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

02/08/12: Minutes - February 8, 2012

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02/08/12: Minutes - February 8, 2012

FEBRUARY 8, 2012
7:00 P.M.

The Hillcrest Village Board of Trustees met in regular monthly session Wednesday, February 8, 2012 at the Hillcrest Village Hall. In honor of the 200th Birthday of the Boy Scouts of America Jake Rose and troop 553 lead all in attendance in the pledge of allegiance. President Kim Whalen called the meeting to order at 7:02 p.m. answering the roll call was trustees Rick Rhoads, Jim McMullin, Rich Elliott, Randal Salsbury, Vicki Stewart and Jeannie Sparacino.

President Whalen called for a motion to approve the minutes of the January 11, 2012 regular monthly meeting. The minutes of the January 11, 2012 regular monthly meeting were approved upon a motion made by Trustee Stewart; Trustee McMullin seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Salsbury – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.

Treasurer, Penny Payton gave the treasurer’s report as of January 31, 2012 the general fund had a balance of $67,665.97, motor fuel tax fund had a balance of $177,079.28 and the water fund had a balance of $293,629.15. A motion to approve the treasurer’s report was made by Trustee Elliott; Trustee Rhoads seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Salsbury – 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 January 2012 was made by Trustee Rhoads; Trustee Elliott seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Salsbury – yes, Stewart - yes and Sparacino - yes. The motion passed unanimously.



President Whalen asked if anyone had any public comment.

Teri Gregory, 208 Roy Avenue, I know it sounds like a broken record and I just have a few questions that I would like to ask some of the board members; would that be allowed. President Whalen stated I don’t see why not. Attorney Keller stated ask your questions and then the board will respond. Ms. Gregory stated first I would like to ask the board members if they read the information I gave you a few months ago and if you have any questions for me regarding that information packet that I gave you. Ms. Gregory stated anyone? Ms. Gregory stated can I ask if each one of you had a chance to read it. Trustee Rhoads stated I have. Ms. Gregory stated thank you.

Ms. Gregory stated would like to ask just a few of the Trustees that have been here prior to our new mayor, Ms. Sparacino and Mr. Rhoads; I would like to know if anyone of you Trustees have ever gone to Richie (President Hicks) himself or Pro Tem Mecklenburg and said these people want to be put on the agenda concerning this issue. Ms. Gregory stated I know you didn’t get to be put on the agenda either; but as Trustees couldn’t you stand up to this and tell him you are just a man, these people have the right to be protected and to be heard. Ms. Gregory stated I would just like to know if Mr. McMullin. Mr. Elliott, Mr. Salsbury and Vicki have you ever said anything to either former Mayor Hicks or Pro Tem Mecklenburg. Trustee Stewart stated yes, I have several times. Ms. Gregory stated thank you. Trustee Stewart stated but we were also lead to believe that we didn’t make the agenda; we were not the last persons to decide that. Ms. Gregory stated he was the ultimate. Trustee Stewart stated yes. Ms. Gregory stated so then even when Pro Tem Mecklenburg. Trustee Stewart stated even though I knew we had rights to be asked to be put on. Ms. Gregory stated Mr. Salsbury. Trustee Salsbury stated I don’t think I will comment at this time. Ms. Gregory stated okay, that is fine. Ms. Gregory stated Mr. Elliott. Trustee Elliott stated I don’t believe I ever did. Ms. Gregory stated Mr. McMullin. Trustee McMullin stated no comment. Ms. Gregory stated okay, that is fair also. Ms. Gregory stated because the fact of the matter is don’t you think that our rights were being violated by not; I have read several of the minutes from the past meetings it only goes back to 2007 I am telling you I read every one of them and there was several times that it was brought up to be put on the agenda.

