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Home My WebLink About11-19-2019 Council Minutes City of Canton Council Meeting The Donald Edwards Way (Historic Depot) Canton 1161520 November 19, 2019 6:55PM A regular meeting of the Council meeting was held on November 19, 2019 (6:55) in the Council Chambers,The Donald E. Edwards Way-50 North 4th Avenue, Canton, Illinois 61520. STAFF IN ATTENDANCE Mayor Kent McDowell, Attorney Chris Jump, City Clerk Diana Pavley Rock, Treasurer Crystal Wilkinson, Public Safety Director Richard Fairburn, Public Utility Director Joe Carruthers, System Maintenance Director Dash Wilson, City Engineer Keith Plavec MEDIA IN ATTENDANCE: Daily Ledger VIDEO SERVICES BY JOE GINGER PLEDGE OF ALLEGIANCE OPENED THE MEETING INVOCATION- Mayor McDowell PUBLIC PARTICIPATION Julie Henderson was at the meeting to present her request for a road closure on Monday, November 25, 2019 from 5:OOam to noon for the First Baptist Church Food Pantry. The event is for the Thanksgiving basket distribution. It is expected that over 300 people will come to pick up baskets from the church. The closure would be on 3rd Avenue between Elm Street and Chestnut Street. Alderman Fritz recommended closing the road due to safety and traffic control. Public Safety Director Richard Fairburn will work with the church to close the road. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew ADDITIONS OR CORRECTIONS TO THE AGENDA Alderman Nelson said he would strike item #2 from his agenda. This is tabled to the next meeting. Alderman Nelson said he would also like to move his agenda to the end of the meeting. Alderman Fritz said he would like to strike#6 under the consent agenda. Motion and second were made by Aldermen Nelson/Ryan Mayhew to approve the corrections. The motion carried by voice vote and was unanimous. CONSENT AGENDA APPROVAL OF THE COUNCIL MEETING MINUTES HELD NOVEMBER 5, 2019 BILL LIST DISBURSEMENT REPORT TREASURER'S REPORT COMPTROLLER'S REPORT POLICE REPORT(STRIKE FROM THE CONSENT AGENDA) FIRE REPORT PUBLIC WORKS REPORT Motion and second were made by Aldermen Nelson/Lovell to approve the consent agenda as presented and striking item #6. The motion carried by voice vote and was unanimous. COMMITTEE REPORTS: FINANCE ALDERMAN RYAN MAYHEW, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON RELEASE AND/OR FORGIVENESS OF HOME REPAIR MORTGAGE AND RELATED PROMISSORY NOTES OF WILLIAM B PORTER AND GENEVIEVE 1 PORTER, FORMERLY OF 5601ST AVENUE, CANTON IL 61520 Attorney Jump explained that this property is in the process of being sold. In the early 1980's the City was issuing home improvement loans. There is a mortgage and two promissory notes associated with the mortgage. This was looked into under Mayor Meade's administration by Attorney Peterson. Peterson prepared some research for council on what happened to the loans. Both the original debtors are deceased and a family member owns the home. The City has a mortgage that was recorded in the 80's in connection with the home improvement loan. There is still a lien on the property. During the course of the title search the mortgage appeared and it has not been released. One of the amounts is $4,000.00 and a search of City records does not show where this amount was paid. Alderman Ryan Mayhew asked if the City has ever reached out for payment. Attorney Jump said he believes there were efforts made back in 2001. There is a promissory note for $4,000.00 and a second for$768.00 that ties back to the original home repair loan. The City could ask the current owner to pay the fee to release the loan. Motion and second were made by Aldermen Nelson/Lovell to issue a forgiveness of the mortgage and have the seller pay the recording cost for the release of the mortgage. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON THE APPROVAL OF THE REIMBURSEMENT OF THE MFT ACCOUNT IN THE AMOUNT OF $17,950.74 AS A RESULT OF THE DOCUMENTATION REVIEW #69 PERFORMED BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION City Engineer Keith Plavec explained that this is an audit from January 2013 to December 2018. The auditor actually went further back than 2013. Some of the older records have been destroyed because they are older than 7 years old. One item is $7751.00 from 2010 that the City was given as a high growth payment from IDOT. When the City received the funds in 2010 it was not put in the MFT fund. They are stating that it went into the general fund, so now the City needs, to reimburse the MFT fund from the general fund. A list of 10-12 different items that add up to $8199.74. This amount is for a combination of items ranging from postage to. bank fees Non MFT invoices and other misc items. They would like to see the City reimburse within 60 days of this letter payment into the MFT account in the amount of$17,950.74. The audit should now take place on a yearly basis. The recommendation from Keith is to reimburse the MFT account in the amount requested. Motion and second were made by Aldermen Ryan Mayhew/Quin Mayhew to approve the reimbursement to the MFT account in the amount of$17,950.74. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING THE RECEIPT AND DISBURSEMENT OF MOTOR FUEL TAX FUNDS BY THE CITY FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2018 RESOLUTION #5211 Motion and second were made by Aldermen Ryan Mayhew/West to approve the resolution and place it on file. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried DISCUSS, CONSIDER AND VOTE ON THE PAYMENT41 TO ICRMT IN THE AMOUNT OF $108,050.00 FOR THE CITY'S LIABILITY INSURANCE RENEWAL PAYMENT The Council approved the renewal with ICRMT at the last council meeting but the payment is due by December 1, 2019. This request is to authorize the City Treasurer to issue a check for the payment (which will be paid in two installments) prior to the next bill list. Motion and second were made by Aldermen Ryan Mayhew/Quin Mayhew to approve the payment#1to ICRMT in the amount of$108,050.00. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman-Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. LEGAL AND ORDINANCE ALDERMAN CRAIG WEST, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING A CONTRACT WITH THE MISSISSIPPI VALLEY REGIONAL BLOOD CENTER FOR USE OF THE HISTORIC DEPOT IN 2020 FOR THE BLOOD DRIVES. RESOLUTION #5212 Motion and second were made by Aldermen West/Nelson to approve the resolution. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON REQUIREMENTS FOR ZINCK SUBDIVISION PLAT The City received a call from Attorney Ron Weber. The client is wanting to sub-divide some land that is located on 2261 North New Bridge Road-which is southwest of Canton. When the surveyor completed the document and they determined that the City would need to sign it. Keith Plavec worked with Attorney Jump. Section 11-1-3 of the municipal code discusses growth and development consistent with the city's comprehensive plan and facilitating the re- subdivision of larger tracks into smaller parcels within the area. The inherent power to regulate subdivisions within 1.5 miles was allowed by the State of Illinois per section. Keith Plavec and Attorney Jump reviewed the comprehensive plan which shows it as an agriculture use area. The City has the right to look at it and could send it to the planning and zoning commission for review. Keith said his recommendation due to the location of the property would be to allow staff to sign off on the subdivision plat rather than sending it to the zoning committee. Attorney Jump further explained that it is only called a subdivision because of the division of the parcel. It is outside of City limits. Attorney Jump said he would recommend waiving any formal requirements of going to planning and zoning. Motion and second were made by Aldermen Nelson/Lovell to waive the requirement for the Zinck subdivision plat. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. COMMUNITY& INDUSTRIAL DEVELOPMENT ALDERMAN JOHN LOVELL, CHAIRMAN PUBLIC WORKS, WATER AND SEWER ALDERWOMAN ANGIE LINGENFELTER, CHAIRMAN PUBLIC SAFETY AND TRAFFIC ALDERWOMAN ANGELA HALE, CHAIRMAN STREETS AND GARBAGE ALDERMAN JEFF FRITZ,CHAIRMAN DISCUSS, CONSIDER AND VOTE ON AN IDOT RESOLUTION FOR IMPROVEMENT-IL 9/IL 78 INTERSECTION RECONSTRUCTION/REALIGNMENT-SECTION 10-00101-88-TL RESOLUTION #5213 The proposed resolution is closeout paperwork on 2010 projects which is required by MOT in the amount of$27,285.57. Motion and second were made by Aldermen Fritz/Nelson to approve the resolution for improvement 11 9/78 intersection reconstruction/realignment. I ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON AN IDOT RESOLUTION FOR IMPROVEMENT-REPLACE LED MODULES AND BACK-UP BATTERIES ON VARIOUS ROUTES -SECTION 14-00106-88-TL. RESOLUTION #5214 The proposed resolution is for closeout paperwork for the replacement of LED modules and back-up batteries on various routes in the amount of$268.59. Motion and second were made by Aldermen Fritz/Nelson to approve the resolution for improvement and replace LED modules and back-up batteries on various routes in the amount of$268.59. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF CANTON AND THE VILLAGE OF ST. DAVID REGARDING THE USE OF THE CITY OF CANTON'S STREET SWEEPER. The City received a request to be able to use the City's street sweeper by another community two times per year (spring and fall) The City has made intergovernmental agreements with other equipment in the past. The City looked into the associated cost involved- which includes the salary, gasoline etc. It was determined that the total salary would be $48.40/hour and the fuel would be $2.65 per gallon. It was determined that the City would charge $200.00/hour to cover costs associated with sharing the equipment. The intergovernmental agreement should include a minimum cost since the overtime rate would be a minimum of 2 hours. Alderman Fritz stated that he understands the importance of being a good neighbor, but the City should increase the number to cover costs and benefit the City and help cover the wear and tear on the machine. The City should also check with a private company to see what they charge. Attorney Jump said he will prepare an intergovernmental agreement and will bring it back to the next council meeting for further discussion. Alderman Fritz said he would table this item until further information is brought forward. LAKE, BUILDINGS AND GROUNDS ALDERMAN QUIN MAYHEW, CHAIRMAN MAYOR COMMUNICATION APPOINTMENT-STEPHEN CLARK TO FIRE PENSION BOARD Motion and second were made by Aldermen Nelson/Lingenfelter to approve the appointment. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried CHANNEL 22 ISSUES .Mayor McDowell explained that people are having trouble with comcast and getting channel 22. If anyone is having problems,they need to contact Comcast to get the problem resolved. OLD BUSINESS NEW BUSINESS NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A PROPOSAL FROM AFSCME, COUNCIL 31, LOCAL 1372, REGARDING ADDITIONAL PAY FOR PENDING WATER PLANT OPERATOR POSITION Motion and second were made by Aldermen Nelson/Ryan Mayhew to go into executive session for: 51LCS 120/2 (C)1 (C)2. Action will be taken by council after the executive session. The Motion carried by voice vote and was unanimous. City of Canton Reconvened Council Meeting The Donald Edwards Way (Historic Depot) Canton 1161520 November 19, 2019 8:24PM Mayor McDowell reconvened the council meeting at 8:24pm after the executive session. ROLL CALL Yes No Absent Alderman Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew NEGOTIATIONS, GRIEVANCE & PERSONNEL ALDERMAN JUSTIN NELSON, CHAIRMAN DISCUSS, CONSIDER AND VOTE ON A PROPOSAL FROM AFSCME, COUNCIL 31, LOCAL 1372, REGARDING ADDITIONAL PAY FOR PENDING WATER PLANT OPERATOR POSITION Motion and second were made by Aldermen Nelson/Ryan Mayhew to deny the proposal for additional pay and proceed to fill the water plant operator position as the collective bargaining agreement states. ROLL CALL Yes No Absent Alderman ' Justin X Nelson Alderwoman X Lingenfelter Alderman Fritz X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Quin X Mayhew Alderman Ryan X Mayhew The motion carried. DISCUSS. CONSIDER AND VOTE ON APPROVAL OF ANSWER TO GRIEVANCE FILED BY CANTON POLICE DEPARTMENT UNION PB &PA #52 ON OR ABOUT NOVEMBER 7, 2019, AS RECOMMENDED BY THE COMMITTEE ON NEGOTIATION, GRIEVANCE,AND PERSONNEL. Motion and second were made by Aldermen Nelson/Lovell to table the vote. Josh Wages from the PB & PA#52 union agreed to table the item. ADJOURNMENT Motion and second were made by Aldermen Nelson/Hale to adjourn. The motion carried by voice vote and was unanimous. Mayor Kent McDowell City Clerk Diana Pavley Rock