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HomeMy WebLinkAbout3-28-06 Mechanical Committee Minutes MECHANICAL COMMITTEE MEETING Tuesday March 28, 2006 – 6:30 p.m. th 50 North 4 Avenue, City of Canton Public Safety & Traffic Alderman Eric Schenck, Chairman Police Report. Police Chief Donald Edwards reported that there is nothing outstanding in his report. The number of reports are down and on page 2 it shows there was a decrease in accidents. Alderman Joe Berardi mentioned about no citations was given to the business of Crazy 8 that was selling soft porn. When they heard this on the TV they quite selling. They have to be 500 feet from a church, and we have not heard anything back on this. Police Chief Donald Edwards told Alderman Berardi that there was something reported as the city attorney and myself brought it up. Alderman Schenck said to take a look at the current ordinance and is not opposed to revisiting the issue. Motion and second by Aldermen Berardi/Hartford, forward to the Legal & Ordinance Committee the existing ordinance on adult novelty stores and the selling of merchandise. The motion carried by voice vote, and was unanimous. Alderman Schenck complimented the Police Chief Donald Edwards on his Budget, felt he had done a good job. Police Chief Donald Edwards mentioned that his Budget is mainly 93% personnel cost. The fleet is also a large element of the Budget and the gasoline cost. The School District pays 2/3rds of the Task Force officer annual salary. Has applied for a 3 year hire back grant. Replaced Bullet Proof Vest last year, the Department of Justice paid part of the cost. Applied for another grant of Gang Assistance & Training. Most vehicles have less than 50,000 miles, but two new units will be ask for later on this year. One of the vehicles we need to replace is the K-9 unit. Another car has 185,000 miles on it. Alderman Berardi mentioned the State Bid the city is using to purchase vehicles. If cost are only few thousand difference should buy in Canton. Alderman Meade said we give local businesses the opportunity to bid. Alderman Schenck would like for the City to check with local dealers and then bring forward. Fire Report. Fire Chief John Stanko commented that the department celebrated 100 years of a career, professional fire department. Fire fighter Clark Evans produced a video presentation about the fire department. Retired Fire Fighter Bill Burnham also produced a video presentation covering a number of major fires over the past twenty years. Fire Fighter Mark Hanlin researched the history of the department and compiled a data base of 1 Clerical Committee 4-18-06 all fire fighters who have served with the department as well as a listing of all fire chiefs who have served since 1906. Appreciated all the hard work done by fire fighters to prepare and host the event. Annual Fire Report. Fire Chief John Stanko mentioned that the overall call volume during 2005, they experienced a modest increase. An increase of 17.7% for 200 alarms that were simultaneous with one or more other alarms. The addition of a full time fire fighter/inspector should help to alleviate some of the problems associated with simultaneous alarms during day shift. Youthful Fire Setting Intervention activities required 37.75 man-hours and seven overtime man-hours during 2005. Wednesday was our busiest day of the week with 248 alarms accounting for 14.9% of all alarms. Tuesday was the second busiest day of the week with 235 alarms, accounting for 14.6% of all alarms. We provided mutual aid to two departments on three occasions. Our department received mutual aid from other departments on nine occasions. Fire Fighters spent 1010 hours during 2005 for fire training in the following areas: In-house fire training 410 hours, Technical training 600 hours. Inspectors spend 216.5 man-hours conducting 163 site inspections. The number of site inspections decreased by 32.9% The adopted Budget for FY 2005/2006 reflected an increase of about $86,500. 