Attorney Keller stated Ms. Gregory I am going to have to jump in here. Ms. Gregory stated yes, sir. Attorney Keller stated and tell you that I would hate to hear one of the Trustees say yes, we violated your rights. Ms. Gregory stated oh, I understand that. Attorney Keller stated thank you. Ms. Gregory stated right, I am just voicing something that; it has been five and a half years we have been trying and the last three extremely hard and we only get a chance to speak now because we have some new council here and a new mayor. Ms. Gregory stated because anywhere we turned we were shut down and because we are trying to find out how it was even allowed; in the past we were intimidated and harassed and I won’t go into detail because there are other things that I know are on your agenda tonight; but the fact is that anyone of you board members was living in this property and this was brought in to your property I don’t think it would have been so quiet. Ms. Gregory stated I think one of you would have stood up and said hey this is my property you are messing with here; I am just stating with you being Trustees and having a voice the for people the people we feel that we were really let down by not ever being able to address this issue and especially for the last three and a half years. Ms. Gregory stated like I said in the past we gave them those two years because we were told it was temporary anywhere we turn, I have had conversations with several of you; but the fact is that is has disrupted our lives there is no happiness there to tell me to move is wrong I shouldn’t have to move to be able to enjoy my home and neither should the other residents. Ms. Gregory stated would anyone like to ask me how is have had to live down there with the noise and the dust; there is no happiness. Ms. Gregory stated each one of you get to go home and enjoy your property; in the summers you get to go outside and enjoy whenever you have your barbeque, your friends and family over; we don’t get that option, thank you.

Dale Meyers, 209 Powers Road, just a quick question regarding later on under the new business on business license are we going to be able to comment at that time or do we have to right now. President Whalen stated you can talk right now; but if it on the agenda you have to wait until it comes up on the agenda. Mr. Meyers stated I can wait I was just curious if we could comment later on. President Whalen stated yes. Trustee Rhoads stated this is open comments for anything that is not on the agenda. Mr. Meyers stated oh, okay, sorry. President Whalen stated that is okay.

President Whalen stated I would like to ask for a motion to move the item the extension of the package liquor sales hours in new business up to right now because the gentlemen that came this evening and would like to talk to the board about this has to leave so we need to make a motion. Trustee Elliott stated I make a motion to move the package liquor sales hours up to present on the agenda; Trustee Sparacino seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Salsbury – yes, Stewart – yes, and Sparacino – yes. The motion passed unanimously.

Mr. Bob Messer stated he managed the Casey’s here in town and what I would like to propose is to move the sale of liquor from 7:00 am Monday through Saturday to 6:00 am and Sunday to 6:00 am both going until 11:00 pm the reason for this is because Rochelle passed their seven day license and it is affecting our sales drastically on Sunday’s. Mr. Messer stated roughly I did a one month study from last year to this year and it is costing us about thirty hundred dollars in sales and I feel that by moving it up like this especially on Sunday’s we should be about to recoup I am hoping about thirty to forty percent of that loss immediately and then during the summer with the earlier hours I am thinking that we should not see a whole lot of chance because of the summer traffic.

President Whalen stated does anyone have any questions. Trustee Sparacino stated now are these the normal hours Monday through Saturday. Mr. Messer stated right now it is 7:00 am to 11:00 pm Monday through Saturday and 10:00 am to 11:00 pm on Sunday. Trustee Sparacino stated okay, so you just need the morning hours changed. Mr. Messer stated I need the morning hour changed from 7:00 am to 6:00 am Monday through Saturday and from 10:00 am to 6:00 am on Sunday. President Whalen stated is there anything else. Trustee Rhoads stated is there any discussion. Mr. Messer stated that is it. President Whalen stated is there anyone else here that wanted to talk. Attorney Keller stated is that what Rochelle’s hours are. Mr. Messer stated Rochelle’s sells at 11:00 am; we are selling at 10:00 am on Sunday’s we like to move this up to 6:00 am to try to recoup some of the losses. Attorney Keller stated we don’t match Rochelle’s hours. Mr. Messer stated no, we don’t. Trustee Rhoads stated well, we didn’t match Rochelle’s hours before; did we. Mr. Messer stated no, we didn’t. Trustee Rhoads stated no, because Rochelle didn’t have Sunday liquor sales.

