HomeMy WebLinkAbout01-20-04 City Council Meeting Minutes
A regular meeting of the Canton City Council was held on January 20, 2004 in the
Council Chambers at the Historic Depot at 50 North Depot Road, Canton, Illinois.
PLEDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED BY THE
INVOCATION GIVEN BY NANCY WHITES, CITY CLERK.
Mayor Bohler asked for roll call at 6:30 p.m. Present – Aldermen Jim Hartford, Craig
West, Larry Sarff, Les Carl, Mary Fillingham. Absent – Alderman Bob Molleck who is
out of state, & Alderman Elny Harn, & Alderman Rick Reed.
MINUTES OF JANUARY 6, 2004 COUNCIL MEETING. Motion
and second by
Aldermen Hartford/West, the minutes of January 6, 2004 be accepted and placed on file.
Voice vote, motion carried unanimously.
BILLS FOR DECEMBER. Motion
and second by Aldermen West/Fillingham, all bills
properly approved be paid, with the addition of a bill from Hocker/Fitzjarrald in the
amount of $20,700 for the City’s Audit. Roll call. AYES – Aldermen Fillingham, Carl,
Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried.
COMMITTEE REPORTS.
Finance.
Council Action
Motion
and second by Aldermen Carl/Fillingham, to approve the purchase of a portable
interrogator for the Meter Department in the amount of $6,300.00, and from Badger
Meter Inc. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS
– None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried.
Motion
and second by Aldermen Carl/Sarff, the approval of the Meter Department
renewing the Utility Service Agreements on the meter reading software (CONNECT) and
the meter reading hardware (MINI MOBILE INTERROGATOR), in the amount of
$3,200.00. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford.
NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried.
Alderman Carl mentioned that the suggestion from the Management Letter/Audited
Financial Statement was of changing the date of the committee meetings. The Finance
Committee meets on the second Tuesday and the Mechanical Committee meets on the
fourth Tuesday at the present time. The recommendation from the auditor was to turn
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them around. Finance on the 4 Tuesday and Mechanical on the 2Tuesday.
Alderman Carl said that after the last committee meeting where this was agreed to make
those changes, a couple of the employees came up with a better suggestion, and that is
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having the Council meetings on the 2 and 4 Tuesday instead of the lst and 3
st
Tuesday. And the committees would be Mechanical on the 1 Tuesday, and Clerical on
the 3rd Tuesday. Alderman Carl felt this would solve the problem of not receiving our
Finance Report.
Motion
and second by Aldermen Carl, to accept the recommendation with a Resolution
being drawn with the recommended changes. Discussion. City Attorney Ron Weber
mentioned that to do this change specifically of the Council meetings would require a
new ordinance to be in place. The council meetings are set by ordinance. The
committees could be changed more easily as along time ago were set by Resolutions
passed in 1982 and confirmed in 1989. We would also have to give appropriate notice to
the press that we are changing the format of our meetings. Ron Weber suggested the
following…we ask the department heads and appointed officials to consider this change
and spend a little time, and to prepare a memo to come back to committee. The reason is
we would be changing the entire structure and there may be other issues that should be
considered.
Motion
and second by Aldermen Carl/Sarff, to start the procedures to investigate
changing the dates for the Council meetings and Committee meetings. Discussion.
Alderman Sarff asked if there was already a motion on the floor before? Mayor Bohler
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Council meeting January 20, 2004
said there was, but there was no second to the motion. Voice vote, motion carried
unanimously.
Motion
and second by Aldermen Carl/Sarff, to approve the payroll service of the city’s
to be done in-house for $2,000 for a payroll module and training from LOCIS. Roll call.
AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0
NAYS, 3 ABSENT. Motion carried.
Motion
and second by Aldermen Carl/Sarff, to allow the purchase for the fire department
of 6 Breathing Apparatus and 6 spare air cylinders from Global/MES in the amount of
$2,056.11. (The Fire Department received a federal grant for several items within the
department. The full cost of the items is $18,504.99, and the grant is paying 90% of the
price.) Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS –
None. 5 AYES, 0 NAYS, 3 ABSENT.