2005 provided economic times of the past few years. All of the assistance to Fire Fighters grants received to date were successfully closed out during 2005. Both grants allowed us to purchase equipment and make advances that would not otherwise have been accomplished or would have had to be done with city funds. Receiving the Staffing for Adequate Fire and Emergency Response (SAFER) grant was particularly rewarding as there were only 76 grants for hiring of fire fighters awarded in the county. The addition of a full time fire fighter/inspector will provide benefits to the entire community for many years to come. Once again, I must recognize the dedication and commitment of our fire fighters. They continue to work tirelessly throughout the year and support me as fire chief in numerous ways. Without their continued assistance, input and dedication, the Canton Fire Department would not be able to accomplish a fraction of what we do. I am extremely proud of each and every fire fighter on a daily basis. It is truly an honor to lead and work with such a wonderful group of fire fighters. Appreciate the position of Mayor and Aldermen and have appreciated working with all of you to provide services to our community. The Budget for FY 2006/2007. No change in contractual services, 1.2% increase. Will pay off Rescue Engine. This will put us back on schedule. Technical Rescue Fund down 40%. This brings no impact on city finances, John said. 2 Mechanical Committee 3-28-06 Alderman Schenck thanked both chiefs for their reports. Alderman Berardi mentioned again about the lightning that hit the City Building and Police Department two weeks ago. We lost the generator, one phone down and one door would not open in police department. Alderman Berardi wanted to know about someone might not be able to get out of the building when the door malfunctioned. Police Chief reported that Altorfer came in next day to access the damage to the generator and to see where the system failed. Best guest, don’t know where the lighting struck. What compounded the system was we lost several circuits. Did not loose 911, nor the capability to dispatch. There is one switch we can use if that happens and the county takes the 911 calls. All claims have been turned into the city’s insurance carrier. Public Works Director Clif O’Brien was asked about the Generator by Alderman Berardi. Public Works Director Clif O’Brien said there is a three way switch outside the building to turn on when the Generator does not work. From the lightning hit, we do not know what happened. The Public Safety & Traffic Committee adjourned at 7:13 p.m. Streets & Garbage Alderman Jim Hartford, Chairman 336 Route. Michael McLuckie came to the meeting and wants the City of Canton to pass a resolution supporting the alignment they would like to see. This will help IDOT make the final decision. Mayor Heinze said he has discussed with staff supporting the “Blue Line” which better extends to the City. Maurer-Stutz Inc. Keith Plavec mentioned that it would be 10 to 15 years to be built, and you could push the City of Canton out further. You have to look at 100 years from now. Michael McLuckie said there was no money to build and there is no money to buy the right-of-ways. Motion and second by Aldermen Reed/Hartford, to have the city attorney to draw a resolution of support for the “Blue Line.” Discussion. Alderman Berardi wants to have endorsement of the Chamber of Commerce and their input. Maurer Stutz Inc. Keith Plavec said the City can recommend and the Chamber, Park District and others can give their input later on. Alderman Berardi mentioned to Keith Plavec it was not his position to take. Alderman Berardi said he wants to have the property owners to make comments at the city’s meeting. Alderman Carl wanted to know why draft the resolution first, have the comments first. Motion and second withdrawn. For the next Streets & Garbage Committee to post notice for citizens to make comments. City of Salem, Illinois request. City Manager Jim Snider of Salem, Illinois had earlier brought the Public Works Director from Salem to review the City of Canton’s hot sand seal overlay project. They liked it so much they want Public Works Director Clif O’Brien to travel to Salem for one day in April, 2006 to assist Salem in reviewing public 3 Mechanical Committee 3-28-06 streets suitable for the hot sand seal overlay project and for two or three days in August, 2006, to assist in the supervision and implementation of the actual project work. Salem will pay for all of Clif O’Brien’s travel, meals and lodging expenses. Salem will reimburse the City of Canton for Clif O’Brien’s wages for each day he is in Salem assisting with the hot sand seal overlay project. The City of Canton would enter into an Intergovernmental Cooperation Agreement with the City of Salem. Alderman Hartford ask if the city attorney had reviewed the agreement and Mayor Heinze said he had not. Motion and second by Aldermen Reed/Berardi, to approve the concept and have the city attorney review the agreement. The motion carried by voice vote, and was unanimous. The Streets & Garbage Committee adjourned at 7:47 p.m. Lake, Buildings & Grounds Alderman Rick Reed, Chairman There were no items on the agenda. Alderman Reed ask for a reading on the lake level. Water Treatment Supt Greg Pollitt said the lake level was 45 and 1/25 inch. The