An audience member asked Mr. Messer how much sales tax would go towards the Village in terms of revenue. Mr. Messer stated thirty-five hundred dollars in sales at one percent and during the summer sales will be even higher. President Whalen stated can you talk into the microphone. Mr. Messer stated you are losing thirty-five hundred dollars a month now and in the summer time that could easily be five to six thousand dollars. Trustee Salsbury stated that is just in liquor, there is always. Trustee Rhoads stated gas. Mr. Messer stated and that is not counting the pop and chips that they buy when they come through. Trustee Salsbury stated when you say liquor you don’t sell liquor. Mr. Messer stated no, it is just beer. President Whalen stated can I ask for a motion to have the attorney prepare the necessary paperwork so that we can present this next month. Trustee Rhoads stated I make a motion that we have the Village Attorney prepare the appropriate paperwork and then bring it to next month’s meeting. Trustee Stewart stated does this have to be per case situation. Trustee Elliott stated no, just as a Village ordinance. Trustee Stewart stated because I see. Attorney Keller stated we can make a motion and discuss it. Trustee Elliott stated I’ll second it. Trustee Stewart stated because I am sure she is probably wondering the sale is it just going to be affecting Casey’s. Trustee Sparacino stated all. Trustee Stewart stated I see. Trustee Stewart stated I just want to make that clear. Attorney Keller stated so the proposed new hours will 6:00 am to 11:00 pm every day. Mr. Messer stated correct. Attorney Keller stated is that the motion, okay.

An audience member stated now I have to speak because this is. Trustee Rhoads stated Beth. Trustee Stewart stated you have to come up. Beth Kvool stated I am Beth Kvool of Chelle Crest Family Bowl now is this going to be 6:00 am just carry out or is my bar going to be able to open up at 6:00 am and be open till 2:00 am; so that is a second thought. President Whalen stated what time do you open now. Ms. Kvool stated 10:00 am because that is what time we can start selling; so you guys have to think about when you are doing this ordinance if that is going to include my bar opening at 6:00 am. Trustee Rhoads stated if we do change it are you going to open your bar up at 6:00 am. Ms. Kvool stated I will probably open at 8:00 am or 9:00 am, possibly. Trustee Salsbury stated and does that include liquor. Ms. Kvool stated yes. Trustee Elliott stated then that would be consumption on premises, not just package sales. Ms. Kvool stated that would be sitting at my bar drinking and not carrying out. Trustee Stewart stated plus with her (Ms. Kvool) it is already till 2:00 am; so if you put 11:00 pm that limits everybody else. Trustee Elliott stated he (Mr. Messer) is asking for package sales. Trustee Rhoads stated right. Trustee Elliott and she (Ms. Kvool) is asking for consumption. Ms. Kvool stated and see I do both. Trustee Stewart stated it can actually be able to go all under one. Ms. Kvool stated no, it is two separate licenses. President Whalen stated you open at 10:00 am now. Ms. Kvool stated yes, because that is what time we can sell package. President Whalen stated is that Monday through Saturday or is that just Sunday; what are your hours throughout is it the same for seven days. Ms. Kvool stated just Sunday we open at 10:00 am because we can start selling at 10:00 am. President Whalen stated okay. Ms. Kvool stated the other days I don’t open until 3:00 pm, Saturday’s I open at 1:00 pm; but we can start selling at 10:00 am we are not usually open before 1:00 pm. President Whalen stated but it is 10:00 am throughout the week you just choose not to; you just open up at 3:00 pm. Ms. Kvool stated right. Trustee Elliott stated there has to be some way.

Trustee Salsbury stated I make a motion that we keep this just to package. Ms. Kvool stated so anyone who comes into my bar I have to say you can’t sit at the bar; but you can take it out. Trustee Salsbury stated correct. Ms. Kvool stated yeah, no, nice try. Trustee Stewart stated I think I would rather have them in the bar then driving. Ms. Kvool stated that is right; they will sit in my parking lot and drink it in their car.

Trustee Elliott stated I seconded. Clerk Adams stated there was a motion and a second. Trustee Elliott stated and then he (Trustee Salsbury) made a different motion. Attorney Keller stated he (Trustee Salsbury) is amending the original motion. Trustee Rhoads stated okay. Attorney Keller stated he (Trustee Salsbury) is making a motion to amend your motion which requires its own second. Trustee Rhoads stated I can’t do that can I. Attorney Keller stated you can. Trustee Rhoads stated okay, I’ll second it. Ms. Kvool stated because my package is in my bar; so if you want to get technical; you really need to think it through. Trustee Rhoads stated well, they just can’t open up. Ms. Kvool stated okay, so they will just go in my parking lot and sit and drink. Ms. Kvool does that make sense; that is kind of asinine. Attorney Keller stated I am not sure we are clear on this; if the amendment passes then that would change the packaged liquor sales from 6:00 am to 11:00 pm every day then you could sell package out of the bar; you could open the building and you could sell packaged goods up until the on premises time clock kicks in. Trustee Rhoads stated we haven’t sat down to look at the consume portion of this, it was just the package goods. Ms. Kvool stated okay, you need to. Trustee Rhoads stated if you would like to put something together and get with us we would be more than happy to look at it; but right now we are sitting here scratching our heads trying to go through here as fast as we can; but if you can bring something next month we will definitely look at it. Ms. Kvool stated okay. Trustee Rhoads stated get it to us a little early so that we can study it; would that work for you. Ms. Kvool stated sure.