Motion
and second by Aldermen Carl/Fillingham, to seek bids for Diesel Exhaust
Emissions Removal system for the Fire Department. Discussion. John Stanko said this
is the second program contained in the federal grant funds and has to be done to be in
compliance with the Department of Labor regulations, and the estimated cost will be
$25,000. Alderman Hartford asked what is the city’s cost for this? Alderman West
asked if this is just for the bidding? John Stanko, said that he is asking for the bidding
process only, and it is estimated the cost will be $25,000. Roll call. AYES – Aldermen
Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT.
Motion carried.
Motion
and second by Aldermen Carl/West, to waive the bidding process from
Global/MES for purchasing the 6 Breathing Apparatus and 6 spare air cylinders in the
amount of $20,561.10 (before the federal grant pays 90%). Roll call. AYES – Aldermen
Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT.
Motion carried.
Legal & Ordinance.
Council Action
None.
Community & Industrial Development.
Council Action
None.
Negotiations, Grievance & Personnel.
Council Action
None.
COMMUNICATIONS FROM MAYOR BOHLER.
Mayor Bohler asked for Rusty
Graham Vice President of the Police Union to speak about the deferred Comp payments
that were not deducted. Rusty Graham spoke about the several articles printed in the
Journal Star concerning the Police Union, Public Works Union, Fire Department Unions,
of the disagreement or the misunderstanding with the City about the mutual funds
investments that are made. The Police Union had a meeting about a week ago. Other
unions of the City did contact us about it, so we invited them to our union meeting.
During the meeting it was discussed of all their options, and that was to file a complaint
to get the ball rolling to get this corrected through the City. The meeting lasted about an
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Council meeting 1-20-04
hour. During the meeting a couple people brought up a law suit or contacting an
attorney. This was discussed approximately 5 minutes and everyone agreed that it was
to premature at this point in time if this ever gets to that point, its way down the road, as
we have several other options to go through with the City. After the meeting every one
agreed we’re in agreement on this. I would like to point out the Deferred Comp payment
the City pays in to, these mutual funds are not a contractual agreement. The only reason
the unions were involved is because it represents the employees, and we have a base of
organization for the employees to take their complaints to. The only thing that we were
authorized to do as a union was our union attorney can not advise us in this while filing
our complaint through the City. So we wanted to seek guidance from our members,
would it be okay if we contacted a private attorney to get clarification on what steps we
needed to take? And that was it!
The only other thing we are allowed to do, is in two weeks have another meeting on the
update of the complaint we filed, how we filed the complaint, who it was sent to, and
what action was taken!
Mayor Bohler asked Rusty – at any time were you aware that if any one in the union had
contacted the City? Rusty, yes, we knew there was between three to four individuals that
had spoken to you about this. But we were not aware of any action that had been taken.
We ask if any follow up, and they said they had talked to the City Clerk’s office, the
Mayor’s office and that you are aware of the problem and looking at options to deal with
it. I have not heard anything since.
Mayor Bohler asked Rusty – Did any of your union representatives, the president or
yourself contact my office?
Rusty said no, not that he was aware of, and Rusty said he was recently voted within the
last two weeks as Vice President.
Mayor Bohler asked Rusty - in your professional opinion as Vice President of the union,
if there was a concern, you would bring it to the City, or Chairman of Personnel, or to the
Mayor’s office? Rusty, I feel it should be dealt with through the City before it reaches
any other point.
Mayor Bohler said he appreciates those city employees who came here tonight. When
the situation was brought to my attention by the Police Chief it was forwarded on to the
City Clerk and she immediately made sure this was paid. This was not intentional this
was just an oversight. The City contacted Bruce Beal’s office to get him involved if there
was any money due. The preliminary estimate from ING was $25 to $35 per employee.
We want to make sure this is accurate before any money is paid back. My office wants a
good relationship with the Police Department, and the City is going to take care of their
employees.