Lake, Buildings and Grounds Committee adjourned at 7:48 p.m. Public Works, Water & Sewer Joe Berardi, Chairman Water Hook up for Todd Putman at 155 N. Avenue 1. Public Works Director Clif O’Brien stated there is an 8 inch pipe in front of the man’s home. He needs to annex into the city first. Alderman Meade said they’re willing to annex in to the City, we can forward on the hoop up of water, and we approve annexation, they can move on Motion purchasing the home. and second by Aldermen Berardi/Schenck, to allow hook up of city water/annex into City. The motion carried by voice vote, and was unanimous. Pre-Annexation Agreement Robert K. Stufflebeam Jr. Lakeland Rd. Public Works Director Clif O’Brien said the location is in Del Bar and is on the other side of the lake. Motion Alderman Berardi said he does not approve of Pre-Annexations. and second by Alderman Schenck/Reed, a resolution be presented to approve of the Pre-Annexation Agreement for Robert K. Stufflebeam Jr. The motion carried by voice vote, and was unanimous. 4 Mechanical Committee 3-28-06 Economic Development Service Agreement w/SRP for Economic Development. Alderman Carl ask Economic Development Director Mark Rothert if he checked out using Motel/Hotel Tax as to using for part of his salary. Mark said that he checked with other communities and he contacted Macomb they give all of their funds to the Conventions & Visitors Bureau. And from that they pay the Director of the Conventions & Visitors Bureau to operate that organization. My guest would be “yes” you can use those funds for administrative purposes. Mark said he also talked with staff of the Peoria area visitors bureau, and they also receive Hotel/Motel Tax from the City of Peoria and they use the funds for their administrative cost as well. Alderman Schenck said on that issue we have been handed out several packets on the law for use of Hotel/Motel Funds. Alderman Schenck said his interpretation of it, you could pay for administrative charges associated with administrating those funds. I’m not sure you can just allocate the money to cover administrative cost. If there was money going toward the purpose the Hotel/Motel Tax was generated, you could indicate to spending that money for those purposes. There could be some cost in administrating that fund. Alderman Berardi told Mark to get a hold of Peoria to see how they do it. Mark said he has already done that. Alderman Berardi said he wants a copy of what the Convention & Visitors Bureau use the funds for. Alderman Meade ask Mark if there was a way of writing into the SRP document the type of the Convention Business Bureau funtion? Alderman Carl said that $70,000 was allocated in the Budget for the SRP, and anticipating using $15,000 from Hotel/Motel Funds, and $15,000 from the City for in- kind services. Mark Rothert mentioned that City Attorney Jim Elson had reviewed all of the funding and does not believe the City can offer in-kind services to SRP as would be a conflict of interest. We need to address funding first. Alderman Schenck ask if there is any specifics under Section A. as to which fund this comes from? It says “General Fund.” Why not say “City Fund!” Alderman Meade said it has to be a Budget line someplace. Mark ask, you don’t want any dollar amount affixed to this agreement? Alderman Schenck said, no! Let us figure out where the money is going to come from in the context of the Budget. Will agree to some amount and be budgeted approximately. I would like to strike out the amount of $85,000 and in-kind services under the heading of Section 2. – b. Alderman Schenck said he would like for us to consider the offer of the use of this building for their use as an office. Under Section 10 titled Reporting, add a phase of duties under “K”. ”On or before September 1, 2006 SRPED shall present to the City for councils review an action plan for Economic Development with updates on plan implementation provided no later that January 1 and May 1, 2007.” Alderman Berardi commented, be the best utilization of this building? Alderman Schenck is going to tell us how. Alderman Schenck said he is suggesting we look at the back end of the building providing space for SRPED group. Reason why, will use number three first. Have to have an office somewhere, they have budgeted $6,000 and 5 Mechanical Committee 3-28-06 want ground floor. This would provide them sort of an in-kind service. 2. Potential adds value to the use of this building, consisting with some of things Vandewall & Associates came up with TIF District. And Elm Street being a corridor as being the entryway into our community. Others have pointed out the building as community visitor type of center as coming into the City is a nice point of contact. 