Trustee Rhoads stated well, his (Mr. Messer) right now is just package goods. Trustee Rhoads stated you would be able to open up and sell package goods if we pass this next month; then we just have to wait another month if we decide to make a motion to move ahead the hours for consumption part. Trustee Stewart stated I think it would be so much easier if we are going to open this up so that they are going to sell alcohol whether it be on the premises or out the door at 6:00 am it should be that way across the board. President Whalen stated I agree. Trustee Elliott stated well, but right now she stays open on weekends later than the 11:00 pm hour that we have because that is allowable. Trustee Stewart stated he can close when he wants to our limit is still 2:00 am. Trustee Elliott stated so she can stay like she has been. Trustee Rhoads stated can I, so what we are saying is that we are just wanting to move ahead the hours to begin to 6:00 am nothing about the closing just the hours to be moved ahead to 6:00 am Monday through Sunday. Trustee Stewart stated yes and nothing else changes. Trustee Rhoads stated okay, I see what you are saying.

Clerk Adams stated are we amending this motion again. Trustee Rhoads stated can we just start again from scratch; I tell you what I make a motion that we move ahead the sale of liquor in the Village of Hillcrest to 6:00 am Monday through Sunday to include package and consumption; Trustee Stewart seconded the motion. Vote as follows: Rhoads – yes, McMullin – yes, Elliott – yes, Salsbury – yes, Stewart – yes and Sparacino – yes. The motion passed unanimously.



ADMINISTRATION:  President Whalen stated software is still on schedule for next week Wednesday and Thursday we should have that installed and at least we are starting; that is it for now.

ORDINANCES:  Trustee McMullin stated nothing at this time.

FINANCE:     Trustee Sparacino stated that Treasurer, Penelope Payton had a wonderful idea I know it is only February; but our budget will be due soon and she had an idea that herself, myself and one Trustee at a time could get together at a time to get together on a Saturday and go over our individual budgets to kind of map it out if you have question; if you have ideas you would like to see accomplished. Trustee Sparacino stated any questions for us as far as auditing, how you should set up your budget, what you should prepare for the next fiscal year; so that we can get everything covered and kind of put together before we start having meetings for our budgets; so that things run smoother ad quicker. Trustee Sparacino stated so if you want to give it some thought we have some Saturday’s that we could get together and work some things out. Trustee Sparacino stated think about doing that instead of a bunch of special meetings we might be able to work everything out and just have one special meeting to finish it all out and let either Penny or myself know; I think it would run smoother and that is all I have.

President Whalen stated do we have the direct deposits, you know we talked about that. Treasurer, Penelope Payton stated that still has to be done.

WATER:  Trustee Elliott stated we are going to try to start dividing up the Village into sections; so that we can start replacing batteries in the MXU’s this summer. President Whalen stated are we going to replace all of them. Trustee Elliott stated I want to replace them a section at a time and I would like to get started on that.

HEALTH & WELFARE:       Trustee Salsbury reported that there was no new business to report.  

STREETS:      Trustee Rhoads stated last month we put out to bid for the Ford plow truck out back and we received no bids on it; so we will be exploring our options and hopefully have something put together for next month’s meeting. Trustee Rhoads stated we have been very fortunate with the very low snow unfortunately we have salt coming and I am working with our engineer about getting a larger salt containment building and then also looking into what we are going to be doing with the streets for maybe tar and chipping them in the spring; so we are looking at using some of the Motor Fuel Tax money for that and some other things that he is going to get me some information on; stated hopefully we will be able to do that. Trustee Rhoads stated other than that Robert has been working diligently and a question came up at the last meeting about him putting down salt when there was nothing on the street he had looked at the weather report he is very in tuned to the radar and all of that and he was seeing that we were going to get snow at two in the morning; so he put down the salt only at five intersections which are the ones that are like Hillcrest and Wayne where you have the downhill some people sliding through 251 and all of the entrances and those were the only ones that he did that way he wouldn’t have to get out as early; there again this is saving us money if he has to go out at 4 a.m. instead of 2 a.m. that is savings us two hours of overtime of him because it is done during his working hours. Trustee Rhoads stated to answer your question he did have a very good reason and it did save us some money; so he is doing a great job.

