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HomeMy WebLinkAbout02-20-07 Canton City Council Meeting Minutes A regular meeting of the Canton City Council was held on February 20, th 2007 in the Council Chambers at 50 North 4 Avenue, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY NANCY WHITES, CITY CLERK. Mayor Heinze ask for roll call at 6:30 p.m. Present – Aldermen Joe Berardi, Jim Hartford, Craig West, Larry Sarff, Kevin Meade, Les Carl, Eric Schenck, Sonya Lewis. Absent – None. Mayor Heinze reported that City Treasurer Kathy Luker was with a close friend that is ill. MINUTES OF COUNCIL MEETING HELD ON FEBRUARY 6, 2007. Motion and second by Aldermen Sarff/Hartford, the minutes of February 6, 2007 be accepted and placed on file. The motion carried by voice vote, and was unanimous. MINUTES OF CLERICAL COMMITTEE FEBRUARY 13, 2007. Motion and second by Aldermen West/Meade, the minutes of February 13, 2007 Clerical Committee meeting be accepted and placed on file as amended. Discussion. Alderman Berardi ask to amend the minutes to show that Alderman Sarff had ask Police Chief Jeffrey Fritz if the K-9 dog had been ordered, and the Police Chief Jeff Fritz said “yes.” Alderman Sarff asked if the dog was here, and the Police Chief said “yes.” The motion carried by voice vote, and was unanimous. BILLS FOR JANUARY. Motion and second by Aldermen Carl/West, the Bills for January that have been approved be paid. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. TREASURER’S REPORT. Motion and second by Aldermen Sarff/Lewis, the Treasurer’s Report be accepted and placed on file. The motion carried by voice vote, and was unanimous. BUDGET REPORT. Motion and second by Aldermen Meade/West, the Budget Report be accepted and placed on file. The motion carried by voice vote, and was unanimous. 1 COMMITTEE REPORTS: Finance. Council Action Document Imaging for City Clerk’s office of 2 users from LaserFische for $6664.00.Motion and second by Aldermen Carl/Sarff, to approve purchasing the Document Imaging from Laser Fiche for 2 users in the amount of $6,664.00. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis.. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. TIF IH Loan Sinking Fund $200,000. Motion and second by Aldermen, Carl/West, to allow the City Treasurer to open a new account with an amount of $200,000, to be used to pay off the loan from Mid America National Bank. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Insurance Committee recommendation. Motion and second by Aldermen Carl/Hartford, to accept F. Ray Martin of MarAcon, LLC as the Actuary who prepares the GASB 45 Health Care Actuarial Study at a projected cost of $2,500 to $3,000.00. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS – None. Motion carried. Monitoring Well. Motion and second by Aldermen Carl/Berardi, to allow for a Collector Well be done by the city, on city property by the Lock & Dam in the Village of Banner for going underneath the Illinois River for the usage of ground water and for phase one and two in the amount of $50,000.00. Discussion. Alderman Berardi mentioned that Mayor Ken Fuller of Banner went to the Historical Preservation Council about the City of Canton doing this Collector Well. And the Preservation Council will make the city have to have a plan. The city has to work with the Corps of Engineers on this project. The Corps of Engineers are thinking about Rice Lake, and they have a meeting planned for March 5. The Ethanol Plant will put the City of Canton in jeopardy when they pump 500,000 gallons a water per day. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, 2 West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Rate Reduction for water bills. Alderman Carl said no action was needed. Replacement of Hydrulic Pump. Motion and second by Aldermen Carl/Hartford, to allow the purchase of a replacement gasoline powered hydraulic pump from Global/MES at a total cost of $4,364.00; an using $493 from the Fire Rescue Fund. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Leander Construction, Inc. of payment #7 for Kilroy Sewage Pumping Station. Motion and second by Aldermen.Carl/Hartford, to approve pay estimate #7 to Leander Construction, Inc in the amount of $351,398.70 for the Kilroy Sewage Pumping Station. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Water Bill Processing update. Alderman Carl mentioned this issue is postponed as the quotes have not all come in yet from the various banking institutions. Sludge Tank Cleaning. Motion and second by Aldermen Carl/West, to accept Merrell Brothers for Sludge Tank Cleaning in the amount of $2,850.00. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis.. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Flow Meters from Water Department. Motion and second by Aldermen Carl/Meade, allow for two (2) flow meters from GE Hanam Meters, in the amount of $9,250.00. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. A-Z Risk Management Loan.Motion and second by Aldermen Carl/Berardi, to allow for additional 5 years at 5% for re-structuring the agreement. Discussion. City Attorney Chrissie Peterson explained that if 3 the agreement is renegotiated they will not be in default. Alderman Schenck said he wants to see the document before finalizing the vote. Motion and second by Aldermen Schenck//Meade, to refer the A-Z Risk Management Loan to committee, with contingency of being approved at the council meeting for the final draft. Roll call. AYES – Aldermen Sarff, Meade, Schenck. NAYS – Aldermen Berardi, Hartford, West, Carl, Lewis. 3 AYES, 5 NAYS, 0 ABSENT. Motion defeated. Roll call. (Voting on the original motion of additional 5 years, at 5% for restructuring the agreement.) AYES – Aldermen Berardi, Hartford, Carl, Lewis. NAYS – Aldermen West, Sarff, Meade, Schenck. 4 AYES, 4 NAYS, 0 ABSENT. Mayor Heinze voted AYE to break the tie vote. Motion carried. Legal & Ordinance. Council Action Annexation of Josie B’s. Motion and second by Aldermen West/Carl, for the city attorney to seek a Pre-Annexation of Josie B’s Bar and to take each of the Pre-Annexations case by case. Discussion. Alderman Berardi wants to make the Josie B Bar come into the city as painless as possible. Alderman Carl wanted a legal opinion from the city attorney. Chrissie said it matters if this is voluntary or non voluntary and the judge would have to consider. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. The motion carried.. Community & Industrial Development. Council Action None. Negotiations, Grievance & Personnel. Council Action There was nothing listed on the agenda to discuss, and discussion was not held. 4 COMMUNICATIONS FROM MAYOR HEINZE. Fire Chief search. Mayor Heinze suggested using the same method that was done for the new Police Chief. This would be the Illinois Fire Chiefs Association for a cost of up to $10,000. Motion and second by Aldermen Sarff/Schenck, to approve for Illinois Fire Chief’s Association to be involved in search for new fire chief, not to exceed $10,000.00. Discussion. Alderman Berardi mentioned that the amount of training and leadership we have in John Stanko, I look at the fire department as one of the best. We have three assistant chiefs, I don’t want to spend $10,000 when we have these 3 assistant chief’s, I want to keep morale high. Alderman Schenck said he was not opposed to the process, but a wide open process provides objectives and it is a good experience for the fireman to go through. The mayor makes the final assessment of the decision. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford. NAYS – Alderman Berardi. 7 AYES, 1 NAY, 0 ABSENT. Motion carried. Mayor Heinze also wants to name members to serve on a search committee of Fire Chief John Stanko. They are - Alderman Eric Schenck, Public Works Director Clif O’Brien, Fireman Jay Smith, and Mayor Rodney Motion Heinze. and second by Aldermen Sarff/Hartford, the appointments be confirmed. The motion carried. Mayoral Appointments. Motion and second by Aldermen Schenck/West, to approve of a interim attorney of John McCarthy at $150.00 per hour. Discussion. Chrissie Peterson said she is planning to take 12 weeks of st maternity leave beginning March 21 and has offered to work at home during this time. She will be paid ½ of her salary. Alderman Sarff suggested the mayoral appointment be refer to March Clerical Committee meeting next month. The motion and second withdrawn. K-9 Dog. Mayor Heinze said we are going to talk about this some in executive session as the two things overlap, and I would just as soon handle the personnel issue first. And then will come back in open session and talk about this a little more. The attention here is to not clothe in secrecy, but the personnel issue needs to be handled before the other. Alderman Berardi said he needed more definite information on this as it was in the minutes last week, and it was discussed in the last meeting. Who is 5 putting what in front of what, here? It has nothing to do with