1. Really give a good perspective of our largest development project, which is IH. Alderman Meade said we originally offered Chamber of Commerce and Economic Development office space at the Depot, but with Linda Caudle being alone in her office we didn’t want to put her by herself in this building. Alderman Meade said he liked Alderman Schenck suggestions, be a good place for the Chamber of Commerce, and make more viable to the community. Mayor Heinze ask Alderman Berardi if the Public Works, Water & Sewer Committee has taken over the lead on Economic Development? th Alderman Berardi said he was concerned about how this was going to develop on 11 Avenue with our water line. This is all infrastructure, and Streets & Garbage Committee should probably be part of it. Mayor Heinze asked, do you have a time frame? Alderman Berardi said we were originally thinking of May 1. Mayor Heinze said Mark Rothert and the Chamber of Commerce needs to know where were heading with this. Alderman Schenck said this agreement was not ready for the Community & Industrial Development Committee meeting for discussion. This is the first time we have seen the agreement. Mark Rothert said he does not have a Board to go to. Time is of the essence and we are changing about where we’re going to be. Alderman Schenck said this group when formally organized would take this offer when made, we are not going to put furniture in this building by May 1. Mayor Heinze said at the council meeting of February 21, 2006 this council approved $100,000. Alderman Meade said the $100,000 we have not waiver on the amount, just which portion of the Budget will utilize funding. Mark Rothert said he would redraft the lanuage that the City will contribute $70,000 as well as any funds found in its Hotel/Motel Tax fund. Will also change the language for Tourism and Convention Center. Motion and second by Aldermen Schenck/Hartford, forward this agreement to council for action of modification that was discussed, and with recommending the offer of the partnership to include the Historic Depot as an additional offer. Discussion. Mayor Heinze said the city has to appoint 4 people to the Board. Should select what method to use, as normally its mayor’s appointments and then approval by council. The motion carried by voice vote, and was unanimous. Sidewalk Café. Mark Rothert reported on a proposed awning, railing and seating to create café atmosphere for the sidewalk area. This is good for the downtown where 6 Mechanical Committee 3-28-06 people can interact. Sam Peulo said he would add flowers to top of the railings. The awning would be green with red letters and will be 8 feet in length and have 6 to 8 round tables. Zoning Officer Clark Wilson said the city’s criteria is okay to utilize city property this way. Clark further added that there will be 6 feet of walkway on the sidewalk for handicapped accessibility. Alderman Reed thought it was a fine idea. Mark said the City owns the city sidewalk, don’t know the liability. It might just take a waiver that could be needed. Will have to ask the city attorney for his comments on this matter. Motion and second by Aldermen Reed/Schenck, to allow the use of the city sidewalk for Café Europe and the type of setting outdoors as presented The motion carried by voice vote, and was unanimous. Report on Inmon. City Attorney Jim Elson had given out a report on court issues. This case was heard by Judge C.E. Taylor on March 22. At the conclusion of the case, Judge Taylor ruled in favor of the City of Canton and against Mr. Inmon. I am submitting a complex Judgment Order which grants an injunction against Mr. Inmon and orders him to abate the nuisance which he has created. It also award costs of suit (very few, as the city pays no filing fees and the term “costs” does not include attorneys fees.) and a dollar judgment for the unpaid water bill on the former Five Sisters Mobile Home Park. Mr. Inmon has 30 days after the order is entered to file an appeal. If he does so, the city may seek and appeal bond. Thanks to the witnesses: Economic Development Director Mark Rothert, Firefighter Jay Smith, and Zoning Officer Clark Wilson Jr. and Water Treatment Plant Supt. Greg Pollitt. Special thanks to the Fire Department and especially Clark Wilson, for many, many excellent photos. Alderman Berardi wanted to know who is going to clean up the place? Status on Wheeler. Alderman Berardi mentioned that Mr. Wheeler had appeared in court on March 7. Collection of abandon cars. Alderman Berardi said he has been investigating 16 cars that are behind the former Demler Lumber, some without license plates. Police Chief Donald Edwards