BUILDINGS & GROUNDS:  Trustee Stewart stated I don’t have a lot going on as you can tell from the new conference room back there we have a new door and I am going to try and replace a lot of the doors because they are all hollow core doors and I will be replacing them with solid wood it looks better and it is better for sound. Trustee Stewart stated other than that not a whole lot is going on. Trustee Stewart stated I am glad you brought up the salt bin though because we have been talking about this for a while and we definitely need a new place to put the salt out there and a building for the fuel tank, too other than that there isn’t anything else going on.

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

CLERK’S OFFICE:   Village Clerk, Teresa Adams stated for the month of January the Clerk/Collectors office collected; $2,789.04 for Motor Fuel Tax; $6,466.85 for Local Income Tax; $13,247.44 for sales tax; $1,565.20 for Use Tax; $15,539.07 for water and refuse; $100.00 for water deposits; $25.00 for applications fees; $1,919.72 for utility tax; $2,265.25 for Comcast Franchise Fees; $450.00 for police ticket; $10 for animal licenses; $15.30 for copy fees and $2,000 for a grant for the website for total of $46,392.87. Clerk Adams stated the first quarter we took in $ 152,636.09; the second quarter we took in $ 138,784.67. Clerk Adams stated I have filed three Freedom of Information Act requests for January; I am actively working on a detailed request at this time, I have responded to fifty emails from President Whalen and twenty-one emails from Mr. Keller. Clerk Adams stated I have been working with Trustee Elliott and Robert Villatoro we have repaired one water meter and buffalo box. Clerk Adams stated I would also like to announce that February 15th and 16th the office will be closed due to software implementation and training and actually the software is already installed what they are doing is CUSI has pulled some data they need to make some modifications to the data then they send it back to us and we have to proof the information and then we do the training; the installation is done.

President Whalen stated actually the installation is on your machine, the installation on the 15th will be on the server and it is a new install. Clerk Adams stated well, they have to update my computer; mine has been installed. President Whalen stated it is going to come off of there and it is going on the server and eventually Penny’s will go on the server and the access will be to the server this will prevent in the event that your machine or Penny’s machine should break the software does not have to be reinstalled; it sits on the server. President Whalen stated it is basically a shortcut because you are getting, you and Penny both will be communicating with the server so it will not be installed on your machine. Clerk Adams states so CUSI is going to take it off of my computer. President Whalen stated yes. Clerk Adams stated okay. President Whalen stated and eventually both machines will be communicating with the server; your PC will no longer have to be on for Penny to work. Clerk Adams stated as long as we have LOCIS it will have to be on. President Whalen stated as long as we have LOCIS right; the problem with this is the way it is set up that if your machine dies Penny cannot work they both have to be independently operating. President Whalen stated that is the goal; that is what will actually happen on the 15th. President Whalen stated not the LOCIS, not yours. Clerk Adams stated LOCIS is not an issue right now. President Whalen stated it is going on the server; but that’s okay, that’s okay.

President Whalen stated Village Attorney. Attorney Keller stated thank you, Madame President. Attorney Keller stated I have a report and then I am going to ask for your direction as to what to do about this issue. Attorney Keller stated in going through some of the important documents that are at play right now I had a meeting with Jim Sparber; I reviewed the wastewater conveyance and treatment agreement between the Hillcrest and Rochelle that is dated April 1, 2011. Attorney Keller stated there are some provisions in that agreement; I assume that you are all more or less familiar with what that agreement is about. Attorney Keller stated there are some requirements in that agreement that Hillcrest is supposed to comply with. Attorney Keller stated there is a provision that says that 120 days after the date of this agreement which was August 1, 2011; Hillcrest shall enact an ordinance imposing school impact fees on new residential development to be located within Hillcrest in form and substantially identical to the Rochelle Municipal Code. Attorney Keller stated secondly within 120 days after the signing of the agreement with Rochelle Hillcrest shall adopt a resolution governing the requirement of transition fees in an annexation agreement for new development to be located within Hillcrest which shall be substantially similar to the Rochelle resolution. Attorney Keller stated thirdly within 120 days after April 1st Hillcrest shall take all steps necessary to amend the development agreement by and between Hillcrest and Burke Farms, LLC dated August 30, 2007 the amended development agreement shall require Burke Farms, LLC to pay school impact and transition fees in accordance to the fee schedule attached to the entire document. Attorney Keller stated so far as I can tell Hillcrest has never enacted any of these agreements; it has not adopted the school impact fee ordinance; has not adopted the transition fee resolution and has not adopted the amendment to the Burke Farms development agreement.