personnel, it has to do with location! Mayor Heinze ask why would it matter if we do this now, or later? When I was researching this issue I talked with our city attorney Chrissie Peterson and she had said to him, this would be a personnel issue, and Chrissie said tonight at the meeting that she concurred. Alderman Berardi said, if union matters and grievance, I don’t see leaning into that. The public ought to know when that dog was delivered and not brought up in executive session. Alderman Sarff commented that he agrees with Alderman Berardi on that particular issue, but there are some contractural matters and a personnel issue that we need to talk about in executive session. Alderman Carl wanted to hear an opinion from the city attorney of what the proper process is. Chrissie Peterson said it will be extremely difficult to have the discussion without addressing contracts of union issues and personnel matters and specifically you may need to address the rankings and qualifications of all those who applied to be the K-9 handler. Chrissie said she would suggest exactly what is proposed and to continue with the executive session, come back into open session and then previously discuss those issues. Motion and second by Aldermen Carl/Lewis, to go into executive session. Discussion. Alderman Berardi said we are talking about a police dog and the dog is not under the union. This has nothing to do with a grievance, we are not talking about individuals, its location! It does not say on the agenda of executive session that is what we are going to talk about. What I’m saying, let’s talk about that dog when it comes here, this has nothing to do with individuals. What the chief said when it came here, it’s a three day discrepancy. And where that dog is going to be housed, and what the opinions of this council and public are! We are not going to talk about the police officer that is going to handle it and who applied for the job. So that has nothing to do with a grievance or personnel. Alderman Sarff stated, we have a motion and a second, we have an legal opinion from the city attorney, and we have a legal opinion from Alderman 6 Berardi. Alderman Berardi, said, then what are we doing now? Alderman Sarff said it’s time to vote.. Roll call. AYES – Aldermen Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS – Alderman Berardi. 7 AYES, 1 NAY, 0 ABSENT. Motion carried. Enviromark $89,336.03. Motion and second by Aldermen Hartford/Meade, approval to pay Enviromark $89,336.03 and hold the retainage of 10%. Discussion. Alderman Sarff ask Clif O’Brien how long has the job been done and why are we still holding 10%? Clif said the job was completed last fall and the 10% is being held because of the law suit on the violations. Mayor Heinze said he talked with Enriromark and this has their okay. Alderman Berardi asked, have they not been sited for EPA violations? City Attorney Chrissie Peterson answered, yes they have! Alderman Berardi asked, one of the reasons they have been sited is because the City of Canton being sited? Chrissie Peterson answered, no, none of the violations say that! Alderman Berardi reported that dumping of sludge is the reason for the violations. Are we going to defend one of their violations? Chrissie Peterson answered, some of the work they did is one of the violations. Alderman Berardi asked, and we’ll have attorney fees for the violations and will be discussing that issue with the EPA? Chrissie Peterson said we’re in the process now. Alderman Berardi, my recommendation is we hold more than 10%, it it’s going to cost us for their negligence, we need to hold them accountable. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, Hartford. NAYS – Aldermen West, Berardi. 6 AYES, 2 NAYS, O ABSENT. Motion carried. Hiring of Environmental Attorney for Wastewater Treatment Plant Supt. Joe Carruthers. Motion and second by Aldermen Sarff/Meade, approval to hire John Faletto of Peoria at $225.00 per hour to represent Joe Carruthers. Roll call. Aldermen Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS - Alderman Berardi. 7 AYES, 1 NAY, 0 ABSENT. Motion carried. OLD BUSINESS: None. NEW BUSINESS: 7 ORDINANCE – DEFINING MEETING AND ADOPTING PROCEDURES FOR ELECTRONIC ATTENDANCE AT MEETINGS. First reading, read by title. ORDINANCE – AMENDING SECTION 9-3-24 (TOY VEHICLES) OF THE CANTON MUNICIPAL CODE. First reading, read by title. ORDINANCE – CREATING TITLE 5, CHAPTER 11 (CARBON MONOXIDE DETECTORS REQUIRED) OF THE CANTON MUNICIPAL CODE. First reading, read by title. EXECUTIVE SESSION – LABOR NEGOTIATIONS WITH PUBLIC WORKS – LABOR GRIEVANCE; AND, EMPLOYMENT COMPENSATION & PERFORMANCE OF SPECIFIC EMPLOYEES; AND, COLLECTIVE BARGAINING AGREEMENT. Motion and second by Aldermen Sarff/West, to go into executive session. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. The regular session of the City Council meeting convened at this time for executive session at 7:18 p.m. Those staying for executive session – Aldermen Joe Berardi, Jim Hartford, Craig West, Larry Sarff, Kevin Meade, Les Carl, Eric Schenck, Sonya Lewis. City Attorney Chrissie Peterson, Mayor Rodney W. Heinze, City Clerk Nancy Whites, Police Chief Jeffrey Fritz, Bruce Beal negotiation attorney for the City of Canton. The regular scheduled Council meeting reconvened in open session at 8:16 p.m. In attendance for the open session – Mayor Rodney W. Heinze, City Clerk Nancy Whites, City Attorney Chrissie Peterson, Alderman Joe Berardi, Alderman Jim Hartford, Alderman Craig West, Alderman Larry Sarff, Alderman Kevin Meade, Alderman Les Carl, Alderman Eric Schenck, Alderman Sonya Lewis, Fire Chief John Stanko, Public Works Director Clif O’Brien, Water Treatment Supt. Greg Pollitt, Police Officer Matt Freehill, Police Union representatives President Misty Holloway, Jana Eveland, Daily Ledger representative Linda Woods, WBYS representative Mark Bixler, 8 Journal Star representative Jenny Freeman, Candidate for Ward One Alderman Jason Strandberg. The following was considered in open session. Motion and second by Aldermen Sarff/Hartford, the appointment of Howard Dye as the hearing officer for the Vicious Dog Ordinance be confirmed. The motion carried by voice vote, and was unanimous. K-9. Police Chief Jeffrey Fritz mentioned that he had anticipated having a new position open for a handler. Four officers applied for the position. Conducted interviews, and the panel consisted of Police Chief Jeffrey Fritz, Police Officer and former handler of Grando Rick Nichols, Mike Eveland handler of Roko, and a canine handler with the Illinois State Police. The officer was selected of Matthew Freehill. Went ahead and approached the council for the purchase of a new dog and has been approved on November th 6 council meeting. Went ahead and used the funds out of the State Farm Insurance Company from Bloomington, that the Police Department sought of $2,500.00. Supplemented by a local State Farm office of $500.00 contribution. And used $3,000 of Asset Forfeiture Fund. Went ahead and talked to City Treasurer Kathy Luker and had her cut the check for us. Chad Learner the trainer of the K-9’s finds the qualified owner. Went ahead and purchased the dog. The dog was picked up by officer Freehill and I did not th know that until the 14. Mayor Heinze stated that reviewing the contracts, according to the City of Canton’s Personnel Manual as well as union contracts, an employee can live within 10 miles of the city. Officer Freehill is capable of doing this job and no one questions that. The K-9 officer always has a vehicle as this is how the dog is transported. The issue now is, do we want the city property of a vehicle and dog being out of the city! Alderman Berardi said the issue of Number One here is the Police Chief had th indicated to Alderman Sarff on February 13 the City has not taken possession of the dog. Then Alderman Sarff asked the chief when do you take possession? The chief said, any day now! Alderman Berardi said that dog was in Fairview on Sunday. The chief of police said he did not know the dog was here until Wednesday. I can’t imagine the publicity this dog has gotten and the amount of people involved in fund raising and the chief of police did not know the dog was in this town. I’m not happy with that 9 dialog that took place at the city council meeting and of the chief of police. This reflects on the police department as a whole. Number 1. Where that dog will be and how that dog will respond to suspects of bank robbers. Number 2. People call an say that dog is a police officer. That dog can’t vote, can’t read and does not have a drivers license. That dog is not a police officer. The price of gas for the vehicles, they should not be going out of town and driven back and forth to work. It is not anything to do with officer Matt Freehill. The people of this town don’t want the dog nor the vehicle out of this city. The availability of that dog should not be in Fairview. You will not have any support to raising of funds in the future. Alderman