mentioned that the Code Enforcement Officer Dustin Pollitt was out there just today. Don said he would discuss this with the city attorney as the property is zoned to allow such a business, but there could also be abandon vehicle issues. Industrial Land Usage – discussion. Greg Arnett Director of Service Mining Operations for Capitol Resource Developing Company. Greg said he has lived in the Canton Community for over 30 years now and in this time I’ve been designing, operating and reclaiming surface mines for several operating companies. He said he brings tonight to share plans with the City Council a new surface mine put together in the last 3 months. The area is 1085 acres and located just north east of Canton. The red line on his map is the actual watershed of Canton Lake. The new surface mine will be one mile and ½ 7 Mechanical Committee 3-28-06 from town. The water shed break down here, part of its in the Canton water shed area and part of it outside. Canton Lake and Copperas Creek run right beside it. This project will be a catalyst for Canton to move the community ahead. Will have 40 high paying jobs. Looking at 3 million dollar operation. The business needs support from the community. There will be some 200 jobs here. Will need tires, fuel, lubricate, concrete, pipes. All the things a community can supply to make it a viable operation. When the trucks are running to get the coal out, we’re looking at somewhere of some 100 trucks a day. A major trucking company is going to look at Canton as a hub. To have a coal mine setting right next to Canton, what better thing to have. It will be a great thing for our community. The economic benefit will not be at the expense of the environment. I’m going to make sure I protect that watershed and the water that is leaving the area for mining. To build a new mine takes 9 to 18 months before the permits are issued. Blasting is regulated now and is a highly regulated portion of the mining operation. In the design we minimize variation and minimize the air blast. Design in our plan for flexability will work for city and county on minimizing our impacts. Many of the areas prime farm ground will go back to that same prime farm ground. Even after mining is done the structure we create will be permanent. All the water will still go through these structures that take care of not all the sediment flow that could have existed here, you can job it out, clean up water on a permanent bases to go in to lake Canton. I’m not coming here to ask you for anything. What I would like to have is your support. Alderman West asked, how many years you see this mining operation? Greg said the project area, the way have designed will recover four and one quarter million tons. Which means the equipment somewhere around a 10 year project. Want to make Canton a hub for all the mining going on. Have discussed this a little bit with the Fulton County Engineer Bill Kuhn. Has not been submitted to them yet. Alderman Reed asked how will you get the coal out of the community and the traffic pattern you’ll use? Greg said the original design has a support facility of recess coal and we take it out Cypress Street. Made it more of a challenge with Super Wal-Mart coming to Canton. We put in flexibility because of problems like this. We could work with a property owner and use his land to take out the coal. Alderman Reed asked about dust control. Greg said dust control falls under EPA and we will have to secure 15 permits before we start. Alderman Meade asked if thought about using rail? Greg said yes, have to establish our market. We have a lot of opportunities of transportation that is available. Alderman Schenck asked if there are any local markets for the coal? Greg said have not researched it. Alderman West asked about the water shed to Clif O’Brien, if he is comfortable about this? Clif O’Brien said he has not a worry because the EPA will not let them harm the water shed. We have something they need and its silt in our lake, and we can talk about a partnership with them later on. 8 Mechanical Committee 3-28-06 Greg said studies that were done, the amount of BTU available in the Illinois basin is equal to or greater than all of the oil that’s in Saudi Arabia an Kuwait combined. Greg said they will leave most of the trees behind. Motion and second by Aldermen Berardi/Hartford, to send a letter of support to council for Capitol Resource Mining Company. The motion carried by voice vote, and was unanimous. Public Works Budget – discussion. Alderman Berardi wanted to know how to address changes? Alderman Carl said some of the suggestions can be done in executive session and some not. This can be discussed at the council