Attorney Keller stated I have spoken with the City Attorney for Rochelle; it is his view that if Hillcrest were to request from Rochelle an extension of time to comply with these requirements that Rochelle City Council would look favorably on that and grant an extension. Attorney Keller stated it also seems as if there may have been some change in circumstances since last April that may make some of these requirements unnecessary I need to understand better what this is all about and so I will talking with Mr. Cooper in Rochelle and whoever he refers me to; the City of Rochelle understands what it is that Rochelle want Hillcrest to do in regards to adopting these ordinances, the resolution and the amendment to the Burke Farm development agreement; so I am asking for your direction as to whether or not you want me to approach Rochelle through the Village President communicate with the Mayor of Rochelle for a request to the Rochelle City Council for an extension of time for us to comply with these requirements. Attorney Keller stated we don’t want anything falling through the cracks.

Trustee Stewart stated I personally feel that you need to definitely speak to them to get the full picture of what we are actually looking at and to let the board members become more aware of exactly what it is they are looking for also; so it would be I think in everybody’s best interest that you were able to do this. Trustee Stewart stated I still don’t personally feel that we are remotely ready to do sewer at this point; but we do need to pursue what is going on with this agreement and why was it not taken care of, why these things were not done, why they weren’t told to the board members exactly what was going on. Attorney Keller stated well, I can’t. Trustee Salsbury stated excuse me, when I read over that what I got out of that is if we didn’t do it within a certain amount of time constraint then it was pretty much because I voted it down I was hoping it was over to begin with so I kind of thought that is the way it was. Trustee Stewart stated it would just die right there. Trustee Salsbury stated well, then the agreement wasn’t an agreement anymore I mean since we didn’t act on it and I may be wrong I may have misread something or other; but that is my thought that is why we never did anything because I didn’t want it to begin with I voted against it so I hoped it would just. Attorney Keller stated well, I. Trustee Salsbury stated can you see where I am coming from. Attorney Keller stated yeah, I see your point; however the wastewater agreement between Rochelle and Hillcrest was actually approved and it is signed and so those requirements that Hillcrest take these three steps are in effect and by not doing them does not invalidate the entire agreement. Attorney Keller stated I don’t know what effect it does have; but it doesn’t mean that the agreement itself is entirely invalid. Attorney Keller stated I have to do some more research on this talk to Rochelle some more and get more information; but I would not agree that failing to take these three steps would invalidate the entire agreement. Trustee Salsbury stated I am thinking that Counties pretty much across this area are all working with the school districts to get building back they are trying to get rid of impact fees. Attorney Keller stated that is something that Mr. Cooper mentioned to me; school impact fees may in fact not be a big deal; but the sewer contract requires that Hillcrest takes these steps. Attorney Keller stated if Rochelle decides that it is no longer necessary or appropriate that Hillcrest take these steps than Rochelle can tell Hillcrest that we no longer have to do it; but I want to make sure that we comply with the requires of the agreement as it is presently written. Attorney Keller stated I may come back to you and tell you that Rochelle has decided it doesn’t care; I don’t know I have got to find out; but I don’t want to just leave it ride and not do what the contract says we are supposed to do because at this point I can’t say what the consequences would be. Attorney Keller stated so what I would be looking for would be concurrence from the Board that the Village President and I be directed to work with Rochelle to try and straighten this out and that doesn’t require any kind of a motion or vote it is just your agreement your direction that we do that. Attorney Keller stated the minutes would then reflect that the Village Attorney and the Village President were directed to address these matters with the City of Rochelle unless there is some objection. Trustee Salsbury stated if we go ahead and let you do it; at what cost is this part of the agreement or is this extra. Attorney Keller stated yes. Trustee Salsbury stated alright as long as we are clear on that. Attorney Keller stated this is all part of that. Attorney Keller state that is all I have.

