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

03/14/12: Minutes - March 14, 2012

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03/14/12: Minutes - March 14, 2012

Village of Hillcrest
Wednesday, March 14, 2012 Meeting Minutes
7:01 p.m.


The regularly scheduled meeting of the Board of Trustees was opened with the Pledge of Allegiance. Present and answering roll call were Trustees Rick Rhoads, Jim McMullin, Rich Elliott, Randy Salsbury, Vicki Stewart, Jeanie Sparacino and President Kim Whalen. Also present were Clerk Teresa Adams and Treasurer Penny Payton.

No minutes were read and approved.

The Treasurer’s Report was presented. A motion was made by Trustee Elliott, seconded by Trustee Sparacino, to accept the report as read. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes, Stewart, yes;  Sparacino, yes. Motion carried.

The bills were presented for approval. A motion was made by Trustee Sparacino, seconded by Trustee Elliott, to approve the bills for payment. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

Chet Olson, Tom Demmer, and Li Arellano, candidates running for the Illinois State legislature, presented their platforms for the Office of Representative from the 90th District. Dan Scidmore did not attend the presentation.

Gary Welch, 117 Ramona, asked the candidates where he could find affordable insurance. He stated that he was 62 years old and couldn’t get insurance. He said individuals between the ages of 62-66 were trapped in the middle. The candidates met with Mr. Welch after their presentations to discuss the matter.

Administration Report

Jim Sparber, of Baxter and Woodman, presented information regarding two IEPA low interest loan programs. One loan which was discussed is for public water supply; the other loan that was discussed is for water pollution control. Mr. Sparber explained that  pre-applications need to be filed by March 31 of each year. He stated that filing the pre-applications does not obligate the Village to anything, but the process does get the Village of the loan list. Mr. Sparber indicated that he felt the Village should file the pre-applications for the Public Water Supply and Drinking Water Facility/Water Main Repair loans. There is a possibility that if the Village’s 2010 Census household income falls below the median household income there would be a 25% loan forgiveness. Mr. Sparber reported that $540,000 would pay for about three blocks of sewer improvements in the Village.


President Whalen discussed Chapter 70 of the Ordinance Book, Traffic/Vehicle Violations and Fines. In the process of reviewing Chapter 70 it was discovered that there were many inconsistencies with fines.  She requested that Attorney Keller be asked to review Chapter 70 before the police start issuing tickets. It was felt that the fine section needed revising. A motion was made by Trustee Rhoads, seconded by Trustee Sparacino, that Attorney Keller prepare an ordinance revising Chapter 70 to make it current. Rhoads, yea; McMullin, yea; Elliott, yea; Salsbury, yea; Stewart, yea; Sparacino, yea. Motion carried.


President Whalen discussed with the board the possibility of making space available to village residents for community gardens. She felt the detention pond area on Windover Park Drive would make a good place for community gardens. She stated that Rochelle has a very successful program renting garden plots to individuals for $15 a growing season. Trustee Salsbury stated that the detention pond was made for water. Trustee Stewart felt that the gardens should not be in a residential area. Trustee Elliott was concerned about the soil type. It is thought to be sandy without much top soil. Trustee Stewart mentioned planting trees as a wind break. Trustee Elliott volunteered to check into planting trees to act as a wind break.


Ordinance Report

Trustee McMullin reported that Dr. Tim Dayton, the traveling veterinarian, would be at Village Hall on May 5 to give animal vaccinations and pet care, and that free animal tags would be available on that day. 

President Whalen brought up the Auto Hub Sales Tax Rebate Ordinance. She stated that an ordinance should have been prepared but was not. She requested a motion to have the ordinance prepared.  A motion was made by Trustee Rhoads, seconded by Trustee McMullin, instructing Attorney Keller to prepare said ordinance. Rhoads, aye; McMullin, aye; Elliott, aye; Salsbury, aye; Stewart, aye; Sparacino, aye. Motion carried.

Finance Department

Trustee Sparacino reported that direct deposit of funds that the Village receives from the State of Illinois is now in use.      

Water Department

Trustee Elliott reported that there was a possible water main break on Wayne Avenue. He also reported that he will be getting a quote from HDWater Supply for the cost of a new handheld meter reader. 