meeting. City/Wal-Mart Development Agreement. This information is from the City Attorney Jim Elson’s memo on the issue. Received the original Development Agreement from Wal-Mart’s attorney. After review, Jim determined that it was not satisfactory from the city’s standpoint. After discussing this with Joy, he asked that the city authorize her to work on the agreement, which was done. She prepared a counter-proposal of 29 pages which Jim had reviewed from a legal standpoint, than talked with Joy who, in turn, has talked with Wal-Mart representatives. Progress is being made. It is now in the hands of the Mayor Rod Heinze, Joy Stieglish and Mark Rothert. Alderman Berardi also mentioned the City of Canton vs. Nelson (Demolition) from City Attorney Jim Elson who had sent out a Litigation Report and the reports says…This week Jim had a conference with Mr. Nelson’s attorney who informed me that his client had sold the building. He asked for time to sell and remove some machinery. Jim granted this request with the admonition that “foot dragging” by Nelson would not be tolerated. The suit remains unchanged, just a substitution of the purchaser as defendant. Another issue that was in the City Attorney Jim Elson Litigation report was as follows…For some unknown reason, the city has been paying real estate taxes on a portion of the city building parking lot, the Historic Depot, and its parking lot, and on the street in the north part of the city, which connects Stonegate Drive and Argonne Drive. Jim has prepared the tax exemption applications for all of these properties, which will save the city a considerable amount of unnecessary expense in the future. Clark Wilson provided valuable assistance in this project. City Council Appointment of Spoon River Partnership for Economic Development. Alderman Berardi said the city council appoints members to the SRPEC. My concern is who is involved? Not clear on the appointments by the city council. The four people are to be a cross section of the community. Alderman Carl said it’s the mayor’s choice of who he appoints. Alderman Berardi ask if the council members submit names for consideration? Alderman Meade said of the appointments if you have any the mayor will listen to who 9 Mechanical Committee 3-28-06 you might have. Alderman Berardi submitted the name of Dan Silverthorn, he represents the blue collar and building trades. The other name is Jim Nelson the County Treasurer, as he has been involved in economic development for years. He would be representing the county. Mayor Heinze said he had four in mind and was thinking of 2 Aldermen, and someone from the county, and one up for grabs. Dan Silverthorn could be a possibility. Alderman West said the Aldermen choices is good as they can bring information back to council. Depot sale over view. City Attorney Jim Elson mentioned that his legal research in this matter is ongoing. Initially, it appears that the railroad corporation owns the real estate and has a long term lease to the city. The lease generally prohibits sale of the lessee’s interest. Thus far I have not been able to determine the terms of the grant from the State of Illinois for restoration of this “Specimen of Early American Transportation.” Alderman Berardi brought up what he called a controversy going on for about a week and he has 7 letters on this topic. This subject is not on the agenda and Alderman Berardi wants it on the agenda at the end of Public Works, Water & Sewer Committee. He then said what he was talking about, how we felt the action by the Liquor Commission was not a fair assessment of what has happened in this community. What it is, is a moral mission of the mayor. The reason being brought before the attention of council, does not look like there is any recourse for these Liquor License businesses. Part of our community has raised over $1,000 dollars through benefits. I’m not here to abate their fines. They paid the fines. But, we are here to abate whether or not the punishment along these lines was fair. They are closing these buildings. Now let me tell you how we got involved and how some of us feel about it that’s on the council. Example – Billy’s And White Oaks have had one situation in twenty years and the other 2 in twenty-nine years. They have been policing themselves. On top of this, now does this sound like a threat to our community that raised $1,000 of dollars for our community. One of these businesses was cited in this matter…a gentleman walked up to the bar and ordered a drink. He was asked for I.D. They served him two drinks. He took it over and sat at the table. There was an underage person sitting at that table. They cited him for serving that individual. Now