Note: Trustee Stewart left the meeting at 7:50 p.m. and returned to the meeting at 7:55 p.m.

President Whalen stated is there anything the public would like to say while we are on pause.

VISITORS:    No visitors at this time.

Mr. Dale Meyers approached the speaker’s podium and said can I make a statement. President Whalen stated yes, you may. Mr. Meyers stated I am Dale Meyers I am on the GREDCO board in Rochelle; we would like to get together with all of you sometime in the future to discuss some of the future development that maybe we can help you with or we can help each other with so rather I can tell you now so you can have an idea we could get together and have just an open meeting just to discuss different issues what we can bring to the table what you can bring to the table and even with this sewer thing how can we help you with that. Mr. Meyers stated maybe within the next couple of weeks we could get together maybe on a Saturday or something like that. Mr. Meyers stated are there certain days that work better for you guys. Mr. Meyers stated when we do this in the City of Rochelle we do this early on a Saturday morning; nothing is voted on it is just a case where we talk about issues and say some solutions; but nothing is voted on and it is open to everyone. President Whalen stated can we do that. Attorney Keller stated it would be public meeting if you have a quorum it would have to be posted. Mr. Meyers stated it is a public meeting; but it is just an information thing. Mr. Meyers stated it has worked out real well with Rochelle. Mr. Meyers stated what we want to do is get everyone together instead of having Rochelle here and Hillcrest here; we can look at it because GREDCO stands for the greater Rochelle area it is not just for Rochelle. Mr. Meyers stated I think we can look at some of the things that you are talking about here and we might be able to bring some ideas to you. President Whalen stated thank you.


OLD BUSINESS:     President Whalen stated for old business we have the policy and procedures that we were given last month the draft. President Whalen stated have you had a chance to look at it any suggestions, any recommendations. President Whalen stated number two the Freedom of Information Act; I took my exam on-line and one of the questions was if the person that if you have one person that is in charge of the Freedom of Information Act requests and they are on vacation and they are gone for ten days and they come back it is not acceptable that it didn’t get done; so my recommendation is that we have a back-up and I am more than willing to be the back-up unless somebody else would like to be the back-up that is fine by me, too. Trustee Rhoads stated I think that it only makes sense that the Village President be the back-up because you have access to everything that would have to go with that report; so I would like to change that in there. Trustee Stewart stated is it necessary to have a back-up on this. Trustee Salsbury stated Teresa is the only one. Trustee Rhoads stated so we would have to put in there that the. Trustee Stewart stated and is it standard to have a back-up. Attorney Keller stated yes. Clerk Adams stated it is usually a deputy clerk. President Whalen stated I am sorry, what. Clerk Adams stated I said it is usually a deputy clerk. Trustee Rhoads stated well, what if we don’t have one. Trustee Stewart stated which we don’t have. Clerk Adams stated no, we don’t. Trustee Salsbury stated Vicki why don’t you do it. Trustee Stewart stated you can’t hold two positions.

Attorney Keller stated on this topic this is side bar apropos the Public Access Counselor has just issued a new binding opinion about this situation in which a relatively small town, smaller than Hillcrest some citizen in town happened to be walking down the sidewalk and handed the Village President a Freedom of Information Act request the Village President refused to accept it and said that the requestor had to put the written request into the U.S. mail and have it delivered by mail unfortunately nobody checked the Village mailbox frequently and everything that went into the mailbox tended to sit there until somebody got around to opening it and the complaint to the Public Access Counselor was that this was sort of a catch 22 situation; if you can’t give it to a Village Official, there is a Village Hall but it is never open so you can’t walk into the Village Hall and drop it off, you can’t hand it to the Village Official and if you put it in the mail it is likely to sit there for days at a time and not get responded to within the five days as the statue requires; so the person making the request trying to hand his request to the Village President filed a complaint with the PAC (Public Access Counselor) and the PAC issued a binding opinion which they don’t usually do and said this is nuts. Attorney Keller stated of course, a Freedom of Information Act request can be handed to any Village Official personally delivered; particularly when the mailbox doesn’t work and the Village Hall is never open. Attorney Keller stated but then and this is the important part it is the responsibility of who ever physically receives the Freedom of Information Act request to immediately deliver it to the official Freedom of Information Act officer which in our case is the Village Clerk or the back-up, the Village President. Attorney Keller stated that is one of the points that is covered in this draft policies and procedures, any person who attempts to deliver a Freedom of Information Act request to any other Village Official shall be instructed to deliver the request to the Clerk; that is going to have to be changed, shall be instructed to deliver the request to the Clerk; but if the person insists on delivering it to you, you are required to accept it and you then deliver it to the Village Clerk, you the elected officials; just an FYI.