Schenck said the deal with the K-9 program, the K-9 dog has to reside with the K-9 officer. Another inherent part of police officers, they are not required to live in the community. Interested question is, do we put the canine with most qualified officer? Selection was made, and authorization given to purchase the dog. So we have a choice, is it more important to have the canine with the most qualified officer or more important for the canine to stay within the city limits? Alderman Carl said it is an additional expense. Alderman Sarff said calls to his home say the officer gets called out, it then becomes the city’s liability. I agree somewhat with Alderman Schenck, accept we don’t have to have the dog. We are not mandated to have a dog. Said he was sorry for the misunderstanding. Alderman Schenck said he feels the dog is a very important part of the police department. Mayor Heinze concurred. Alderman Meade stated, the canine quality enhances our police department is unquestionable. The past two dogs have done excellent work for us and anticipate the new dog will do excellent work for us. It is one of the things we have in this city that produces income. The Asset Forfeiture Fund in part is because of that dog. Personally would not support not having a dog in this community. The other question, how many times in the past has the officer been called in off duty? I understand and appreciate the argument of the dog belongs in Canton, and the vehicle. Alderman Meade feels there is a compromise on this issue. The fund raising, I appreciate everything this community has done. We should not ask this community for a dime. The 10 dog pays for himself. That dog is a viable asset to the community, and income generating property. Hate to see us loose the dog because we can’t come to some decision where the dog will be. Mayor Heinze asked Chief of Police if the dog is a officer? Chief Police Jeffrey Fritz answered, he is not! Alderman West said there is another issue, and that is the cost of the Kennel. Police Chief Jeffrey Fritz stated that officer Freehill already has the required fencing, and the Kennel can be removable. Alderman Lewis stated the citizens that called her feel like they have been mislead. We need to validate this. We have 8 intelligent people on this council, lets work together to work for a viable solution were all going to be satisfied with. Lets move on. Mayor Heinze ask what would be a place to start? Alderman Lewis said she did not know the dog’s name? Matthew Freehill mentioned the dog’s name is Halo. Alderman Lewis said we need to have communication to bring to complete satisfaction. Alderman Sarff said let the mayor and police chief work with officer Freehill and Police Benevolent Association and come back with a proposal for council to consider at the next Council meeting to be held on March 6. th Training for the officer and K-9 dog begins March 5. Aldermen Sarff and Meade suggested having on the agenda for next week’s Mechanical Committee. Alderman Meade recommended to go to committee meeting next week to have consensus from the committee members. Tentative Agreement with Clerical Workers . Alderman Sarff reported that this is the first contract of 6 employees, and they voted to be represented 11 by City of Canton/Public Works and American Federation of State, County and Municipal Employees, AFL-CIO. They will receive a 4% wage increase which totals $2,400 paid, from the lowest paid employee to bring up to higher level of pay. Motion and second by Aldermen Sarff to accept the 6 employees tentative agreement with the 4% wage increase. Discussion. Alderman Carl asked if we should have a contract first? Alderman Sarff said this is the way it is done, they need to know we will approve this tentative agreement. Roll call. AYES – Aldermen Lewis, Schenck, Carl, Meade, Sarff, West, Hartford, Berardi. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Labor Grievance.Motion and second by Aldermen Schneck/Lewis, to deny the grievance with the Police Benevolent Contract on the second step. Roll call. AYES – Aldermen Berardi, Hartford, West, Sarff, Meade, Carl, Schenck, Lewis. NAYS – None. 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. Adjournment. Motion and second by Aldermen Hartford/Sarff, to adjourn. Voice vote, motion carried. The regular scheduled council meeting adjourned at 9:47 p.m. _________________________, Nancy Whites, City Clerk APPROVED: _________________________________, Rodney W. Heinze, Mayor 12 13