two things come to mind, the individual should have been ticketed for being underage. The guy should have been ticketed for buying drinks for serving someone underage. They said it was a sting and you can’t touch them. Prior to that, now keep this in mind, when a woman came in, offered to buy a drink, they looked at I.D. She is underage, the owner grabbed the license, called the police to have her arrested. The police came and got them, state police says part of the sting, release them! Now that sounds like somebody is wanting to get someone. Nobody got a ticket. Why is anyone challenged to keep their business open by one person? Because you have to worry what your fine and punishment will be. These are upstanding people in our community you are shutting down. Your causing people their jobs. You’re impacting our city considerably, especially if these people choose not to hold any more benefits. 10 Mechanical Committee 3-28-06 The mayor is going to shut them down for 6 days. They were fine, and that’s enough, not shut their business down. Think about someone comes in shuts your business down because they have a vendetta. I say it is an entrapment for you to work and find a way to close a business down. I can’t believe in my wildest imagination that Mayor Heinze is imposing additional penalty on these businesses that have worked so hard. Mayor Heinze selected Sunday to close down, Sunday is probably the busiest day. Who closed them down, the mayor did! These 7 letters, I’ll give a copy to anybody. Council should ask the mayor to dismiss those penalties as they have already been fined. Alderman Berardi asked for Tad Putrich to speak about the support. Tad said it is $100,000 that has been raised by the businesses. Tad said he was the President of Canton Traveling Basketball Association. It is a non- profit agency. What White Oaks does for us cannot be replaced because we average between $13,000 to $15,000 over the last two years. Any business that is used to hold a benefit for under privileged, I’m a big fan of! We need these benefits for our non-profit organization or we are not going to survive. Alderman Berardi said they have been fined once, why punish them the second time, “I think it is out of line.” Alderman Berardi asked if anyone else had any comments. Mayor Heinze said he did. I don’t appreciate Alderman Berardi hitting me broad sided on this. He has an agenda that makes part of his attack to not let anyone know what is going on, so he can come as a surprise ahead of time! You Alderman Berardi made a statement that someone on the council has an issue with this also! Who is it!? Alderman Berardi answered, they can speak for themselves. Mayor Heinze said you made the indictment, why don’t you tell me their names? Why don’t you have the guts to stand up! Who is it? Alderman Berardi said I’ll tell you one thing I’d like to see somebody have the guts to stand up to the city council and discuss this in the open. Mayor Heinze said, that’s what we are doing! You had your say Alderman Berardi so why don’t you be quiet for once in your life and let me have my say. Alderman Berardi said, go ahead! Mayor Heinze – ask if anybody on the council went with Alderman Berardi and talked with him about this? Alderman Carl said he had. Alderman Schenck said he does not know where all this discussion is going but first of all I don’t know the ordinances we have and the authority. Mayor Heinze asked if he could go first? Alderman Schenck said, okay! Mayor Heinze said he will make his comments to Alderman Berardi, he said he will not attack anybody out here, imagine you guys are not to happy with me right now, but still considers them honorable people. I’ve talked to Randy Oaks when I’ve had some bar issues, and when I wanted an objected voice. He gave me some good answers that wasn’t always a benefit for him. As far as the Illinois State Police going in there accusing them 11 Mechanical Committee 3-28-06 of entrapment. The Illinois State Police does not entraped anybody. Tom Perkins from the State Police I have known a long time and he was promoted to Master Sargeant and was heading up the sting. You won’t find a better State Trooper than he is. You will look long and hard to find any corruption in the State Police. As far as these citations, one in 29 years is like me speeding and telling the officer don’t give me a ticket. You are not right on your facts which that is not unusual. I originally said the Liquor Commissioner is Rod Heinze. I can suspend up to 30 days, and I can revoke the license, and can access a fine of $1,000 on each up to $10,000. I had originally thought about more time then this, but the Police Chief Donald Edwards