Trustee Stewart stated expect that doesn’t apply to us we have a Village Clerk that is here all of the time, pretty much. Trustee Elliott stated what if she is on vacation and they want to walk up and hand it to one of us. Attorney Keller stated I am just saying if it happens here is what you do. Trustee Stewart stated and we are going to have a mailbox right outside the door and it will get regularly looked at nobody will have to do down town to check it out. President Whalen stated just in case it happens.

President Whalen stated job descriptions; I know I got a couple of them and I am trying to put them all together for the policies and procedures. President Whalen stated for those of you that have not turned in job descriptions. Trustee Rhoads stated here teacher. President Whalen stated let’s make sure that we get them in you two, also. Trustee Sparacino stated I sent you one. President Whalen stated you did. Trustee Sparacino stated email. President Whalen stated okay.

President Whalen stated the work order process we have this already in place and I just want to make sure for our policy that it is in place. President Whalen stated if anybody has something to do for Robert you got that sheet and that needs to be complete when pulling him off of his regular job; if he is supposed to be out doing something and there is another tasks currently the handbook states that all employees are under the direction of the President and a Trustee needs to inform the President and it has to be approved because he is being pulled off. President Whalen stated if it were snowing or if he were mowing or if he were doing something if it is something outside of just his normal tasks that he normally does please use the form and then let’s go through the proper steps. President Whalen stated I don’t want anyone feeling like they have seven people to report to or seven bosses that’s very, very difficult.

Trustee Rhoads stated are you talking about the book on the counter in there. President Whalen stated I am talking about the book that I moved into the conference room because it was in; the location it was in Robert couldn’t get to it. President Whalen stated if you put something in it for him to do and Teresa was sick that day or went home; whatever, the door is locked and he can’t get to it; so it now in the conference room everybody that door is open Robert’s got a key there and everybody has been offered a key if you want a key to get into the conference room and into the building; so that if you have something that needs to be done; let’s go through those steps, okay. President Whalen stated that one is already in there.

President Whalen stated I would like to put into the policies and procedures that there is no personal cell phone usage during business hours. Trustee Rhoads stated for employees. President Whalen stated for employees, yes, Robert has his cell phone so if there is an emergency people can get ahold of him and Teresa is in front of a phone ninety percent of the time where she can be reached; I would like to put that in there. President Whalen stated we all need to be in agreement on how this works.

Attorney Keller stated well, eventually the whole thing will be submitted for approval by the entire board; so we’re just collecting suggestions, recommendations and ideas. Trustee Stewart stated so basically that rule only affects Teresa and Robert. President Whalen stated no. Trustee Rhoads stated and Penny. Trustee Stewart stated nobody calls you. Treasurer, Penny Payton stated ouch, right through the heart. Trustee Stewart stated I am kidding; okay those three. President Whalen stated any employee, the snow plowers the extra help that we have when they are out working no cell phones when they are out plowing it’s for safety. Trustee Rhoads stated and it is not unusual for employers to have that in their rules. Trustee Stewart stated I know. Clerk Adams stated okay, when you Board Members call me on my cell phone I am not answering it. Trustee Salsbury stated its business. Trustee Rhoads stated correct. Trustee Salsbury stated it will be business when I call. Clerk Adams stated well, that is fine; but I can’t answer it you are going to have to call the main line. President Whalen stated use the business phone. Trustee Stewart stated I called twice today and got the fax. President Whalen stated I don’t know why that does that; that is going to be fixed, too.

President Whalen stated I don’t know if this goes under policies and procedures; but I am going to throw this out there anyway and lets get peoples thoughts on this


NEW BUSINESS:    President Whalen stated the first item under new business is

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,


Teresa J. Adams,

Village Clerk



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