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HomeMy WebLinkAbout04-01-08 Canton City Council meeting minutesThe Canton City Council met Tuesday, April 1, 2008 at 6:30 p.m. in the Council Chambers, 50 North 4th Avenue Canton, Illinois for their regular meeting. PUBLIC HEARING WAS HELD AT 6:30 P.M. FOR THE BUDGET ORDINANCE. Mayor Heinze asked if anyone in the audience wanted to speak. Nobody offered to speak after the mayor asked three times. The Council members were then asked to speak. None of the Alderman spoke after being asked three times. The Public Hearing closed at 6:31 p.m. The meeting began with the Pledge of Allegiance followed with prayer given by City Clerk Nancy Whites. Present -Mayor Rodney W. Heinze, City Clerk Nancy Whites, City Treasurer Kathy Luker, City Attorney Chrissie Peterson, Police Chief Jeffrey Fritz, Fire Chief Bonnie Cremer, Wastewater Treatment Supt. Joe Carruthers, Water Treatment Supt. Greg Pollitt, Video Services Joe Ginger. In the audience was Rachel Rose, Rick Roberts from Leander Construction, News Media from Daily Ledger John Froehling, WBYS -Mark Bixler, The Democrat Denise Bankes. Mayor Rodney W. Heinze called the meeting to order at 6:30 p.m. Alderman answering roll call -Eric Schenck, Larry Sarff, David Nidiffer, Kevin Meade, Jason Strandberg, Sonya Lewis. Aldermen absent was Joe Berardi. MINUTES OF COUNCIL MEETING HELD ON MARCH 18, 2008. Alderman Sarff made the motion minutes of March 18, 2008 Council meeting be accepted and placed on file. Was duly seconded by Alderman West. The motion carried by voice vote, and was unanimous. MINUTES OF CLERICAL COMMITTEE MEETING HELD ON MARCH 25, 2008. Alderman Lewis made the motion the minutes of March 25, 2008 Clerical committee meeting be accepted and placed on file. Was duly seconded by Alderman Schenck. The motion carried by voice vote, and was unanimous. COMMITTEE REPORTS: Public Safety & Traffic. 1 Council Action Personal Protective Equipment. Alderman Schenck made the motion to approve the replacement of personal protective equipment for one firefighter from Global/MES has provided a quote of $1,835.00. Was duly seconded by Alderman Sarff. Roll call. AYES - Aldermen Lewis, Strandberg, Meade, Nidiffer, West, Sarff, Schenck. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Streets & Garbage. Council Action Garbage Rate Increase. Alderman Strandberg made the motion to allow for an ordinance to increase the garbage rate by $1.00 per month beginning August 1, 2008. Was duly seconded by Alderman Sarf£ Roll call. AYES -Aldermen Schenck, Sarff, West, Nidiffer, Meade, Strandberg, Lewis. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Lake, Buildings & Grounds. Council Action None. Informational. Alderman Lewis mentioned that Rachel Rose serves as the graduate student from Western Illinois University and has been diligently working on focus group master plan and she has a report on those focus group meetings. Rachel reported that during the month of March we had three focus groups and were all open to the public. We advertised in the Daily Ledger as well as the Canton Website. The first two focus groups were mainly for people interested in lake activity. The first one was for residents from the city and the second meeting was for the lake residents. The third focus group was for people interested in possibly opening the old motorcycle track for ATV usage. 2 We had an agenda of questioning them on a time line with the three projects I had mentioned the last time I was here. And they are, the campsite overhaul was one issue and the day dock at the old beech, and the repair to the old boat launch. Over whelming the people voiced they would likely want to see the old boat dock repaired first. During the times the low water it gets utilized the most. The second thing on our agenda was revenue generation. We ask each person there to come up with ideas and ways Canton Lake could generate revenue. In the future the lake area could stand on its own. The ideas were for a permanent place at the day dock, lease them between the lake yearly to residents within the City who do not live on the lake but leave their boat there and charge them a fee. Third thing ask was alternative ideas for land use. Focused mainly on Kilroy farm area, and if there was something could do with the old beech, and if they want it open. And basically what we found out, each person has a personal pet project out there. There is a lot of feeling of personal ownership. The sub counsel is now discussing the ATVs. The focus group held on the 20th had the most attendance, it was standing room only. The people just voiced they wanted a place to ride their ATVs. So the sub counsel started looking at rules and regulations for other ATV's tracks around us. We are doing alternate ideas for the tracks and trails and mainly leaning toward proposing ATV track for the old motorcycle club. Alderman Sarff asked, concerning the ATV proposal how many that were there from the residents of the third focus group meeting? Rachel