Motion
and second by Aldermen West/Sarff, the appointment of Mark Pirtle to the Fire
& Police Commission be confirmed effective immediately and to serve until May 1,
2004. Discussion. Mayor Bohler explained that John Davis is resigning to spend more
time with his business. Voice vote, motion carried unanimously.
Motion
and second by Aldermen Sarff/Hartford, to accept from Vandewalle &
Associates (V&A) the Agreement for 2003 IEPA Stipulated Grant for the Northeast
Corner, Phase l: Agreement for 2003 USEPA Petroleum Assessment Grant: Agreement
for 2003 USEPA Brownfields Assessment Grant: and Agreement for 2003 USEPA
Clean-Up Grant for the Northwest Corner. Discussion. David Byerly the Economic
Development Director for the City of Canton explained the need for approving of these
documents. In review of the records, it was discovered that a formal agreement between
the two parties had not been executed. They are needed to insure the City’s compliance
with IEPA audit requirements. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl,
Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried.
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Mayor Bohler wants to discuss the salary increases for the Non Union and Appointed
Employees in executive session under Personnel.
OLD BUSINESS:
ORDINANCE – AMENDING ORDINANCE NUMBER 959 ENTITLED, “AN
ORDINANCE INITIATING AND COOPERATIVELY DESIGNATING AN
ENTERPPRISE ZONE.” Motion
Second reading, read by title. and second by
Aldermen West/Sarff, the ordinance be placed on its passage. Roll call. AYES –
Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3
ABSENT. Motion carried. Ordinance being # 1789.
NEW BUSINESS:
RESOLUTION - AMENDING A “COOPERATION AGREEMENT” BETWEEN
THE CITY OF CANTON AND THE COUNTY OF FULTON, ILLINOIS.
(Ameren/Cips resolution for expansion of the Duck Creek facility.)
First reading,
Motion
read by title. and second by Aldermen Carl/Fillingham, the resolution be
adopted. Roll call. AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS –
None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3674.
RESOLUTION – SUPPLEMENTAL FOR MAINTENANCE OF STREETS AND
HIGHWAYS IN THE AMOUNT OF $15,000. (THIS IS AN ADDITIONAL
AMOUNT TO COVER THE INCREASED MAINTENANCE COSTS.)
First
Motion
reading, read by title. and second by Aldermen Hartford/Sarff, the resolution be
adopted. Roll call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS –
None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3675.
RESOLUTION - REVISED MUNICIPAL ESTIMATE OF MAINTENANCE COSTS.
(BULK ROCK SALT OF 267 TON $8,885.76 AND BANK CHARGES FOR WIRE
TRANSFERS (2) AT $10 EACH.) First reading, read by title. Motion and second by
Aldermen Sarff/West, the resolution be adopted. Roll call. AYES – Aldermen Hartford,
West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion
carried. Resolution being #3676.
RESOLUTION – FOR EXPENDITURE/AUTHORIZATION OF MOTOR FUEL
TAX FUNDS IN THE AMOUNT OF $26,850.81. (THIS IS A REQUEST OF IDOT
TO EXPEND THE ADDITIONAL FUNDS NEEDED TO COVER THE FINAL
COSTS FOR THE 2003 MAINTENANCE PROGRAM.)
First reading, read by title.
Motion
and second by Aldermen Hartford/Fillingham, the resolution be adopted. Roll
call. AYES – Aldermen Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5
AYES, 0 NAYS, 3 ABSENT. Motion carried. Resolution being #3677.
RESOLUTION – VINE STREET BRIDGE OVER BIG CREEK IN THE
AMOUNT OF $43,000. (THIS IS FOR THE CITY’S SHARE OF
CONSTRUCTION COSTS.) Motion
First reading, read by title. and second by
Aldermen Sarff/West, the resolution be adopted. Roll call. AYES – Aldermen Hartford,
West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion
carried. Resolution being #3678.
AGREEMENT – FOR PRELIMINARY/CONSTRUCTION ENGINEERING
SERVICES FOR MOTOR FUEL TAX FUNDS FOR THE VINE STREET
BRIDGE OVER BIG CREEK. (THIS AGREEMENT PROVIDES THE
CONSTRUCTION OVERSIGHT.) Motion
First reading, read by title. and second by
Aldermen Sarff/Fillingham, the agreement be approved. Roll call. AYES – Aldermen
Fillingham, Carl, Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT.