cautioned me. You have a friend here on that part. I choose 4 day suspension from Sunday through Wednesday th beginning April 1 through the 4. I had mistakely looked at my calendar and realized later that I had started with Saturday which is probably the busiest day. So I ate the first day, now its 3 days. You have an aggravating situation here by not having bartender licenses. They have paid the fine. Mayor Heinze read from a book…Underage drinking of alcohol is the number one drug of choice among children and adolescents. Alcohol is a leading contributor to injury and death, and a leading cause of death for persons under the age of 21. Mayor Heinze ended the reading from the book. He said he considered serving alcohol to young people very serious. I am a paramedic, I have pulled people out of cars that were intoxicated and some did not make it. I can’t tell everybody how to run a business, but when the law says no under age drinking, I plan on enforcing it. Alderman Berardi is saying that these people are not stupid, I agree! These people are not stupid. I will leave at that, as I’m trying to be kind. I gave what I thought was a very minimal punishment. These council meetings are not an evaluation of what people do in the city. Much of the meetings are evaluations. Appreciate even less evaluating the Police Chief and the department on violations that are not against the law an the city attorney has said they are not. And Aldermen Berardi says look in to this and go do something. It is the same conversation. If we want the law changed, why don’t we do it ourselves! I guess I’ve said it all. I guess I might as well run this part out. Alderman Berardi said, no you’re not going to run this part of it! Mayor Heinze said this isn’t even part of your committee. Alderman Berardi said yes it is, I brought it up and this is my committee. Your honor! you’re just a spectator here tonight, you’re not part at all of the committee. Mayor Heinze said he was ex-officio member. I’ll give you the benefit here, as I’ve had my say. Go ahead! Alderman Berardi said, when you have been blind sided and you pull out status from your pocket. Mayor Heinze said, because someone was more honorable than you told me what was going on. Alderman Berardi said, oh more honorable than me! I would not doubt that! That’s your opinion. You had a choice of not imposing a double penalty on these people and you choose not too. Alderman Carl asked the mayor if he had checked with other communities for same kind of offenses? Mayor Heinze said he did not! 12 Mechanical Committee 3-28-06 Alderman Meade said he questions the council’s jurisdiction of what the Liquor Commission does. Alderman Berardi said, I don’t think so! I will give people opportunity to speak at the City Council meetings and I represent the City of Canton. The most ridiculous thing I heard is you can’t bring back the same argument in 30 days. We’re bringing something that this city has the right to grieve. I’m not here to run a popularity contest. As people in this city will get a fair hearing. Now to answer your question, we send to city council a recommendation to lessen that penalty. You can say what you want about me, doesn’t bother me one bit. Alderman Meade said, I agree the citizens have a right to voice their opinions on any issue. The council cannot over turn the actions of the Liquor Commission. We can recommend, and ultimate decisions on these matters rest with the Liquor Commission and the mayor is the Liquor Commissioner. Alderman Berardi said he was going to make a motion. Mayor Heinze told Alderman Berardi that your going for action item not on the agenda. Motion by Alderman Berardi, to ask for reduction in penalties of zero days. Discussion. th Mayor Heinze said the days of closing is April 2, 3 & 4 and those with no Bartender thth Permit will be April 9 and 16. Alderman Schenck said no one’s for underage drinking in this community. High school kids don’t walk into a bar in Canton. We have businesses here that have gone above and beyond the call of duty to help support the community causes. Does that mean they get special treatment? I don’t believe that is the case. Theya re an important part of our downtown community, they deserve the support of our community and our city. The mayor was elected by the people in Canton, he makes the call, he takes the heat. He made a judgment call and takes the benefits. I’m not saying I would have made the same judgment call at all. The motion died for lack of a second. Alderman Berardi thanked each business that attended the meeting. The Public Works, Water & Sewer Committee adjourned at 10:00 p.m. Recording Secretary, Nancy Whites, City Clerk 13