said she actually proposed the ATV track to the other focus groups we had and their main concern was trespassing and noise control. The ATV focus group said they can control noise by placing something on the muffler. This is just to give people a place to ride and I think will cut down on trespassing. Alderman Sarff said that is one of the things for council to have some discussion and it gives them something to discuss. We had a motorcycle club there one time. More homes are out there now. Alderman Lewis said this is a master plan and understands the controversy and said she understands both sides of forming a Master Plan, and welcomes all comments. Mayor Heinze said he appreciates the due diligence on this. Public Works, Water & Sewer. Leander Construction for Payment #14 and Final for the Kilroy Pumping Station in the amount of $61,465.43. 3 Alderman Strandberg made the motion to accept Payment # 14 and Final for the Kilroy Pumping Station from Leander Construction and in the amount of $61,465.43 with subtracting $2,000 for the engineering cost trying to finalize the project, and paid from the Bonding account. Was duly seconded by Alderman Sarf£ Discussion. Motion and second agreed to adding in the motion to have paid from the Bond fund. Alderman Schenck said what is here is the issue of liquidated damages; Alderman Strandberg had commented in the committee meeting that the change order that was received by the engineer was not granted, and was agreed to by the committee. The $2,000 is associated with engineering cost the city incurred. The $28,400 is the other liquidated damages. That is the essence of the discussion a week ago. Alderman Strandberg commented, yes, the project ran late, but it is an outstanding project and did not cause any damages. This is not a single issue here. Rick Roberts from Leander Construction gave out copies of Leander Construction e-mails of discussion taking place on fixing of the problem from the beginning they knew they had one. Rick commented the City of Canton still does not have a SCADA system. City Attorney Chrissie Peterson asked does Leander Construction contest the possibility of liquidated damages for the substantial completion date. Because we talked a lot about the final completion date. But, I think its important for the council to understand we're actually talking about two sets of dates here. The substance completion date was May 9, 2007 and that date was agreed to later as being July 15, 2007. Before we get to the final completion date, P d like to know your opinion. Rick Roberts said their company demolish the old plant late in May. And the product manager Bobby Ashbury dropped the ball. We were suppose to notify Maurer Stutz Inc. when we are substantially complete. We did not do that in writing. Mayor Heinze asked Keith Plavec if the city had suffered any Harm? Keith said no! The final completion date was July 13, 2007. The date I have written down is December 3, 2007 is the date we received from Leander Construction their punch list items were completed. With the exception of the controls, which is the debate going on here currently As far as damages did the city have any backups? Did the City have any EPA violations as result of this station. It did not happen! Did you have people going down to the station to work and make sure punch line completed. To make sure what's left, yes! Thoughts are the cost Alderman Strandberg talking about 4 as additional cost for time beyond final completion date was in my opinion that is your cost. Rick Roberts said the change order is from Bill Davis to Leander Construction. Bill Davis was programming the controls. He was not a good subcontractor, he was condifent would work, and $17,000 is the cost Leander Construction incurred. This is a very minor item, an over sight! This fits the definition of contingency item. Alderman Sarff ask Keith, in your role as city engineer, how do you feel in your position this is a contingency item? Keith said he expressed at the last meeting and as I said another engineer took care of it from our firm, and I got brought in at the end of the project, and how do we get this resolved. We made contact with rep. Rick Shaw from Square D. In an e-mail Square D offered to bring a technician down from Texas. Square D offer to bring a technician down from Texas to work on site. Leander said every day it cost them $200.00. What I've seen from Square D system should work, and basing my recommendation, it should work and I'm not in favor of the change order. Alderman Schenck asked for the total cost of the project! Keith Plavec gave the following: Total project cost $1,569,002.19; One change order to condition filter package $1,600,326.35. Paid out to date $1,539,000. Alderman Schenck made a motion to amend the liquidated damages of the full amount of $28,400.00. Motion died for lack of a second. Alderman West said he appreciated the communications from Rick Roberts, but seems to me there was no communication between ending date of July 13 and September 