stated that doesn’t mean that anything that you are doing now is wrong; it is just a matter of getting it down on paper.

Clerk Adams stated section C the President and Attorney shall advise the Clerk as necessary concerning the appropriate response to any Freedom of Information Act request; please explain what you mean by that. Attorney Keller stated well, as you know, typically you are already doing that; you are sending Freedom of Information Act requests, notifying me, sending me a copy of it and we usually discuss them. Clerk Adams stated that is true. Attorney Keller stated and that is all that means. Clerk Adams stated I am already doing that; I am already notifying the attorney and the president and we are all collaborating on that; but it states that you will advise the Clerk concerning the appropriate response. Clerk Adams stated that seems restrictive to me. Attorney Keller stated well, in some cases it could be there are some documents that are not subject to public disclosure. Clerk Adams stated I am aware of that. Attorney Keller stated and there is some information sometimes contained within a document that isn’t a public document; sometimes there is information or data within a document that needs to be redacted from that document before that document itself is made public. Attorney Keller stated what this is attempting to say is that the president and the attorney will have an opportunity to look at the documents that you believe are responsive to the requests and see if there is anything in there that we determine should be redacted or is not subject to disclosure; so that you are not in the position of having to make that decision all by yourself. Clerk Adams stated thank you.

President Whalen stated the last item under new business is the sale of surplus property ordinance; can you explain this. Attorney Keller stated this is the yellow bird; in order to sell that truck or any other publically owned property the Village has to find that it is what the statue calls surplus property and no longer needed for public purposes and this ordinance declares that that vehicle is no longer necessary and useful to the Village and therefore it can be sold and we are in the beginning stages of advertising it which is also specified. Trustee Rhoads stated it is not just that truck; it could be anything that we have in this Village; if we want to sell the lawnmower then we would have an ordinance to say how we would go about doing it. Attorney Keller stated that is correct; everything that the Village owns it owns as Trustee for the benefit of the public; the property belongs to the public and you are to own it as a Trustee of the public property. Attorney Keller stated in order to sell something that belongs to the public the Village Board first has to make the determination that it is no longer necessary for public use and that it is surplus. Trustee Rhoads stated okay. President Whalen stated do we. Trustee Rhoads stated public comment. President Whalen stated I am sorry; does anyone have any questions about this particular ordinance. Teri Gregory, 208 Roy Avenue, I have a question for Mr. Keller about the resolution that you had read about public comment being put on the agenda. Ms. Gregory stated three (3) years ago we were told there wasn’t any way to get on the agenda except through Teresa (Village Clerk) for her to tell the Village President; so for three (3) years we could never get on the agenda; so you are stating was there another way of getting on the agenda.

Attorney Keller stated the resolution that was adopted in 2005 says that should a resident desire to make a public comment about a topic not specifically listed on the meeting’s agenda he or she may make a written requests to the Village President to have the topic on which he or she would like to comment placed on the agenda for the following month’s regularly scheduled board meeting; so that was apparently the process that was being used. Ms. Gregory stated we had a meeting with former Village Attorney, Dennis Schumacher, back then and he had asked how; because we had a meeting here there was about eight (8) to ten (10) of us residents and that is what we were told he had asked about forms for us to fill out. Ms. Gregory stated I did fill out one (1) request to be put on the agenda the others were complaints and there was one (1) other time I asked to be put on the agenda because instead of you folks always being up against my frustration three (3) years ago it could have started; you know. Ms. Gregory stated that is what I am curious to hear because when we try to go about it the right way we couldn’t and it has been very frustrating; but anyway at least now I thank you for at least giving us the opportunity to voice our concerns and our frustrations; thank you.

President Whalen stated is there anybody else. Rose Mary Sanchez, 105 Moluf Drive, my question would be can we have a copy of that because we were denied our rights every time we tried to get up here and talk about our complaints and stuff; so I was wondering if we could get a copy of that. Trustee Rhoads stated the resolution. Ms. Sanchez stated yes, the one from 2005. Attorney Keller stated yes, through a Freedom of Information Act request. Ms. Sanchez stated thank you. Attorney Keller stated it would be easy enough to just hand it to you; but you know we need to make sure we document requests and everything that is being requested and the response to the requests to make sure that we are doing it the right way.

Deanna Rhoads, 104 Gale Court, stated I just wanted to thank you for checking into that resolution because sometimes the Board forgets that the public is the one that votes them in and when we were denied the right to come and speak to you on matters of Hillcrest and we were denied that right; you know they forgot that we voted them in and the public can vote you out, too. Mrs. Rhoads stated it is good that we have a Board now that is willing to listen to the public’s concerns and get our opinion on the matters at hand; thank you.

Trustee Stewart stated I have a comment because in general people say the Board all the time this right was also denied Board members; so I don’t want you to think that it was just the public that couldn’t get anything on the agenda we couldn’t either; so that is all I have to say.

Val Mortensen, 202 Windward Court, so to be clear you are recommending to the Board that we have the public comment portion at the beginning; but with each item on your agenda you will allow public comment. Trustee Rhoads stated just like we have been doing tonight. President Whalen stated the public comment at the beginning is for items that are not on the agenda. Ms. Mortensen stated correct. President Whalen stated and as we go through the agenda, yes. Ms. Mortensen stated okay, thank you.

Trustee Rhoads made a motion authorizing the sale of surplus property; Trustee McMullin seconded the motion.   Trustee Stewart stated is this ordinance for all municipal property. Attorney Keller stated this is the process that we have to use for this. Trustee Stewart stated I understand that, is this for all municipal property. Attorney Keller stated it is for the sale of the truck; you have to do this each time you want to sell something. Attorney Keller stated Teresa I want to make sure that you got the information on the vehicle. Clerk Adams stated I already have it. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.

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 Stewart seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously. The Board of Trustees went into executive session at 8:02 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: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously. The Board of Trustees returned to open session at 8:35 p.m. President Whalen stated no action was taken in executive session concerning personnel, pending litigation and review of executive session minutes.

There being no further business to transact a motion to adjourn was made by Trustee Rhoads; Trustee McMullin seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously. The meeting adjourned at 8:37 pm. The next regular monthly meeting will be held February 8, 2012 at 7:00 p.m. at the Hillcrest Village Hall.

 

Respectfully submitted,

 

                                               

Village Clerk



Posted: 9/14/2012 | Updated: 11/19/2012