President Whalen brought up the subject of water rates. Her concern was that businesses should be paying more for water as the businesses use more water and therefore they cause more wear and tear on the water system. The present three tiered billing system was discussed. No general consensus was reached on whether or not a higher water rate was needed for businesses. The need for another water tower and a new well were discussed. Jim Sparber of Baxter and Woodman stated that the Village should be putting $60,000 a year in reserve for water main replacement. Current reserves would not support a new water tower and well. The approximate cost of a new well/water tower is $1.7 million dollars.


Before the Health and Welfare report, President Whalen requested that the board go back and discuss the Animal Ordinance fines. She stated that the ordinance had been updated to include Section 14-31, which lists fines of $25 for the first offense. The ordinance was then rewritten to include Section 14-83, which lists the fine as being $100 for the first offense. Trustees Stewart and  Salsbury stated that the Section 14-83 was intended to be used for vicious and dangerous dogs. Attorney Keller reported that it may have been the board’s intent to have the ordinance written that way, but that is not the way the ordinance was written. He stated that Section 14-31 applies to the whole ordinance and that Section 14-83 does not say it applies to vicious and dangerous dogs, and that the section is inconsistent with Section 14-31. Attorney Keller also pointed out that Section 14-83C includes fines ranging from $250 - $1000. He stated that the board does not have the authority to levy a fine of $1000. He told the board that the language needed to be amended or one section needed to be repealed, or the whole ordinance needed to be revised. Trustee Stewart made a motion to table the discussion until the information presented could be further studied. Trustee Elliott seconded the motion. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.


President Whalen wanted to know what direction to give to the village’s animal control officer as to what fine to use when writing a ticket. Attorney Keller indicated that anyone given a $100 fine could walk into court and fight the fine. 


Health and Welfare

Trustee Salsbury reminded those present about Clean-up Day scheduled for May 5, 2012.



Trustee Rhoads reported that new equipment was purchased for use by both the Street and Water Departments. A new chop saw and a new mig welder were purchased along with a cart for the welder. The Street and Water Departments split the cost of the equipment 50/50. Trustee Rhoads also reported on the joint purchase for road salt for next winter. He stated that he asked Ben Eyester of Morton Buildings to prepare an estimate on the cost of a new salt containment building. The current building is not large enough to hold the salt order. He reported that the Motor Fuel Tax forms were being completed and would be delivered to IDOT as soon as possible for processing. There were concerns about the location of a new salt containment building. 


Buildings and Grounds

Trustee Stewart reported on the bulletin board that was placed on the south side of Village Hall to be used to display village information. She stated that lights still need to be installed so the bulletin board can be seen at night. She requested that the hole at Powers and Route 251 by Best Welding be filled. Trustee Rhoads said he would check to see if IDOT or the Village needed to fill the hole. Trustee Stewart also requested that the snow mobile signs at Linda and Errett and Linda and Powers needed to be removed. Trustee Rhoads stated he would look into this.


Clerk Report

Clerk Adams reported that the following monies were collected during the month of February: MFT $2,681.91, Sales Tax $13,336.36, Local Use Tax $1,576.02, Water and Refuse Services $13,299.20, Utility Tax $1,727.94, Building Permits $100, Animal License $10, Copy fees $5.00. She stated she filled 3 FOIA requests.


Village Attorney

Attorney Keller had nothing to report.

Old Business

A motion was made by Trustee Rhoads, seconded by Trustee Elliott, to approve the extension of liquor sales hours. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes, Stewart, yes; Sparacino, yes. Motion carried.

President Whalen requested ideas for the Policies and Procedures manual. The possibility of changing the voting order was discussed. Trustee Stewart indicated she felt there was no problem with the way the voting order was at the present time. She requested that the voting order remain as it is.

President Whalen indicated that three more job descriptions needed to be completed and turned in to her. Job descriptions for the trustee department head assignments were discussed. These job descriptions are necessary so that the next person assigned those duties will know what is expected of them.

Attorney Keller explained that there is nothing in the Village code which requires that department heads be assigned. It has become a matter of policy for the Village of Hillcrest to assign department heads, but there is no written procedure. Illinois State Statute is not helpful in determining the job description for the trustee of each department. Definition of those roles should be spelled out in the Policy and Procedures manual. 