24, 2007. Alderman West made a motion to amend the original motion to take out ~/z liquidated damages from the final payment of $47,265.43. The motion died for lack of a second. Alderman Strandberg said we are making assumption, and they were having discussions not with e-mails. Mayor Heinze said he holds Leander Construction in high regards, and said to Rick Roberts of Leander Construction, he appreciates what you are doing, and hope you appreciate what the city is doing. Alderman Sarff mentioned seems tp ne enough blame to go around here. I'm not sure $2,000 is the contingency item we should forgive. Pay what he ask for originally $61,465.43. I will vote against the motion. Roll call. AYES -Aldermen Lewis, Standberg, Meade, Nidiffer, Schenck. NAYS - Aldermen West, Sarff. 5 AYES, 2 NAYS, 1 ABSENT. Motion carried. COMMUNICATIONS FROM MAYOR HEINZE - 5 Good News. Mayor Heinze brought up the Wellness Program the City of Canton has adopted for all city employees. During the month of March is was Colorectal Screening. This month of April the theme is on Mental Health Month and will be focused on Alcohol and Drug Abuse, Sleep Disorder, Depression, Anxiety. Encourage the department heads to attend as he is planning on going April 8 for depression and anxiety screening. This is highly confidential. Deputy Clerk Diana Tucker is working on getting a week end at a resort as a door prize. Mayor Heinze said he is giving a letter to the City Clerk Nancy Whites, Members of the City Council, and the citizens of Canton: I, Rodney W. Heinze, duly elected by the citizens of Canton to hold office of Mayor in February of 2005 and subsequently sworn into office on May 3, 2005, hereby give notice that due to family obligations, I hereby unconditionally resign as of the end of Old Business, May 6, 2008. It has been my great privilege to serve you and I am confident that the progress we have made in the last three years will continue under the wise guidance of the new Mayor and City Council. Sincerely, Rodney W. Heinze Some ways it has been short time, and other ways long time. I knew a year ago I was not running again at the end of my term. Will be moving out of state. Give thanks for the support and appreciate the help. OLD BUSINESS: None. NEW BUSINESS: ORDINANCE -CREATING TITLE 5, CHAPTER 12, (FIREWORKS USE ACT). First reading, read by title. ORDINANCE -TRANSFER OF FUNDS FROM THE WORKING CASH FUND TO THE GENERAL FUND. First reading, read by title. 6 ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING MAY 1, 2008 AND ENDING APRIL 30, 2009. First reading, read by title. Alderman Meade commented that during discussion next week on the Budget City Treasurer Kathy Luker has suggestions of having a balance budget. Mayor Heinze said he is most proud of Alderman Meade and City Treasurer Kathy Luker for there diligence. Alderman Strandberg asked if the administrative assistant position was removed from the ordinance? Alderman Meade said we have the option of a balanced budget. ORDINANCE -ADOPTING THE AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING MAY 1, 2007 AND ENDING APRIL 30, 2008. First reading, read by title. RESOLUTION - APPROVING AN AGREEMENT FOR THE DISPOSAL OF RESIDENTIAL SOLID WASTE WITH WASTE MANAGEMENT OF ILLINOIS INC. First reading, read by title. Alderman Meade made the motion to adopt the resolution. Was duly seconded by Alderman Schenck. Roll call. AYES -Aldermen Schenck, Sarff, West, Nidiffer, Meade, Strandberg, Lewis. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Resolution being #3583. RESOLUTION - APPROVING A QUOTE FROM TIMBUKTECH. (FOR COMPUTER SERVICE AN UPDATES). First reading, read by title. Alderman Meade made the motion to adopt the resolution with the upgrades in the amount of $19,719.95. Was duly seconded by Alderman West. Discussion. Alderman Meade said this will be discussed at next week's committee meeting of the monthly charges. Mayor Heinze said if we did not have city employees like Greg Pollitt and Darren Flynn who know computers we would be paying out more funds just keeping them working. Roll call. AYES -Aldermen Lewis, Strandberg, Meade, Nidiffer, West, Sarff, Schenck. NAYS -None. 7 AYES, 0 NAYS, 1 ABSENT. Motion carried. Resolution being #3584. EXECUTIVE SESSION - NEGOTIATIONS, GRIEVANCE & PERSONNEL COMMITTEE TO DISCUSS NEGOTIATIONS - PUBLIC WORKS AND FIRE DEPARTMENT. 7 Alderman Sarff made the motion to go into executive session. Was duly seconded by Alderman West. The motion carried by voice vote, and was unanimous. The regular scheduled council meeting convened into executive session at 7:45 p.m. to discuss negotiations with public works and fire department. The regular scheduled council meeting reconvened in open session to adjourn at 8:24 p.m. ADJOURN There being no further business Alderman Schenck made the motion to adjourn. Was duly seconded by Alderman Sarff. The motion carried by voice vote, and was unanimous. Mayor Heinze adjourned the meeting at 8:25 p.m. Nancy Whites City Clerk APPROVED: Rodney W. Heinze, Mayor 8