Agreement #3679.
EXECUTIVE SESSION – PURPOSE OF NEGOTIATIONS, GRIEVANCE &
PERSONNEL – POLICE CONTRACT – PERSONNEL – AND POTENTIAL
LAWSUIT PERTAINING TO THE 457 DEFERRED COMP PAYMENTS. Motion
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City Council meeting 1-20-04
and second by Aldermen Hartford/Fillingham, to go into executive session. Roll call.
AYES – Aldermen Hartford, West, Sarff, Carl, Fillingham. NAYS – None. 5 AYES, 0
NAYS, 3 ABSENT. Motion carried.
The regular scheduled council meeting convened into executive session at 7:01 p.m.
The minutes of the executive session for Negotiations, Grievance & Personnel, Police
Contract, Personnel, and Potential Lawsuit Pertaining to the 457 Deferred Comp
Payments, are on file in the office of the City Clerk for review.
The regular scheduled council meeting adjourned from the executive session at 7:43 p.m.
to reconvene into open session.
Those in attendance besides the elected officials were Vice President of the Police Union
Rusty Graham, President of the Police Union Misty Holloway, Peoria Journal Star
reporter Brenda Bowen.
Motion
and second by Aldermen Sarff/Carl, to approve the City of Canton 2003-2004
Salaries, and retroactive May 1, 2003. Roll call. AYES – Aldermen Fillingham, Carl,
Sarff, West, Hartford. NAYS – None. 5 AYES, 0 NAYS, 3 ABSENT. Motion carried.
Adjournment. Motion
and second by Aldermen Hartford/West, to adjourn. Voice vote,
motion carried unanimously. The regular scheduled council meeting adjourned at 7:45
p.m.
_____________________________
Nancy Whites, City Clerk
APPROVED:___________________________
Jerry M. Bohler, Mayor
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PUBLIC HEARING
JANUARY 20, 2004 @ 6:00 P.M.
COUNCIL CHAMBERS - DEPOT
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50 NORTH 4 AVENUE, CANTON, ILLINOIS
PURPOSE OF THE PUBLIC HEARING – TO CONSIDER THE QUESTION OF
WHETHER TO AMEND THE EXISTING BOUNDARIES OF THE CITY OF
CANTON/FULTON COUNTY ENTERPRISE ZONE.
Those in attendance were Mayor Jerry Bohler, City Clerk Nancy Whites, City Attorney
Ron Weber, Economic Development Director David Byerly, Alderman Jim Hartford,
Alderman Craig West, Alderman Larry Sarff, Alderman Les Carl, Water Superintendent
Greg Polllitt, Public Works Director Clif O’Brien, Fire Chief John Stanko, Police Chief
Donald Edwards, Zoning Officer Clark Wilson, Daily Ledger Representative Linda
Woods, Democrat Representative Bill Mitchell, (the last two were newspaper reporters.)
Joe Ginger’s video service, Kathy Lockenvitz., Roger Nelson Ameren Real Estate.
(Alderman Mary Fillingham came in after the meeting ended.)
Mayor Bohler acknowledged Kathy Lockenvitz of Ameren Services at 6:00 p.m.
Kathy Lockenvitz, Business Development Executive Economic Development with
Ameren Services conducted the Public Hearing and opened the meeting at 6:00 p.m. to
allow any public comments.
Kathy Lockenvitz asked three times if there were any comments? Those in attendance at
the meeting did not make any comments each time Kathy asked.
The Public Hearing closed at 6:03 p.m.
Kathy Lockenvitz asked that the following letters of support be added to the Public
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Hearing: Senator George P. Shadid who represents the 46 District; State Representative
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Michael K. Smith from the 91 Representative District; Mayor Jerry Bohler from the City
of Canton; David Byerly Director of Economic Development for the City of Canton.
Recording Secretary,
Nancy Whites, City Clerk
City of Canton, Illinois
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