President Whalen had questions concerning the water billing/shutoff notice procedures. She requested that the billing process be explained. She asked at what point a water shutoff notice was sent out. Trustee Elliott replied that he thought a notice went out after the bill was 30 days overdue. Clerk Adams stated that the water bills and delinquent notices were mailed out at the same time. Notice of termination was at least 30 days overdue on the date when the notice was mailed out. Residents were then given 15 additional days to pay the delinquent bill or make arrangements to do so. According to Clerk Adams, the process is regulated by the State of Illinois. Discussion of streamlining the billing process followed. The possibility of printing the delinquent bill information on the new water bill was discussed as an option for saving postage. However, since the Village water system is considered a public utility, the delinquent notice must be printed on pink paper, therefore combining the water bill and delinquent notice is not possible.


Business Registrations (not Business Licenses as listed on the agenda) were discussed. Trustee Rhoads reported that he had spoken with about a dozen businesses and those businesses were in favor of business registration. Trustee Rhoads also spoke with Brian Johnson, Ogle-Lee Fire Protection District Fire Chief concerning the need for an intergovernmental agreement. Chief Johnson indicated that no such agreement would be necessary between the fire departments. Trustee Rhoads discussed the need for a preplan visit with the businesses and informed the businesses that the fire, police, and building departments would be handling the visits. All the businesses that Trustee Rhoads spoke with were fine with the preplan. Trustee Rhoads stated he would like to work with Attorney Keller on putting together a check list for the preplan. Trustee Elliott inquired as to whether home businesses would be included in the business registration ordinance. Attorney Keller indicated that every business in the Village, regardless of what the business is, should be required to register. A motion was made by Trustee Rhoads, seconded by Trustee Elliott, that Attorney Keller draft a Business Registration Ordinance to be presented at the April 2012 meeting. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

New Business

The Police State Required Ordinance agenda item was discussed. The State Law Enforcement Standards Board notified Chief Danny White that an ordinance concerning the training of part-time police officers was required. The State Law Enforcement Standards Board stated that part-time police officers must receive the same training as full-time officers. Therefore, the Village of Hillcrest was required to adopt an ordinance to that effect. Attorney Keller stated that since the part-time officers employed by the Village were already full-time officers on another department, the ordinance should have no effect on the Hillcrest Police Department. Trustee Rhoads made a motion to approve the required ordinance, subject to the deletion of paragraph D. The motion was seconded by Trustee McMullin. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

The Zoning Board of Appeal agenda item was discussed. President Whalen asked Attorney Keller to explain the item to the Board. Attorney Keller reported to the Board that in 2003 then Village President Richard Hicks appointed the Planning Commission the additional duties of the Zoning Committee. A Zoning Committee is not part of the Village Code. The Zoning Board of Appeals is the only body that is defined in the Village code. No ordinance was adopted combining the Zoning Board of Appeals and the Planning Commission. Trustee McMullin asked why if the Village had never had a Planning Commission, why did the Village need one now. Attorney Keller replied that the Village had always needed a Planning Commission. He then explained the differences in the duties of the Zoning Board of Appeals and the Planning Commission. A motion was made by Trustee Rhoads, seconded by Trustee Salsbury, to combine the Zoning Board of Appeals and the Planning Commission into one committee. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

A motion to move to Executive Session was made by Trustee Rhoads at 9:42 p.m. Clerk Adams requested a recess, as she was not feeling well. Trustee Rhoads made a motion for a 15 minute recess before moving into Executive Session. Trustee McMullin seconded the motion. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes, Sparacino, yes. Motion carried.
Trustee Rhoads made a motion to reconvene from Executive Session into regular session at 11:14 p.m., seconded by Trustee McMullin. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

President Whalen called for a motion to approve Executive Session minutes. Trustee Rhoads made a motion to approve, but not release, the Executive Session minutes from November 9, 2011, January 11, 2012, and February 8, 2012. The motion was seconded by Trustee McMullin. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

A motion was made to adjourn at 11:16 p.m. by Trustee Rhoads, seconded by Trustee McMullin. Rhoads, yes; McMullin, yes; Elliott, yes; Salsbury, yes; Stewart, yes; Sparacino, yes. Motion carried.

Penelope C. Payton, Clerk Pro Tempore               




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